Advocate Abhijeet singh
31 August 2011 at 11:21
respected sir
tell me if a couple has been lived seprately seprate means wife at her mother home since last 3 years . if husband suit / filed divorce case then is wife can file 498a or not
Anonymous
31 August 2011 at 11:17
sir,
need valuable guidence from this forum.
situation - divorce case (u/s 13 of HMA) filed by husband in jan 2011 on his wife. wife has accepted the divorce in her application to honourable court. the case is staged at BAHAS (of advocates). verdict from court expected in next 10 days.
the question is
1. on the custody of child (06 years boy) - as to who (husband or wife) who will have custodial rights on the child - here pls note that husband has not yet made a claim on the child.
2. if in case the custody of the child is with mother, then is the husband (father of child) supposed to pay for the child's maintenance and if so on what basis this precedent will be set by the honourable court.
3. in this situation/standstill, can the husband ask for the custody of the child, if so under what rule and is there a age limit of the child to effect the decision by the honourable court.
kindly advise, looking forward to have guidence.
thanks again.
Anonymous
31 August 2011 at 10:51
My frnd's wife has gone to her parents home 4 months ago. Now she doesnt want to come to her husband's home because her parents married her in very low family. Now can my frnd divorce her? She is ready and doesnt want anything from her husband. They married in May 2010. Kindly guide me.
Anonymous
30 August 2011 at 23:41
dear members,
i need ur advice...
i bought a property for 2 cr ,that property belonged to suneel verma, who died and left a registered will in favour of his wife sunita verma, he also left behind 3 daughters and one son but he bequeathed all his property in favour of his wife through a registered will. the will was registered in year 1985.
Then all the children gave NOC in DDA for the mutation in name of the wife, and subsequently property was converted in freehold and then conveyance deed was executed in favour of wife and wife became the sole owner of property, i purchsed the proeprty from his wife thru a reg. sale deed in 2010.
but now one of the daughters have filed a partition suit in the court in 2011 and obtained an exparte status quo order on my property, and she had taken the plea that the NOC was not given by her , she only signed blank stamp papers and her mother converted them in to NOC , however she has admitted that she signed that stamp paper giving NOC,
the partition suit has been filed by the daughter only in respect of this property,
kindly suggest that can this stay order be vacated?
please quote relevant cases if possible
please note that will has not been probated as there is no requirement of probate in delhi....
Anonymous
30 August 2011 at 16:11
A (Woman) got divorce from B (man) in March 2004 on the ground of nullity as B was impotent. The decree was ex-parte because B’s defence was struck off as he has not paid the maintenance amount to A ordered by the trial court. B filed an appeal in high court against ex-parte decree in April 2004 which was admitted in Feb 2008. The appeal was admitted only after B paid the full maintenance amount to A in Dec 2007. A did not received any summon or notice of the appeal as it was never served, however she received a summon in Nov 2004 on stay application filed by B against execution filed by A. The appeal got dismissed in Jan 2009 in default and restored in April 2009. Again appeal got dismissed in default and for non prosecution in March 2011 and then again restored in April 2011. the same is pending for final hearing in high court.
In the meanwhile A got remarried to X in Jan 2005. a child is born out of this wedlock. But, B filed an declaration suit in September 2010 in civil court for declaring marriage between A and X null and void on the ground of marrying again during pendency of appeal. The suit was dismissed in march 2011 as non maintainable on these two grounds: 1) the decree has not yet set asided, 2) the decision of high court will have precedence over findings of civil court. B filed an application for review of the said orders of civil court. Now the matter is pending for arguments.
Please advise/guide me (A):
(1) Is marriage between A and X is valid or invalid and why?
(2) Can B at this stage challenge the marriage of A and X?
(3) As per HMA, after divorce a person can marry again after 90 days, and I (A) have not received any summon or notice in that period, moreover the appeal is admitted only in Feb 2008.
(4) Is filing appeal in itself a stay against remarriage?
(5) When an appeal is termed as pending, when it is filed or when it is admitted?
(6) The limitation period for filing the declaration suit?
Anonymous
30 August 2011 at 15:28
Need a genuine and trustworthy lawyer who is expert in family / Divorce / Maintenance cases from Pune, Maharashtra.
