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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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P.Parthasarathi   11 November 2011 at 11:14

Divorce

Sir,
My client, a woman, was married to her husband in 1984, they lived together till 2001, when they were separated. The husband tortured the wife every day during the entire period and my client being a woman from a reputed family, did not take the matter to court to save the family honor, and instead, tolerated. In 2001, the husband left her and she started living with her parents, along with two children, daughter aged 15 and son 10 and brought them up by herself. Not a penny was given by her estranged husband nor did he ever visited her or met the children or her. No divorce case was filed till now. Now she wants the marriage to be annulled, as desired also by her children and ripe old parents. What sub-section/sections of sec. 13(1) of the Hindu Marrige Act will be suitable to file a petition seeking annulment of the marriage? Except her parents and the then minor children she has no other witnesses to confirm the torture meted out to her by her husband. The daughter is now married off and son an Enginer--they are 25 and 20 years old.

minaxi   11 November 2011 at 11:11

Maintenance

Sir,my sister's husband has filed a case against her about her berth certificate.actually my sister has two birth dates in record.she has filed a case against her husband the cause is he was asking for money and make harass every day with his with his parents./now they have put a condition against us that to take back the case of 498 then they will not complain against us.My sister born a my maternal uncle's home(Maharashtra) on 14th august and my father make her birth certificate of 22nd august in the same year at ahmedabad.Now the problem is that we have used 22nd August date in each certificate of her education L.C.The police told us that you have not misused the documents but you have used the false documents.So,we will file complain against You.
So PLS kindly provide me a solution of this matter and guide me.

Anonymous   10 November 2011 at 23:42

Suit re-open

Dear sir, I request you to plz advice me that if somebody has filed Divorce declaration suit in 2005 and withdraw the same in the middle of the case. Now in 2011 he wants to re-open it. My question is whether there is any possibilities to re-open??
Plz reply thanks a lot..

Anonymous   10 November 2011 at 23:36

Party in person

Can family court judge harass a party in person with teasing remarks.. such as "you have to purchase peace otherwise you will become pieces"

on every hearing the judge pass over the matter and calls as a last case at the end of the day making the husband loose leaves in the employment,

and further the judge is not entertaining any interlocutory application of husband and not even ordering notice in the IA filed by him.

what is the remedy, can the same be used for trasnferring the case to a different court. husband feels indirect pressure to compromise the matter.

Anonymous   10 November 2011 at 20:38

After proof affidavit whats next

After proof affidavit is filed will the family court in chennai take an examination in chief from the party who filed proof affidavit or will the opposite party will be directly asked to cross.

Proof affidavit filed in english language.

Please answer. thanks.

Anonymous   10 November 2011 at 20:13

Declaration suit

Hello all,
I want to ask that if a person is seperated and divorce by way of customary way on stamp paper agreement before 6 years as per custom prevailing in his community(Christian-Gujarat). Now this person wants to go for declaration suit for divorce under Bare Act code of civil procedure 1809 rule 1 order 32A which covers HMA and SMA.So is this the right suit for declaration??
Please advice for the declaration suit only..Thank you

Anonymous   10 November 2011 at 18:16

Live in relations

I WANT TO KNOW WHICH SECTION OF DV ACT DEAL WITH MAINTENANCE OF PARTNER LIVING IN LIVE IN RELATION.BOTH PARTIES ARE ENTITLED OR ONLY WIFE IS ENTITLED.PLS EXPLAIN

Anonymous   10 November 2011 at 18:07

Live in relations

My questions are regarding live in relations-

Jurisdiction of the High Court?

1) is there any other alternate remedy before filing a petition?

2) is a live-in relation at par with marriage?

3) is a live-in partner a dependent under section 125 of code of criminal procedure?

4) can a child born out of live-in relationship enjoy right to ancestral property?

5) can a living in partner be included as a legal heir in their respective personal laws?

Anonymous   10 November 2011 at 17:41

Registration of marriage

a marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.WHAT IS WRITTEN ABOVE IS RIGHT OR WRONG RAHRDING HINDUS SPECIALLY.

Anonymous   10 November 2011 at 17:17

Query related to video proofs showing extra marital things of husband

Wife is having the video proof to show her husband's illegal contact and filed a DV case in related to it.

1) How does the arguments proceed in court on this?

If husband denies and wife shows extra proofs to support her claim then

2) how it will treated by the court? and what kind of judgements will be expected?