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Member (Account Deleted)   06 July 2011 at 10:42

Divorce Process--UGENT Advise

Dear Sir,

I have a quick question, During divorce process, and once the reconcilation fails between husband and wife, the next stage of evidence and witness starts.
IF Wife leaves the country and doesnot appear in court... Can Exparte be initiated by the Husband?

Here I am talking about my case wherein I filed for Divorce with my wife under Cruelty and desertion grounds...

Anonymous   06 July 2011 at 10:08

withdrawl of petition for judicial seperation

for some differences between husband and wife, husband applied for judicial seperation, with an intention that the family court will do counselling and bring the parties together again, since wife refusing to come for any compromise when elders requested her.
wife although received the summons did not appear in the court nor appointed an advocate to appear.
The family court granted judicial seperation ex parte.
It is more than 1 year now.
Since the judicial seperation did not serve the primary purpose for which it was sought, husband wants to withdraw the judicial seperation, and does not want to proceed to go for a divorce.
kindly help as to 1. can this judicial seperation be converted to restoration of conjugal rights or 2. should I withdraw the judicial seperation from the court. To withdraw what procedure to follow.

Anonymous   05 July 2011 at 23:03

HARRASHMENT BY BROTHER IN LAW, FATHER IN LAW AND WIFE

Dear All,

I am very nervous in life because of my family. i am from UP and i married in the yrs. 2005 in the village according to hindu culture. During the marriage my age was 19 Yrs and my wife's age is 23 Yrs. During the marriage many of the facts things is not disclosed by my father in law and his brother. they cheat with us even though when our family was not ready to marriage then they have started to blaming and forced to my parents for such marriage. after the marriage we are living seprate from each other since 7 yrs. because our "Gavna" is not happened. that was not done.

In between these yrs. when i said to my father in law to send my wife to our house then they refused with some personal reason this they do twice. due to this it takes 7 yrs.
now i m studying and working in a IT company. few yrs back i come to know that my wife have affair with a muslim guy and i found her many times with that person. when i complained about this to her family and her father then they are started blaming to me . that i m not a good guy. they are started to complaining to my parents about me that i m alcoholic, and smoker. which is not true.

then , when my parents said to send my wife to my house then the my wife she refused to live with me and his brother is supporting to her.

when i said that i want to speak with her then they are not going meet me and speak to the my wife. and my wife she is not interested to live with me. but now they are saying to take divorce but they are not coming ahead since 1 yrs. Now i dont have any legal document of marriage proof like wedding card, photo etc.
so i said to their family to go back UP to take divorce because our marriage is done in village.

but they are not agree to go back and now they are threatening to me, and when i am trying to talking then they are abusing me and my family.
but they are not coming ahead to give me divorce even i fear to know that they can file against me in police station for dowery and etc.
my brother in law and my wife are well educated and due to this they are not ready to listen any family person even they are saying that we are not going to file for divorce and we are not support to give any proof of marriage so that i can proceed ahead.

now in the my family my mother she is very old aged and no one is there to take care of her. Even i want to go for 2nd marriage.
but i m not getting divorce and any final decision from my wife.
some times i feel that my brother in law is forcing to my wife to give divorce but she is not coming ahead and due to this it take a long time and this creates tension in my parents mind . they are very much in tension. They dont want to go in the court and file for divorce even they are ready to
keep my wife.

Now i want a guide on such matters from your side:

1) I want to file for cheating against my wife , brother in law and father in law for cheating with me in marriage and doing such kind of marriage. age matters.

can i file ? if yes..how ...pls. suggest.


2) can i file against my wife and brother in law for harassment that not to take divorce and threating to us.


3) how i can file for divorce and get back my jewelery etc. because in the marriage we have given around 80000 rs. jwellery and now they are not returning it . Which cast now upto 2 lakhs rupees.


Pls. suggest how i can file my complaint and how i can take help of local police at first stage.


pls. help me i m in very tension i like to struggle in life for my future and not for such kind of future like my wife.





Anonymous   05 July 2011 at 22:42

Giving Dowry a Crime

Dear Expert,

Pls suggest me what kind of Punishment will be given for Dowry given, What is the process for getting him punished,
My cases:
Married in 2007
living seperate from last 3yrs No dowry was given at the time of marriage, Divorce case filled in 2009,
Maintances cases was filed 2008 later supressed by her
DV cases was filed on 2010
maintance cases was refilled in 2011,
Just to harresh me she is continuesly files cases and never it was been process, Making false claim there have given Dowry, What kind of cases or action i can take against them, pls guide me,,,,

Anita Singh   05 July 2011 at 19:45

family law

pls guide me Procedure to file a divorce petition and maintenance Ulhasnagar chopra court

jach000019   05 July 2011 at 15:21

what is suit for declarion and consequential relief of direction

what is the suit for declarion and consequential relief of direction

jach000019   05 July 2011 at 15:18

what is suit for declarion and consequential relief of direction

what is the suit for declarion and consequential relief of direction

badmanaban   05 July 2011 at 14:18

family law

Sir i am Hindu male of 40 years of age. when my age is ten (minor) my mother is purchased a house from her own money and registered in my name.

Actually the house is peevishly owned by my mother’s father's brother .He is no issue. He written will in favors of all three brothers. My mother is purchased two brother share in my name.. Reaming one share is my mothers fathers shares.

My mothers father written will of remaining one share to my mothers. Name Now my mother is gifted the reaming share to me through the gift deed ..

Mean time i am young not married at that time.

My brothers family was shifted to that house and my brother is also died. Now my brothers wife( widow daughter in law ) she has no issue wants that house.

All three share are registered in my Name.
E.C is also clear about 33 years.

we are four brothers residing in different houses

Now i can give notice to vacate the house

or inheritance is applicable here

Or any other way to tackle this issues

pls give suggestions

Anonymous   05 July 2011 at 14:06

family law

Sir i am Hindu male of 40 years of age. when my age is ten (minor) my mother is purchased a house from her own money and registered in my name.

Actually the house is peevishly owned by my mother’s father's brother .He is no issue. He written will in favors of all three brothers. My mother is purchased two brother share in my name.. Reaming one share is my mothers fathers shares.

My mothers father written will of remaining one share to my mothers. Name Now my mother is gifted the reaming share to me through the gift deed ..

Mean time i am young not married at that time.

My brothers family was shifted to that house and my brother is also died. Now my brothers wife( widow daughter in law ) wants that house.

All three share are registered in my Name.
E.C is also clear about 33 years.

Now i can give notice to vacate the house

Or any other way to tackle this issues


PLS SUGGEST

Anonymous   05 July 2011 at 13:36

VALIDITY OF A WILL

Does the law of estoppel have relevance to a will ?
If a will has only one witness is it valid ?
A will is signed by three persons - on at the bottom of the left of last page saying signed in my presence, by two persons at the bottom of the right hand - the first one of which being the maker of the will and the second her spouse and beneficiary of the will ( unless of course he expires earlier ) Is this valid will ?
Do the witnesses of a will need to be alive to prove the will ?
Does the withness have to attest cuttings in the will ?