Anonymous
16 January 2012 at 22:07
Hello Experts / Lawyers,
Can any one provide a Judgment(s) where DV was Quashed or not Maintainable after Talaqnama Served/Sent by Muslim Husband to his Divorcee Wife?
What Judgments I can Use to Defend my Case?
Anonymous
16 January 2012 at 17:48
Dear Experts,
I am a 40year old married Hindu man( without any children of my own) who wants to adopt the daughter of my brother. She is 3years old.However she is a British citizen. She and her parents(i.e. my brother and his wife) are right now staying in India with me. My brother is a Indian Citizen while his wife is a British Citizen of Indian origin.
How should we go about the adoption. Do i and my wife have to go to UK or inform any agency there? Could u please tell me the detailed procedure to go about this? Is it as simple as just making an adoption deed?
Thank-you Experts
Anonymous
16 January 2012 at 14:13
Hi,
I recently got married. I was wondering if it is legally mandatory for me to change my name and take my name. If i chose not to change my name what legal complication can raise ?
I would like to retain the name i was born with for all legal & professional aspects.
Anonymous
16 January 2012 at 12:20
A girl ( now 21)of a domestic hand in our house was induced in marriage in a temple by a boy before two years and out of the said relations she gave birth to a babyboy (2+ now) now. The boy is absconding since two years and his whereabouts are not known. The girl has been driven out by parents and is staying with our family with child and is working and the child is in our care. She is not ready to wait any more.How to get divorce in absence of boy? We are ready to take care of child under adoption or guardianship. How to go about, pls guide.
Anonymous
16 January 2012 at 08:21
Whether a muslim women, whose husband illegally pronounced Talaq against the ordains of Quran and which the wife contents that it was not came into effect, is entitled to the right of residence in her 'husband's' residence as per the provisions of The Protection of Women from domestic Violence Act, 2005. Whether the recent judgement of the Supreme Court in this regard will help her. Kindy reply
Anonymous
15 January 2012 at 19:23
Hello Experts,
I've Gone through this below thread.
http://www.lawyersclubindia.com/experts/Time-limit-262591.asp
However, Few things I Have in my Mind I.e.
1) If My wife DV after 1 year, What is the way to Challenge her DV.
2)Can I Approach HC to Quash the DV?
3)Will Court give any Relief If Proved All allegation She is trying to make which itself are false, that is too after 1 year
Regrds
Anonymous
15 January 2012 at 18:12
I have following litigations with wife, from past 2 years:
1) Divorce on cruelty grounds:- from my side
2) DV act:- from her side, afterthought: cud nt get any relief in Sec 23.
She is at her parents place, earning in govt job, child is with me. I got an air that she is having tremendous social pressure at her parents house n may forcibly come here to live with me at my residence. I have office cum residence on rent......my profession wil be spoiled this way besides my divorce case will fall apart. My landlord is dead against writing a rent deed & wants that his premises not be dragged in taking Civil Injunction, if I plan so. O'wise he has no prob wid me.
Now the question is:
In such a divorce pending case, can husband ask for injunction against wife?
Will the apprehension count OR court wants some solid proof of her disturbing me.....to seek injunction?
Kindly guide how to tread....thanx
Sanjeev Kumar
15 January 2012 at 15:55
i am a NRI working in middle east .case at ajmer rajasthan. wife filed divorce on cruelty basis at family court ajmer, rajasthan in oct 2010. previously i had filed RCR in nov 2009 at punjab which she transferred to family court ajmer (thru supreme court). three times summons reached my punjab address but my father did not take it. then came newspaper publication in sept. 2011.
my father filed application in family court in oct 2011 saying the summons delivery is wrong and my son is in middle east.
on 17 nov 2011 family court judge dismissed section 9 and gave orders to initiate ex partee proceedings.
as suggested by lawyer i moved to high court and filed 1. quash/set aside petition under article 226 of constitution against this orderof 17 nov 11.also an application to stay the family court proceedings. the high court did not give stay in 3 hearings but summoned the girl but she did not appear (she changed address and summons not delivered).high court also did not dismiss the petition and it is pending.i have also appealed in high court against the dismissed section 9 by family court judge.
on 5 jan 12 family court judge took statements of girl and father about cruelty.he knew that there is petition pending in high court but as there was no stay he proceeded.my lawyer told me judge will pass ex partee order on 12/1/12.
i was late in action as my lawyer was always saying personal appearance is must in a family court.
i sent a letter on 5/1/12 from me (attested by indian embassy oman)to family court judge that i am trying to get leave but my boss denied it to me and i do not want divorce.
also on 10/1/12 my father filed another application in family court - with heading of - as per natural law of justice- that my son should be given chance to contest and he does not want divorce.also he filed an application to allow him as my lawyer and accept the vakalatnama.
the judge on 12/1/12 said - i was to do divorce today. ok u filed these letters i will read the file. he took file to his chamber and gave next date 1/2/12.my father appeared in person on 12/1/12.
now in preparation of 1/2/12 to stop divorce -
1. i want to file a detailed reply to her divorce petition. but my lawyer is saying he can not do now as his vakalatnama is not yet accepted. IS MY LAWYER RIGHT HERE ? neither the vakalatnama is rejected.
2. can my lawyer file a reply to her divorce petition with vakalatnama in A FAMILY COURT, when i am not appearing in person ?
then what to do to stop divorce on 1/2/12 ?i want to block the divorce until she withdraws 498a.
Member (Account Deleted)
15 January 2012 at 13:18
One of my friend has married under special marriage act in the month of april2011.His wife had applied for nullification under section 25. THe notice he had given to registrar to fix in the noticeboard for thirty days.
1)He has made a mistake in the notice in the occupation field of him and his wife's. 2)will the notice of the intended marraige considered in the case.
3)He was a spoken English faculty but he wrote IELTS faculty,his wife was a student but wrote as computer faculty.
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Continue of separated girl child
I am living in separation since long back 12yrs and after long back i have started the education of my daughter in MBA. in-laws agrees and after spending huge amount in the higher education she goes to college for few months (2.5 months) and then in-laws has stopped her to comming college and spoiling the education aswell as carrier too.
I want to continue the education of my daughter, is there any law to support her and continue her education in MBA.
harishkvyas@gmail.com waits immediately