Anonymous
30 August 2011 at 14:48
Please suggest a lawyer to prepare a living trust in chennai
rohit
30 August 2011 at 11:30
Dear Experts,
In this case, two couples got married as per christian tradition in year 2002 and their marraige was registered in church records. they have one girl child of 9-10 yrs old. 4-5 years back, man suddenly gets disappeared and left her wife & daugther alone. he was not doing any work and sitting idle in home and gets irritate when lady asked him to go for some work. Now, this lady wants divorce from this guy and living happiliy with her daugther and doing job. Can this lady can take divorce from this guy. please reply
Ashoke
29 August 2011 at 22:51
Dear Sir/Madam,
Me and my wife is from Orissa.
We are belongs to same religion and cast.
Our's was purely arranged marriage.
We got marray on Feb 2010. i.e. till now it shall be 1 year 6 month.
I am working in Bangalore in a MNC as Senior engineer since 3 and half years.
Before marriage my wife was working in Orissa since 3 years.
My qualification is MCA and my wife's is correspondence MBA.
I am 32 years old and my wife is 29 years old.
SUMMARY OF 1 YEAR AND 6 MONTHS OF MARRIAGE.
===========================================
After marriage,
1) 15 days in my native place.
2) She stayed 15 in her native place.
3) we stayed together in Bangalore for 4 months alone.
During this stay she mentally tourtured me. (Because her mother mind washed her to capture me as whole)
I slapped her once at the end of 4 months
We both went to native for my mother's ritual.
Their parents brought police to my home in native for tortore and police told to settel the matter outside.
Their parents brought her to their home.
4) She stayed for 8 months in her parents home.
5) She was doing job over their without my knowledge.
6) A dicussion was happend among their family members and ours regarding this which they wants to happen.
7) At that time all the matters as favour of us.
8) Shen again came back and we both and my father stated in Bangalore for 2 months.
9) Still her mother mind washed her. So little bit quarrel happed.
10) One day my wife drank surgical spirit from our fist-aid box and tried to do suicide. (I guessed it was suggested by her
mother. Because she knows my father was there and she can be immediately admiteed to hospital. And was also drinking very
less amount of spirit.)
11) Again Bangalore police came to hospital as the process, told to settle it down in home.
12) Their parents came to Bangalore which was also planned i know, and take her to Orissa to their home from hospital.
13) She was therir since 1 month.
14) She was now talking all the false things to me and others which was not happned at all.
15) We bothe are taling everyday, but she is forcing me to take her back to Bangaore and do the agrrement to keep her happy.
POINTS TO BE NOTE
=================
1) Me and other peoples who involved in discussion were knew that their patents having bad mentallity.
2) My wife believes their parent more than anybody in the world.
3) My wife is a big lier i have ever seen.
4) I am guessing she has some mentally unstability problem.
5) She don't have any family values and sence of taling with me.
6) Two times i faced police because of her, but she told to police not to arrest.
7) She is waring me to do legal case if i didn't sign legal aggrement and take her back to Bangalore.
8) She is also don't agree for mutual divorce also.
Kindly suggest me what to do. Each and every moment I was in affraid of being arrest.
I shall be happy to stay alone in life because i was brought up from boarding school.
But i want to be freed, not bind by any legal things.
QUESTIONS
=========
1) How can i tackle my wife, so that she shall not put any case against me?
2) If she put any case, i don't want to go to jail (may be anticipactory bail).
3) I am ready to attend hearings in court in Orissa, but want to continue my job in Bangalore.
2) I also don't want her back, because she is dangerous to me now and even shall be in future if she come back to me.
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Ex-partee
Hi
I would be thankful if you could advice me on this.
My sister was married to NRI and after that due to complications, the boy and his family left to Canada without informing us and leaving my sister behind. Before leaving, they have sent my sister to our place citing the reason that she is not keeping well.
Finally, we got ex-partee divorce and its now nearly an year of getting ex-partee. The party never appeared even after serving notices. We have boy's ex-company address as well as present company.
But I have heard that boy's family may challenge this ex-partee in high court. One year is nearly over for partee. What do you suggest could happen and what shall we do/