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S.Sivakumar   03 July 2011 at 21:49

hindu divorce

wife wants to file a divorce petition, on the ground of cruelty, but now she is employed at abroad, whether she can file the divorce petition through her Power Of Attorney ?

Anonymous   03 July 2011 at 19:01

divorce

my wife left matrimonial home on 4.8.09 for rakhi festival, but she did not return back. i applied for RCR under sec.9 HMA on 14.10.09, she had received notice on 09.11.09, i have certified copy of notice received by her, but she did not attended court, thus i got ex-party decree on 16.12.09 to attend her matrimonial home within 1 month. but she didn't turn on. then on 17.02.10 i applied for divorce under sec.13 HMA claiming desertion and cruelty. she received notice on 01.05.10 and implicated me and my parents under 498a, 34 CrPC & 3/4 DPA on 6.5.10. later she applied for maintenance under sec.24 HMA & sec.125 CrPC. now as 1 year for sec.9 decree has lapsed, it fulfils condition for divorce under sec.13(1-A)(ii) HMA also. Maintenance has been decided under sec.24, HMA. I want to know about next step to get divorce

Anonymous   03 July 2011 at 17:37

Legal Heir

Dear Professional,

Me & my husband aren't not staying with my In - Laws coz they were against our marriage & also they have not kept any relations with us as their son married to me against their wish.My husband is having one sister who is married,my question is in future if they don't keep anything for my husband & nominate everything on my sister in law's name then can we challange her in the court for my husband's right?Who will be the first person entitled to get posession of house,my husband or his married sister?

Need your advise.

Anonymous   03 July 2011 at 16:13

Wife asking to sign papers to come home

My wife is at her parents home for last 1 year and she has delivered a boy 8 months back. I have gone there multiple time to take her along but all in vain. I was in talks with her. She put a condition that she wont stay with my parents and my parenst wont come to place where we stay.
I discussed this at my home to which they agreed and i again went to take her home.
This time she asked me to sign on stamp paper these things and then only she will come.
I enquired from somewhere and came to know that lawyer has advised her to talk to me nicely and put all these on papers.
I am unable to understand the motive behind this to talk nicely, put condition and on agreement also does not come along.
She has involved some of his relative and they are asking me to sign the stamp papers to take her along.
She is giving private tuitions at home and my son is at the mercy of her mother. Please advise.

I also want to understand the implication of signing on these conditions.

bharath kumar.c   03 July 2011 at 13:56

Indian Divorce Act

Dear Friends, pls share your opinion on the following scenario, where a girl has filed a petition for divorce on the ground of Irretrievable breakdown of marriage, where the marriage is purely arranged & solemnized by both the parents. However subsequent to the marriage the girl finds that they have hidden the fact that their son is not suitable for marriage, also he is an addict to alcohol.
The other party has not even filed counter till date and also informs that the boy is unemployed for more than a year and no compensation could be payable to the girl. But the Parents of the Groom are very much rich & millionaire, However the son pretend act as he is jobless & don't even single rupee belonging to him.
My doubt is that being an arranged marriage are there any provisions under which the parents are held liable for hiding of the material fact of their son being unfit for a marriage. If yes pls clarify along with the relevant section of the act.
If no, Is that very simple to get a married to a girl by hiding of personal character & material facts belonging to an individual and late which the marriage is broken down ,is easy to say that the guy is unemployed & has no property rest with him?

Hari_Narayana   03 July 2011 at 12:33

can we apply divorce or wait for them to apply?

My wife exactly after 1 year filed 498a, 406, 420 cases of 3,4,6 DP act.
She dragged me to the police and court. Actually the problem is with phone calls, SMSes or chattings with the girls. prior and after marriage but no proven illegal affairs.
but there were chats/emails which shows we shud definitely have had sex.
Apart from this regard, there is no harassment to that lady from any body in my family.
Actually we both are working in private IT organizations. so can i file divorce or shall i wait for divorce from her side? what are the pros and cons if i file from my side? except chattings, emails, frends pics there is no proof from her side.

Anonymous   03 July 2011 at 03:33

Evidace first,then argumets on91 application

Dear SIr,
I filed divorce case on the grounds of adultery and cruality,my estranged wife did not filed objections for the main petition. Now I filed 91 applications for summoning call logs, she filed objections for my 91 application, and the arguments were due on 91 application.
As this being the situation, I am being intimated by my lawyer that the matter is posted for my evidence.
Now my question, once I my evidence is over, what will be the use of call logs, for which my 91 application is waiting for arguments.
Please guide me, what going on in my case. Can I ask the judge, first take up the arguments on my 91 application then only I can file evidence.
Please guide me.

Anonymous   03 July 2011 at 01:50

diverce matter

Dear sir,Can a wife can file for interiem maintainance in the diverce petition U/s24 of HM.whenthere is seperate forum for filing petition U/S 125 cr.pc?There is already filed by husband RCR under which wife's petition for maintainance petition is pending for disposal in another court?

Anonymous   02 July 2011 at 20:40

property got in partition is ancestar or self acquired

sir i got some acres of land in a partition. the partition done between me and father and uncle all are got separate share.
the property i got was in the joint name of my father and uncle.

now my question is
the property i got is ancestar or self acquired?