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Victor   30 September 2011 at 10:23

Divorce against dv

Husband petitioned OP in family court & is still looking for wife to appear since 2 years. Judge asked fresh order.

Wife fresh complaint in DV looking for residence order in Magistrate court.

Can Magistrate grant the orders in favour of wife?

Anonymous   30 September 2011 at 07:55

Submission of medical paper through registered post

My client is leaving in gwalior and her case is proceeding in Bhopal. Some time she is ill and unable to attend the court of Bhopal.

My Question is this, She can send medical papers with application by registered post to the related court, with full particulars of case No. and related respected Judge's name?

MuthuSankaraNarayanan   29 September 2011 at 19:24

Reg : divorced , but whether first marriage child will have property rights?

Respected Sir,

I got married by May, 1995. I delivered a child by Jan 1996. My Husband's Mother pulled the child off from my Hands by force by 8 days ie by Feb 8th, 1996 from the delivery because my Husband is not having job and I have to work for them.

I worked for all of them because My Husband had not worked upto 2000. I had given them 55 Lakhs and 10 Lakhs of My Jewels.

Then I found my Husband had mistakes of Going out by His mother. So I had not cooperated with him, I got divorce by 2006 by 3 yrs wait.

But the child I delivered is with their family.

I am Professional in IT. First time I earned 55 Lakhs. Now my earnings predicted as 65 Crores.

I am planning for my Second marriage. My Parents saving for that.

The Question I have is "Whether the first marriage child will have Property Rights?".

Because My third child is going to be from Foreign from UK.

So if the first child is also Having property rights , I need to work more and save for both. Otherwise, only for my third son , I have to.

As per the Divorce Statement , it is told, only Blood relations. No property rights.

But is there any chance in Hindu Marriage Law?. Whether my First Son sue me for property?. or Can He ask?.

Please answer .

Member (Account Deleted)   29 September 2011 at 16:10

Dv & 498

Gentlemen

I filed a divorce case against my wife on very strong cruelty and desertion grounds after 2 years of separation period. My Case is in Evidence stage currently.

In order to harass me, so far my wife has filed 2 cases, 1 case for CrPc 125 in women cell claiming interim maintenance and another section 25 again for interim maintenance in the divorce court.

She is working for the past 6 years and earning almost the same as me and is more qualified than me as well.

I have already been paying Rs. 5000 for my child school fees for the past 2 years into my wife's bank account.

I have 2 questions:


1) Since my wife is not interested in giving the divorce and is immensely revengeful in nature, she has already filed 2 maintenance cases as mentioned above which I am sure will be dismissed.

CAN SHE FILE FALSE DV CASE AND MISUSE 498 CASE AGAINST ME AND MY FAMILY EVEN THOUGH WE ARE SEPARATED FOR 2 YEARS NOW?


2) As my wife threatened me that she will never give the divorce under any circumstances, and as per her desires, Can she linger on the Divorce case for years as she has planned....?

Kindly give me the best advise to conclude my case early.

Anonymous   29 September 2011 at 15:48

Maintenance on adulterous woman

Does Maintenance stops to divorced women, when found guilt under adultery?

Anonymous   29 September 2011 at 08:46

Family law

My client is belongs to gwalior his marriage is conducted in Ujjain where his husband was living with his family members.

Due to major family crises my client registered 498A case against his husband with his family members in may 2009 in ujjain and come back to her native palce i.e. Gwalior. In Gwalior she has been filed the divorce case, section 406 and section 125 case against her husband in may 2009.

But her husband is also file the section 9 case against her in july 2009 in Ujjain.

My client not attend the court due to this one side decree was passed. After that 9(13) was opened and after resolution reopen the section 9 in ujjain on 20/08/11. In the same time in the Gwalior the decree for divorce is passed in favour of my client in sep 29/09/11. My question is that, after the decree of divorce section 9 is valuable or not? We should attaen the ujjain court or not for section 9?

jagdish   28 September 2011 at 17:45

There is any requirement to take divorce

I HAD FILED HYBUS CORPUS PETTATION IN HIGH - COURT & THE JUDGMENT AS PER BELOW.

) Respondent no 7 is present before us. we have interviewed her in chambers. she is dispututing the claim of the petitioner that she is lawfully married the petitioner,as stated in the petition.

4) it is not necessarry for us to examine the contentious issues betwwen the parties, since it is habeas corpus petition, and respodent no. 7 has appeared before us, who asserts that she is not married to the pettioner, coupledwith the fact that she has no intention to have any kind of relation with the pettioner - much less to go along with him, we cannot force her to do so, the pettioner would be free to take recourse to such other remedy as may be permissible in law on the basis of his asseration that he is lawfully married to respondent no. 7. all question in that behalf are left open, to be decided on merits.


AT THE TIME FILING CASE I HAD PROVIDED TEMPLE CERTIFICATE, MARRIAGE PHOTOS, SIGN AFFIDAVIT BY BOTH PARTYS.IS THERE ANY RISK IN FUTURE WITHAOUT TAKING DIVORCE.

NOW GIRLS FAMYLY ALREADY ARRANGE HER MARRIAGE & THEY FEEL THAT THEY ARE FREE AFTER THIS CAE & NOW IF I SEND THEM DIVORCE NOTICE THE SITUATION WILL BE CRITICAL & THEY MAY BE DO ANYTHING TO ME.

I HAD GET DIFFERNT OPINION SOME PERSON SUGGEST ME TO TAKE DIVORCE & OTHER PERSON TOLD ME THERE IS NO NEED TO TAKE DIVORCE. MY LAWYERS EVEN TOLD ME TO TAKE DIVORCED.

PLEASE ADVISE,I HAVE TO PAY MAINTAINCE, IF I AM FILING DIVORCE CASE.

Anonymous   28 September 2011 at 17:11

What is family trust

i would like to know that is it fair to do a family trust in which all the land in the village should be made in our family name and trust. what are the merit and demerit of the family trust

Lalit.......   28 September 2011 at 14:46

Dv act

Hi,

If the Magistrate grant maintenance and residence order under DV Act and then the recourse is to file appeal in session court.

Mt query is that during the pendency of matter/case before session court, do the husband needs to pay maintenance to wife and to obey the residence order or it will be defer till the conclusion of matter in session court.

Thanks in Advance.

xxx   28 September 2011 at 10:33

Please advice

My case of child's custody, access and divorce is put up in Bandra family court, Mumbai.
At present, custody of my 5 year old child is with me.
My husband's lawyer is Advocate Mrunalini Deshmukh. She is very aggressive and influensive.
Can you please suggest me few good lawyers who would be equally competitive to Advocate Deshmukh and would give a good fight in the court.