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
Anonymous
14 December 2011 at 19:16
Sir/ madam
I got divorce one year ago due to some reason we have son who is living with his father (my X husband). Our parents (both families) now force both of us to marriage again for the son. I am agree but my x husband does not agree. He is right all fault was my. Now I am realizing I have done lot of wrong things in my life. My x husband said to my parent that he can accept me but without remarriage and also wants a written agreement that I am living along with him without any force his meaning is that living relationship. Now what should I do? Is it not risky? If I accept living relationship, what will be my future? In written agreement can I make some point so that I can make my future safe.
Thaking you
Pankaj
14 December 2011 at 18:40
Sir , if wife quarells everyday day with husband and husband slaps her in anger.
then Can wife go to court for that and what action police will take?
Anonymous
14 December 2011 at 15:44
Dear Sir,
I am seeking your urgent advise pl.
My marriage was solomanise in 2004 at maharashtra.
I am working in a govt. organisation at in other state.
My wife was not happy with this marriage with unknown reasons.
She files cases in her fathers location in maharashtra U/s
a) 498a, 406 - on 21-06-2006 against me and whole my family members,this case has been transfer in my state.
b) 405, 406 in JMFC -- on 21-06-2006--- case dismissed in June 2011 by magistrate due to not attanding by my wife from 2006.
c) U/s 125 -on 21-06-2006 - at JMFC - order at Rs. 1500/- in dec. 2008- i am paying by D.D in favur of Court.
d) Section - 18 of HAMA - on 3-07-2006- at JMFC - at cross examination to me stage. whether the JMFC has power to take care this case?
e) Section-9 of HMA- restitution of conjugal rights- in her district, Sr. Division. - still notice not received to me.
Pl. suggest me.
1) can sec-18 be run with JMFC - i have filed a application for jurisdiction power is with Sr. Dvisision- dismissed by the JMFC.
2) can two maintenance be run simultaneously or only one of them.
3) I want to take divorce from my wife. what should i do? whether fight sec-9 or do file divorce petition , and where?
4) if i file divorce petition in my state than what is the chances that the application be transferred in maharashtra.
5) she don't want to come with me and don't want to leave me. because i am serving in govt. organisation.
6) Recently i came to know that she is doing service some where, what should i do?
7) what are the other scopes for file some csaes against her or her family members or any other thing which can take them to come for compromise and take divorce.
Please give me your valuable suggestions.
Reagrds,
ad.
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Near divorce
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.