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Arka Foundation   13 May 2011 at 08:34

Circulars/Orders/Judgments on Family Court?

Dear Experts,

Any Circulars/Orders/Judgments on Family Court?

that party[husband or wife] must be present in matrimonial[divorce] cases
for better results.

answers please

Ganesh Joshi   12 May 2011 at 18:02

Court refuses my petition under sec 9

Myself had submit a case against my wife under sec 9 in Nasik court. She is leaving saperate since 21st June'2008 in Nasik with her parants & alongwith our son. She is having well earning. but The Hon. Nasik court has dismissed my application & kept the matter as is. Now I am in confussion about next step. I am ready to call back my wife honestly but her parants insist her for not to go husband house. her father is retired from a Bank & they have only two daughters. She has no any valid reason for not to leave with me & also she is unable to produce a single evidence of any problem. Not only by me but all my family member & height is my 90 years old grand mother tried thousand time to convience her but she is not ready to shift herself to Aurangabad (My residence).

What about Divorce ??

Can I apply for

please suggest

Ganesh

Anonymous   12 May 2011 at 17:34

DVAct 2005, 498A, 406 - Queries.

Dear Sir / Madam:

As I came to know through Experts that It is Possible to File for Quashing DVAct 2005, 498A, 406 in HC Parrallelly to On-going above Cases in Metropolitan Majistrate's (MM) Court.

I have few Queries with regards to above:

1. In Jan'11 Cases DVAct 2005, 498A, 406 were Filed against us. but, till date Arguments & Evidences have NOT yet started. We have been getting Dates till now. IS IT STILL POSSIBLE TO FILE FOR QUASHING ABOVE CASES IN HC?

2. Does the MM allow Audio (Mobile) Recordings as Evidences? As the Evidences we have can go against the Wife. All the Allegations made by her can easily fail & proved false.

3. Do we have to take permission from MM or any other Court to allow Recordings AS Evidences?

4. Generally, How long does the MM take to Pass any Judgements in such Cases? Is it that the Wife demands Compensation & MM simply passes it?

5. Does the Wife need to Prove the Allegations She has made Against us in front of MM?

6. The Wife DOES NOT have any Proofs of whatever Allegations she has framed against us? Could the MM still favour her?

7. The Wife has stayed in her matrimonial home practically just for 30-35 days. Does she still have a chance of claiming compensation?

Anonymous   12 May 2011 at 17:32

DVAct 2005, 498A, 406 - Queries.

Dear Sir / Madam:

As I came to know through Experts that It is Possible to File for Quashing DVAct 2005, 498A, 406 in HC Parrallelly to On-going above Cases in Metropolitan Majistrate's (MM) Court.

I have few Queries with regards to above:

1. In Jan'11 Cases DVAct 2005, 498A, 406 were Filed against us. but, till date Arguments & Evidences have NOT yet started. We have been getting Dates till now. IS IT STILL POSSIBLE TO FILE FOR QUASHING ABOVE CASES IN HC?

2. Does the MM allow Audio (Mobile) Recordings as Evidences? As the Evidences we have can go against the Wife. All the Allegations made by her can easily fail & proved false.

3. Do we have to take permission from MM or any other Court to allow Recordings AS Evidences?

4. Generally, How long does the MM take to Pass any Judgements in such Cases? Is it that the Wife demands Compensation & MM simply passes it?

5. Does the Wife need to Prove the Allegations She has made Against us in front of MM?

6. The Wife DOES NOT have any Proofs of whatever Allegations she has framed against us? Could the MM still favour her?

7. The Wife has stayed in her matrimonial home practically just for 30-35 days. Does she still have a chance of claiming compensation?

Anonymous   12 May 2011 at 14:13

Divorce by Shariat without Husband consent

Sir/Madam,
I have filed RCR in Madras high Court during March 2011 and hearing is on 31 May 2011. In between my wife parents approach Shariat people and tries to get Divorce without my consent and in my absense, espeacially when the matter is in court waiting for hearing.
Thou this type of divorce in absence of husband is accepted in Islam Shariat. My query is, after filing RCR in court, the divorce thro Shariat without my consent and absent is valid or not? because I'm waiting for hearing date and my wife parents has returned the court summon with reason of No such person.
Please help its urgent.
Thanks & Regards
Zaheer

Narayan Varma   12 May 2011 at 10:19

Query regarding merriage without divorcesing

Dear Sir, i had done love marriage on dated 22.01.2010, after one month relative of my wife taken at home and harnessed her, after that my wife refused to come with me, when i went to leave my wife with her parents they forcefully signed me a stamp paper containing our marriage is not valid it is against the will of parents and made certificate falsely. now they wants her marriage will it right in the eye of low.

Regards,
Narayan

Anonymous   11 May 2011 at 21:41

dv act

CAN WOMAN GET MAINTENANCE FROM PENSON OF HER HUSBAND UNDER DOMESTIC VIOLENCE ACT

M Chaturvedi   11 May 2011 at 18:02

Quashing of DVAct - If Possible in HC?

Dear Sir / Madam:

Satisfied by the reply I received for my query - Quashing of DVAct, 406, 498A in HC.

Generally, How long does it take for HC to decide on Quashing DVAct, 406, 498A once we file for Quashing?

Anonymous   11 May 2011 at 16:30

Quashing of DVAct & Other Cases in HC.

Dear Sir / Madam:

We are going through a Divorce (Family Court) in our Family. The Wife Filed DVAct 2005, 406, 498A against our Family after 8 months of Divorce Case filed by us in Family Court. In fact, She did not attend Family Court since the begining till she filed for DVAct, 406, 498A.
All her Cases are False & Fabricated. We have few Evidences which could possibly prove our innocence.
The Cases of DVAct, 406, 498A are still going on in Metropolitan Majistrate's Court.
Can We PARALLELY File a Petition in HC for Quashing / Dismissing of DVAct, 406, 498A going on against us?
If we can file for Quashing in HC - Against whom we need to file the Petition? Is it State Govt. or the Wife?

Anonymous   11 May 2011 at 13:08

Inter-Religion Marriage

Hi all,
A friend of mine, who is a Christian, registered his marriage with a Muslim girl three years ago. Presently, they are living in Australia. The girl’s parents don’t know about the marriage. The boy’s parents know about the marriage, and they are fine with it. The girl has converted to Christianity and she wants to remain so.
Now they want to stop the hide and seek, and get a formal societal approval of their relationship.
They have a plan and it is thus:
They will come to India; the boy will convert to Islam, and get married at the girl’s place. The problem here is the girl will be a Christian here.
After that function, they will go to the boy’s place and get married in the Church. The problem here is that he is already converted to Islam.
There are a couple of issues which requires clarification:
1. Will the two functions have any effect on the marriage which was registered three years ago?
2. When is a religious conversion official?
3. Will such conversion mean that the boy will have to change the religion in his passport?
4. Will there be any issue if he doesn’t mention change of religion in the passport?
Please provide your valuable feedbacks.
Thanks in advance