Narayan Saraf
19 October 2011 at 16:36
my family & my in laws are pressurising me to give me consent for wrong declaration that i & my wife are staying seprately from so & so date...(earlier dates)...which is wrong...they are doing so to get divorce at earliest...if we do so is this not a crime & what can be consequence if this matter comes into highlight in court that both the party gave wrong statement...
Anonymous
19 October 2011 at 16:20
Dear Sir
If any wife earn higher income then husband and she file maintenance petition how to appose this. Any judgement are available for this case?
Narayan Saraf
19 October 2011 at 15:12
can any one advise me if i & my wife started living seprately from 03rd september, 2011 than by what time i can submit my petition for divorce under sec 28 and its sub section of special marriage act....
Anonymous
19 October 2011 at 11:56
Under Domestic violence Act, a magistrate can ask for registration of criminal case under 498, if woman is married.Is it true ??
What if the woman concerned is an unmarried sister, and culprits are brother and his wife ????Can magistrate order criminal proceedings and under which section ???
Raj
19 October 2011 at 08:55
Hello Experts,
My wife has made an FIR against me u/s 498a and 406 at bahadurgarh, haryana, police station. All the incidents which she has mentioned has been occurred at my place, which at Delhi.
Due to political pressure on police at bahadurgarh they are not working according to the law and I feel harrassed.
I go to the police station and they do not arrest me and asking me to settle the issue at a huge amount illegally.
1) Can anybody let me know that whether FIR can be transferred at Delhi?
2) if yes, than whome should I approach?
3) Whether such FIR can be quashed?
Narayan Saraf
18 October 2011 at 19:53
AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954
6. In the Special Marriage Act, 1954 (hereafter in this Chapter referred to as the Special
Marriage Act), in section 28, in sub-section (2), for the words, brackets and figure “On the
motion of both the parties made not earlier than six months after the date of the presentation
of the petition referred to in sub-section (1) and not later than eighteen months after the said
date, if the petition is not withdrawn in the meantime” the words, brackets and figure "Upon
receipt of a petition under sub-section (1)" shall be substituted.
7. After section 28 of the Special Marriage Act, the following sections shall be inserted,
namely:—
‘28A. (1) A petition for the dissolution of marriage by a decree of divorce may be
presented to the district court by either party to a marriage [whether solemnized before
or after the commencement of the Marriage Laws (Amendment) Act, 2010] on the
ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the
marriage to have broken down irretrievably unless it is satisfied that the parties to the
marriage have lived apart for a continuous period of not less than three years immediately
preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence, as to the fact mentioned in subsection
(2), then, unless it is satisfied on all the evidence that the marriage has not
broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree
of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for
which the parties to a marriage have lived apart has been continuous, no account shall
be taken of any one period (not exceeding three months in all) during which the parties
resumed living with each other, but no other period during which the parties lived with each
other shall count as part of the period for which the parties to the marriage lived apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be
treated as living apart unless they are living with each other in the same household,
and reference in this section to the parties to a marriage living with each other shall be
construed as reference to their living with each other in the same household.
Narayan Saraf
18 October 2011 at 19:43
what is difference between sec 13b with sec 14 of hindu marriage act with sec 28 of special marriage act...? when second motion is pass in special marriage act ? after six months of 1st motion or 1 year after 1st motion ?
Narayan Saraf
18 October 2011 at 18:28
we got married under special marriage act on 15.03.2011 and ceremony of marraige as per hindu law took place on 06.05.2011, now on 03.09.2011 my wife went to her mothers house and now asking divorce. if we go through mutual consent than by what earliest time and method too we can get decree of divorce.
by the way i didnt want to give her divorce but as mistake is done by my part my family is afraid of sec 498 & all....& so..they want to settle method mutualy....
sonu sharma
18 October 2011 at 16:57
Respected Sir/madam
A girl is married in Hissar.
she is now Pregnent. just one year is completed. Husband is working outside Haryana (At Orissa). Father of Boy Falsely take confidence of the Girl's Parents that we will soon transfered the boy to orissa to haryana. They said that Boy is 10+2 and shows a mark sheet of BA. they says he is a super wiser in co.
But he and his family gives menral torture to girl. The girl is studying in M.Com Final Year. They forced yer to do Job. and indirectly asks for Dowery. Now the parents of girl will informed by some people that the boy is now educated only 5the pass and not a superviser, just a peon there. The girl is living at mother's Home. so Tell me what is solution
Is that she has to filled a FIR
Maint. u/s 125 C.R.P.C.
DOMESTIIC VIOLENCE AND DOWERY
OR SHE HAVE TO GO TO WOMEN CELL
WHAT ARE THE REMEDIES AVAILABE TO HER
SHE DOES NOT WANTS TO GO WITH HUSBAND
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Divorce
is it mandatory to live apart for atleast one year to get divorce under sec 28 of special marriage act... even if we both file joint petition before one year ..