Nitin Gupta
08 August 2011 at 17:43
A (Woman) got married to B (Man)in July 2000. A files divorce petition within one year on the ground of nullity (due to impotency of B). She got decree of divorce on 15.03.2004 (Ex-party) from District court. B files appeal against the decree (ex-party) in High Court on 19.04.2004. But no notice or summon was ever issued of this appeal to A. However, a summon was received by A on 18.11.2004 for an application move by B for stay against execution filed by A for payment of Maintenance ordered by lower court. A got remarried on 30.01.2005. The appeal was admitted in Jan 2008 after B had paid the full amount of maintenance to A. The appeal got dismissed in Jan 2009 in default. B moved an application for restoration of appeal and same was allowed in Aug 2009. The appeal again got dismissed on 03.03.2011 in default and for non prosecution. B again moved an application for restoration, the same was allowed again in May 2011 but with the penalty of Rs 5000. Now, the case is listed for final hearing.
It is requested to advise and pls clarify:
(a) What is the time period for appeal against decree of divorce in HC under HMA,
(b) The waiting period after divorce for remarriage,
(c) Is filing appeal in itself is a stay against remarriage,
(d) What will be the future of A, who is remarried and living happily for about 6 and a half year with a child born out of this wedlock?
Anonymous
08 August 2011 at 16:01
Dear All,
what is procedure of transfer of case from one state to other in family matter?
We have applied for set aside order & we got number, so can we immidiately apply for state transfer in suprime court or after set aside the order?
Thanks in advance for your reply.
sandeep sangwan
08 August 2011 at 15:26
Dear expert, i had a query in my mind -
*B the boy (of 7 years aged) and G the girl (of 6 years aged) gets married through there parents consents(child marriage),later on after 10 years of such marriage the boy feel's that he is in love with some one else, now he wants to get divorce/nullified the marriage, but the girl don't want the same. plz tell me how's he can do so.
*If u suggest U/S 12(1)B - no it's not applicable b'cos B apply only when consent U/S 5(ii), party gives consent is not in position to gives a valid consent due to unsoundness of mind, mental disorder, attacks of insanity.
*If u suggest U/S 12(1)C - not apply, it's applicable only when consent gets through force or fraud.
*If u suggest U/S 13(2)iv - is not applicable b'cos it is only for wife.
* OR there is no such provision for Husband(man) in the act. Plz help me to solve this.
*Is there is any provision under which any party in such kind of marriage get divorce, with in 2 years after attaining the majority.
sandeep sangwan
08 August 2011 at 15:22
Dear expert, i had a query in my mind -
*B the boy (of 7 years aged) and G the girl (of 6 years aged) gets married through there parents consents(child marriage),later on after 10 years of such marriage the boy feel's that he is in love with some one else, now he wants to get divorce/nullified the marriage, but the girl don't want the same. plz tell me how's he can do so.
*If u suggest U/S 12(1)B,C - no it's not applicable b'cos B apply only when consent U/S 5(ii), party gives consent is not in position to gives a valid consent due to unsoundness of mind, mental disorder, attacks of insanity.
*If u suggest U/S 13(2)iv - is not applicable b'cos it is only for wife.
* OR there is no such provision for Husband(man) in the act. Plz help me to solve this.
*Is there is any provision under which any party in such kind of marriage get divorce, with in 2 years after attaining the majority.
Anonymous
08 August 2011 at 13:13
Respected Experts
i have filed first sec 9 then my wife filed sec 125
in sec 125 her father and herself evidance has complete now her adv.want to know salary details from court.
i m employee of private company.
Can court summon the order for salary details from my company.
judge say me orraly that u should own provide the salary details in next hearing.
CS Sandip
08 August 2011 at 10:55
Dear Sir/s,
One man having 3 sons aged more than 21 yrs (all r married).
Surviving father having land 3 acres and out of this he kept with him 1 acre and remaining 2 acres distributed among them.
Can they or they have right to demand to distribute that 1 acre land among all during his survival/ before death?
Take into consideration that father n mother living with one son and other two demanding to distribute that 1 acre, even they r not taking care of their father n mother.
Ur early reply solicited.
Anonymous
08 August 2011 at 06:32
Of late we have seen many individuals both males and to a lesser extent females are seeking divorce (for convenience) from foreign courts from the place where they are residing although still Indian Citizens.Most of them you have seen are ex parte decrees.
It is creating lots of hardship/suffering to the victim of this practice and in many cases they are helpless.
Is there any way the Supreme Court or the Indian Government ask the foreign courts or Heads of those countries not to entertain such divorce applications, when they are not citizens of that country.Or can the United Nations take up this issue for the benefit of the Family.
Thank you in the interest of the sanctity of marriage and family bond.
Anonymous
08 August 2011 at 03:53
1. my wife wants divorce. i dont want to give.
2. she has left me without any reason and she practically dont have any grounds for filing divorce case against me( even if she gets any ground, she cant prove it though )
3. she wants a mutual divorce. am hesitating for that.
4 its been more than 3 months now, that we, both parties dint come to a solution , that is acceptable for both of us.
5. though i have signed vakalat and other two green sheets, as of today, no case has been put in the court on my behalf.
6. now , after 3 months, my lawyer wants me to give mutual divorce to her . he is saying, he can apply the case,on my behalf with those documents , i signed to him.
7. he has changed sides and says that he can get me divorce, even without knowing to me.
8 i am not ready to give her divorce at any cost. am afraid , my lawyer would apply on my behalf.
9. how can i know, if he had already filed the case??
10. if no case is filed in the court, how to change the lawyer? am sure , he will not give me NOC . so what to do now? will it be enough to send a notice to him?
11. taking action this lawyer is secondary to me. i want to get rid of this lawyer. thats all. i dont want her to get divorce from me. thats my primary wish.
12 . so pls tell me what should i do , in this situation.
Anonymous
08 August 2011 at 00:49
My brother is an NRI, settled in UK since last 16 years. Three months back he visited India on his vacations for 20 days. My uncles with whom we are fighting several cases on land and property, knowing the fact of my brothers visit after three years in India, Lodged a false police complaint against him along with my father and my two brothers.
Police understanding the motive of my uncles, cleared my brothers name from the complaint and forwarded the case to the SDO u/s 107 against my father and my two brothers.
Since there is lots of things written on the news papers also regarding the matter which effect the repo in the society also.
My brother returned UK after few days of filling such false case against him.
Could you please let me know-
1. Can we file Damage & Defamation case against my uncles for such false case against my NRI brother.
2. If yes where we need to file such case ?
at the District were my Uncles lodge police complaint or in our district or at UK ?
3. Will my brother need to visit India to file the DD case or any other alternative is there so that he need not to visit India.
4. what other best alternative available with us so that next time no one would dare to lodge such false police complaint against him in his next visit to India.
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Jewellery
Dear Sir,
Almost 3 year has been passed for my marriage and some jewellery is with my wife which is prepared at the time of marriage and rest is with me but now my wife asked all jewellery which is with me and she want to keep all jewellery with her only and we have some dispute between me and wife also so due to that reason i want to take precaution to avoid any allegation in future so please suggest any legal way for giving the same to her.