Member (Account Deleted)
25 July 2018 at 16:48
A Hindu married couple may not need to wait six months for a separation order in case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on September 12, 2017, held that the "cooling off" period is not mandatory and can be waived off.
However it doesnt exists on ground level as the Mediation centre experts in High Court have different opinion and the Lawyers practising there too.
In my case both parties are ready for dissolving marriage, but Lawyers & mediation Centre says it wont be granted before the given date in Nov.But this is hindering my Job as my Company would be sending me abroad for long term and I wont be able to travel back(spending Lakhs of money on round trip to India) just for this Divorce proceeding after paying hefty amount of Streedhan in False Dowry case.Is there any possibility of granting divorce well in advance to Greedy bride or the Honourable Court also listens to plea of groom's side and can give later dates 3-4 months beyond decided date.
chittaranjan
24 July 2018 at 19:07
Could anyone kindly answer
Whether divorce can be obtained by agreement through mutual consent outside court in India (Hindu marriage act)? and
Can anyone please send a sample draft for divorce by mutual consent, they having a son about 16 yrs staying with his mother permanently for last 10 yrs as for Hindu marriage act ?
Shreya
23 July 2018 at 23:17
My case is going on since January 2017 and this July 2018, my husband has been declared Ex-parte. Next date to close the evidence given by court is 30 November which is too long, as my case is pending more than a year. Please suggest. Can I give any case reference in the court with the request application to prepone my divorce orders. Or is there any other way out?
Prettypriya
22 July 2018 at 21:20
Can i marry my mother's sister's daughter's son in indai
Imtiyaz Hussain
21 July 2018 at 22:01
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP. Thanks
Imtiyaz Hussain
21 July 2018 at 21:38
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP.
Thanks
Ganga
20 July 2018 at 14:17
My husband has been harassing me and beating me hence i have filed a DVA case. I have not asked for divorce but have filed for maintenance. After marriage we were staying in a rented flat as the native house if far from our work place. I am from Goa. since last one year after i filed an FIR against him for beating me my husband has left the rented flat and is living with his parents. We have been married for 5 years and we have one son who is 4 years old. My husband from the beginning has never been there for me neither our child. He was only after his parents and niece. He has a sister who has left her husband and is residing in her parents house along with her daughter. His sister and mother had also been ill treating me and my husband took unnecessary doubts on me on his own assumptions and tortured me. He was never contributing anything towards the child's expenses nor mine. The rent was also paid by me. Now he has been asking for the child's custody from court by declaring that i am incompetent to look after my child. Its been a year since he has moved out of the flat and he has just made an attempt to meet his child 3-4 times. He has been enjoying his life outside. He also had relations with other women. can you help me with regards to my child's sole custody to be given to me? I have been doing everything by my self for my child, his education, health, clothing everything.can he get the custody through court?
dilip
19 July 2018 at 13:21
I have received the judgement copy and decree for the mutual divorce applied for, however i have received 3 copies and all of them are true copy, none of them is original. Where do i get the original copy of the decree ? Also in the decree it is just the order that marriage is dissolved and consent terms. Where do i get the original copies as it is stated that if original is not collected then it will be destroyed. ?
Chand Singhania
19 July 2018 at 12:27
Is it mandatory for both the parties to be present in court on the day of decree to be given for contested divorce. Last day judge heard from both parties and both of the party agreed to all terms.
Due to time constraint last day i.e 29.06.2018, judge could not give the decree and given a next date of 26.07.2018.
On this 26.07.2018, is it necessary for both bride and groom party to be present?? Or the judge will give the decree if the lawyers of both parties be present??
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Legal aid to poor and disabled person by district legal aid
Respected expert client is from Chennai.
If possible read his story in his own word and suggest proper way how to proceed further.
" I am retired person having only pension as source of income. I am hearing impaired disable person i want to file my own case at Chennai family court? I have spine operation due to which i am unable to attain court proceeding personally? How can my statement recorded in court? POA holder or attorney from legal aid cell? who can help me?"
I would be grateful if expert give two words.
Thanks in advance
Adv. Pawar