mohanlal
15 December 2011 at 18:44
1. Thee are two cases has been instituted against me by my wife.
2. One is a criminal case u/s 498-A, which is instituted first, and subsequently a maintenance case u/s 125 Cr. P. C. by my wife.
3. Bother cases are based on the same false allegations.
4. The investigation is the criminal case is still pending (total nine months passed from the date of registration of FIR).
5. But in maintenance case the proceedings has been started and the written statement (WS) has been asked by the court (Family Court) in the matter.
Is it possible to get “Stay Order”, from the concerned High Court under “Writ Petition”, on the proceedings of family court because matter, which is lodged before the maintenance case, is still under investigation and is pending before criminal trial court?
Regards!
Anonymous
15 December 2011 at 16:57
My mother-in-law is the main problem of my marital life. She is a tremendous dominating lady. She teaches her son to fight or beat me . Whatever she say I have to do at any cost whether that is good or wothless, unless she will say to her son and he start to make me emotionaly harrasment. She says every thing lie against me to everybody. She is trying to make me alone from my all reatives. She always try to say that I am mad and make the scenes infront of my husband.She wants to snatch my kid by pressuring me. She makes all the situations by herself and starts to make fight with me and my husband every time. In this kind of situation infront of my kid we have to fight which is not good for my kid and our relation.even for money puspose also she is very much dominating. I am earning though they start to make clutters and taunt for my money and materials which I buy by my will.
I dont want divorce. Please suggest how to settle our marital relation strong without mother-in-law.
1. Is it necesary that I have to live with my mother-in-law whole life?
2. Is it correct that I have to do all things according to mother-in-law or husband? Cant I live as I want?
PLEASE SUGGEST ME POSSITIVELY....
Anonymous
15 December 2011 at 16:35
Dear Experts sir,
I got married on 11/5/2011as per Hindu marriage customs Agra. I stayed in my matrimonial home for period of 4 months with three intervals. On 10th Aug2011 When I reached my home.
After two week I received a summon from family court stating that section 9 (restitution of conjugal rights) is filed against you by your husband so you are required to present in court at 1100 am on 19/11/2011.
In the first week of November again pressure was build up on me and my parents for divorce on mutual consent. He got success in that being local. Partially he handed over stridhan without jewelries. He forcibly got signed mutual agreement on notary mentioning both parties will not file any sort of case or any sort of claim against any one and today onwards both will live separately along with signatures of local witnesses.
On the bases of notary mutual agreement paper he has withdrawn his case of section 9(restitution of conjugal rights) unwillingly we have accepted all this otherwise he may harm to me and my family lives. All this happened so fast we can not imagine. Our family is passing through shock. He said to us to appear in family court for moving mutually application for decree of divorce. We have not gone to attend family court.
Now it is not possible to continue relationship. On divorce I should get any maintenance or not.
Please suggest me for further course of action which is suitable for me at this point of time.
Anitha
15 December 2011 at 13:17
Hi,
I am a Christian and was married according to Christian rights in 2004 Dec and have a daughter who is 5 years old. I got an ex-parte divorce from my ex-husband as he was a very violent and mentally disturbed man. I lived with him only for four months. The last I heard of him, he was in a mental hospital in Kerala. I have not heard from since 2005 and I am not aware of his whereabouts. He didn’t even respond to court notices during the divorce case.
Then I got married again in Aug 2010 to a widower with two children. My daughter is not aware about her biological father she considers my present husband as her father and my husband who is a very loving man reciprocates her feelings and want to adopt my daughter legally so that she does not face any problems in future.
My Queries are as follows:
1) What is the procedure for my husband to adopt my child? What are the laws for adoption of a step-daughter by step-father legally?
2) My daughter has a passport which has the name of her biological father. Is it possible to it changed to her step-father’s name.
Looking for a favourable answer
Regards,
Anita
Vijay Kumar
15 December 2011 at 12:28
Hi,
I want to know the process about early divorce, actually i am paying maintenance charge monthly basic to my wife as per court decision as per petition of my wife for maintenance, this decision was taken in Oct,2011. now please suggest me how i can proceed for divorce case (divorce petition was filed on Oct,2009, this case is going very slow , case was filed in Chandigarh district court and now in Oct, 2011 its transfer to Shimla District court after Supreme court's decision as my wife has filed request to transfer the case to shimla)
She is getting monthly maintenance charges from me since last 2 years, but not ready to give divorce to me.
I am ready to pay the monthly maintenance charges , we are separated since last 3 years, but i need divorce.pls advise
Regards
Vijay
Anonymous
15 December 2011 at 11:43
MY WIFE DESERTED ME FOR UNKNOWN REASON...AFTER 9 MONTHS I FILED RCR...AFTER 2 MONTHS I TOOK MY RCR BACK...NOW MY LAWYER IS SAYING THAT YOUR JUDICIAL SEPRATION PERIOD START FROM DATE OF CANCELLATION OF RCR...SO AFTER 1 YEAR JUDICIAL SEPRATION WHICH IS MANDATORY BOTH PARTY CAN FILE MCD NOT BEFORE THAT..PLZ GUIDE...
Anonymous
15 December 2011 at 09:26
give me advice,if a girl is of 15 years and studing in class 9th and she got married with someone having age 22 and they made false documents even through R.T.I act like ration card, b. certificate of the girl and investigation officer is DSP and he hvnt do any thing yet. I send complaint to higher authorities about that and after that they produce the girl before the illaqa magistrate and illaqa magistrate took the statement164(CrPC) of the girl in which she said that her life would be in danger if u send me to my parents, she wants to live with her husband,she is not under any kind of pressure while giving the statement etc.
so what should we do at this situation.....
give me some advice
if possible send me some authorities..
thankyou....
R.D.Saini
15 December 2011 at 08:52
Hello,
If a girl is minor(15 Years). Can she be able to give a
statement of 164 CRPC??
Can She take decision of her life whether to live with her parents or husband?
Thanks,
RD
Shantanu Wavhal
14 December 2011 at 20:59
Considering section 21A of HMA, 1995,
Can a petition u/s 11 [void marriage, as per sec. 5 (i)] of HMA can be transferred by respondant to a different District court (same state - Maharashtra) ?
If yes, on what grounds ??
PS : Sec. 21A does not mention anything about transerring petitions u/s 11. (only sec. 10 & 13 are discussed)
Kindly enlighten ...
===========================================================================
5. Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following condition are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage
===========================================================================
21A Power to transfer petitions in certain cases
(1) Where-
(a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub section (1) applies
(a) If the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court.
(b) if the petitions are presented to different District Courts, the petition presented later shall be transferred to the District Courts in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented.
(3) In a case where clauses (b) of sub section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the District Court in which the later petition has been presented to the District Court in which the earlier petition is pending shall exercise its powers to transfer such later petiton as if it had been empowered so to do under the said Code.
COMMENTS
Where the lady is poor, feeling hard to attend divorce proceeding and also her life in danger, it was taken to be a fit case for the transfer of the proceedings.-Heere Tripathi V. N.P. Tripathi 1993 (1)DMC115
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Divorce
Can someone help me,how can a christian woman get divorce,if marriage is not consumated after 2 years.Never had any sexual relationship.stayed with the husband for one year now staying seperately ,not earning,please advise which law and section will be applicable