Anonymous
16 August 2011 at 15:16
Hi,
This is in continuation of my previous question regarding the inpounding of passport of my husband.Thank you for reply but if you could reply few questions.
My questions are -
1.Can he still live and work in Australia even his passport is imponded.Before his passport was impounded he took ex parte divorce from australia.
2.as you said that i have to pray to court so that he may be called through MEA with the help of Australian embassy in India ,but for this do i have to file a fresh case for this in family court or i mean how should i go about it.
could you pls explain in detail the procedure as i am in great distress from past more than 3 years.
I have also filed a case in Delhi high court against MEA in regard to his extradition but the hearing is pending.
Thank you in advance.
Rajib dey
16 August 2011 at 13:26
Hi,
Pls. refer JUDGEMENT, ACT & Rules….
If the husband get a decree of divorce on 20-3-2011 than the appeal period for 90 days stands to 20-06-2011.
After getting divorce he wait for 3 months and then remarry on 28-06-2011 i.e. after 7 days of crossing the appeal period.
But on 02-06-2011 the 1st wife gone to High Court and submitted an Appeal Petition and also a petition for stay order on the decree of divorce which was admitted/ accepted by the High Court.
The husband after 2nd Marriage gets the notice on 5-07-2011 i.e. after 7 days of 2nd marriage and 15 days from crossing the last date of appeal.
Now question is that: -
1. The husband wait for 90 days from the date of getting a decree of divorce from Family Court than he goes for 2nd marriage but did not get the High Court notice in time. Whether the 2nd marriage is legal or void?
2. Whether the 2nd marriage is a punishable offence for the Husband?
3. and if so, under which Rule/ Act/ Judgments so that the husband could be punished ?
4. or under which Rule/ Act/ Judgments the husband may be exempted form the charges for availing the gap period for 2nd marriage between the last date of appeal and getting a notice from the High Court ?
Pls suggest with Rules, Reference Judgments and Act.
Rajeev Dey, Assam
Anonymous
16 August 2011 at 12:29
Wife staying separated for a year or more. Have a 2 year old child. both working. planning for mutual divorce. Income of wife around 50K and mine 80K. what could be possible and reasonable child maintenance amount?
Knowledge Gainer
16 August 2011 at 10:39
Wife filed case for divorce on the ground of cruelty. After one year she is no able to prove allegations hence she want to return. What precaution should respondent husband take before accepting back?
Anonymous
16 August 2011 at 01:24
Dear Experts,
My wife is staying away for more than 15months. She left our home to write exams. But now she suspects me of doing some black-magic on their family. Our only son, 6 years old is staying with me. When I approached her last time to get her back, she complained in CAW cell. She has become a Brahma kumaris follower under influence from her mother and younger married sister. I am unable to talk to her over phone. She does not maintain a phone and when I /or my son try to call her mother's phone or sister's phone, they say that my wife is not interested to talk to me and our son.
Recently her maternal uncle approached her personally and advised her to at-least talk to the son on phone. But she seemed to have refused and answered quite bluntly to "take the son with them if they are so much concerned about the kid". she is not interested to interact with the kid even on phone. My wife is brain washed by her mother and sister to believe that our son is possessed with an evil spirit.
Our son is badly waiting for the mother and he is quite attached to me.
Now, my question is: Can I approach a police / court to facilitate the communication between mother and our son?
Can I ask for an order to make her meet him at regular intervals? Does the child has any "right" to access the mother? I have never harassed my wife. I never talked bad about her in front of my kid even after she deserted me.
Kindly let me know if there is a way.
Kunwar Mohd Asad
15 August 2011 at 15:24
If a hindu person had a child (Male) from his first wife and his wife got expired leaving behind that child.
That person married secondly and blessed with two children (Both male) with his second wife.
PROPERTY IS ANCESTRAL PROPERTY
How property will be distributed among three children?
Anonymous
15 August 2011 at 13:09
Hello,
please advice for the following:
1.) Fir Lodged and obtained AB. Case is under investigation. Its now 5 months that police have not come for punchnama as the opposite party is delaying purposely. Police says that they are waiting for opposite party to come along for punchnama. Hence chargesheet is not filed since 5 months from the date of AB.
2.) Please advice for making police to file chargesheet and take case ahead.
3.) Can I file RTI under sec 7 (1) to State information commision, Police and State Public Prosecutor. Will it help in anyways to make police file chargesheet or it can backfire. Please advice.
4.) Can without opposite party, police perform their investigation and file chargesheet ?
5.) Can I make an application to concerned court ( M M )for filing of chargesheet as it is now 5 months from date of AB.
6.) In RTI, can i ask for evidence like bills of ornaments, income tax return, their residential proof as they stay on rent, bills of marriage expense as we had spend for marriage expenses as these information won't affect their investigation.
7.) How much time it takes for RTI reply from SIC, SPP, Police.
Your advice will be highly appreciated.
Knowledge Gainer
15 August 2011 at 12:20
In a divorce case filed by the petitioner wife, she has demanded relief as under:
1. dissolve present marriage on the ground of cruelty.
2. Monthly maintenance till her second marriage.
3. Alimoney for defamation.
4. Any other suitable order as the Court may grant.
She has not demanded interim maintenance and the Court has not passed any order related to it.
Now after one year of case can wife demand interim maintenance while in original petition she has not?
Wife has admited in her petition that she is job at mulund. In this senario wife is eligible for maintenance or interim maintenance? Wife is Commerce graduate with 68% and doing CA course. She has appeared for the CA exam also. She is well qualified.
Can the Judge now Suo motto pass order for maintenance?
Now can wife file case u/s 125 of the CRPC Act demanding maintenance?
vital
15 August 2011 at 10:13
Hello Sir,
I have been cheated and am being abused mentally, physically. I was married 4 yrs ago in US in a Hindu temple. We paid large amount towards dowry.I realize that his family carried out a nice drama for the sake of money, and their plan is to get rid of me now, as his studies are done and he is in a decent job now. He creates a situation and abuses me, and clearly pushing me towards running away from him, but speaking out sweetly.
I am tired of his tricks to make me run away on my own. I really want to go away from him. But I want to see that other girls donot get cheated by this family again, like me. His family and some friends were involved in the drama. How can I bring them to justice in India ? Under what sections can I recover the large money we paid to them ? I belong to Visakhapatnam in India, Would highly appreciate if I can get a good advice from learned lawyers.
vital
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