Anonymous
09 April 2011 at 17:59
Respected Sir / Madam
1. Respondent husband facing petition u/s 13 for divorce. Allegation are cruelty, desertion, dowry etc.
2. 5 year old daughter in custody of mother doing govt job (contract basis)
3. Case to be decided u/s 125 cr.pc for child maintenence.
4. Both parties needs divorce.
5. Parties are separated for 4 years.
6. Case is under process for 1 year.
Please advice to respondent husband:
Q1. what is best mutual compromise for respondent husband - 13 B or being X-Parte or anything else ?
Q2. What if go to Lok adalat for same ?
Q3. What to do in comromise so that there would be no ogligation of any type in future for either party ?
Q4. What to do to avoid any withdraw / step back from compromise at final date ? Would any DEED sign work ?
Q5. What is minimum time period to get divorce on different types of compromise ?
Q6. Any draw back in such compromise ?
Regards
Anonymous
09 April 2011 at 14:27
There was some mistake in my previuos question. My father had made a nomination & will for property as under;
After my death my wife will be the owner of said property & after her death my first son & secound son.
My question is
After the death of my father, Is my mother is capable to change the nomination & will of my father ? & is the three nominated people are capable to change the will?
Anonymous
09 April 2011 at 12:55
one of my friend is half insane.. she had delivered girl baby as soon as she delivered it was discovered that she is not supposed to feed the brest and the child was put to shishuvihar. her husband was induced by the shishuvihar members to give child to adaption. he insisted his wife and wife also consented when she was insane. adaption completed. now she wants child back. bcz of child her insanity is day by day increasing and whenever she turns to proper state she keeps insisting her husband as well as shishuvihar people. once her sister went on enquiry asking for child but she was informed by them that baby is sent other department since it is handicap. but it is not true. sister before giving for adaption also tried a lot avoid adaption.
can she get back her child. its going to be 3 years. any other option to get her child back pls do let me know. thank u
Anonymous
09 April 2011 at 09:28
Sirs,
Kindly inform and guide how to frame question of laws for filing SLP-Civil in hon'ble supreme court.
regards
Anonymous
09 April 2011 at 08:09
Sirs,
Kindly inform if in Delhi High Court a letters patent appeal is maintainable against the order of hon'ble single judge passed in CM(M) application / petition under article 227 against the order of ADJ given in case under the Hindu Marriage Act.
Kindly awaiting for your esteemed replies.
rgds
Anonymous
08 April 2011 at 20:13
In a consented case of divorce, petitioner wife sent proposal for settlement and respondent husband accepted the same for the time being [Husband is not in favor of divorce and don’t want that his matrimonial life should disturbed. He has accepted proposal to get rid-off from the court].So after meditation by mediator, joint petition for mutual consent divorce has been filled.
Now after 5 months form submission of joint petition, husband wants to withdraw his consent. Can he do so? If yes, how to withdraw consent? Should he require appearing personally before court and giving normal application in writing or can he send application by registered speed post or courier?
After withdrawal of consent what petitioner wife will do? She will reopen the case or go for appeal?
Anonymous
08 April 2011 at 19:48
In a matrimonial case wife has filled list of witness in the district court containing names of herself, her mother and her uncle (Mother side). Now wife is petitioner. Her mother & uncle are obviously from her side only as she want divorce. In this scenario can these persons be witness???
Anonymous
08 April 2011 at 18:17
I and my wife divorced under mutual consent (Sec 13B of HM Act) in 2002. Till the decree was passed I had paid her Rs. 6 lakhs as alimony during pendency of case. The decree of ‘divorce but with no costs’ was given by the judge. However before the decree of divorce was passed my wife got me to sign on plain paper that I will pay her Rs. 19 lakhs more, later. There was no mention of time schedule for this payment. Now after almost 9 years she has filed a petition claiming the Rs. 19 lakhs. Can she file for alimony after the judge gave a divorce decree without costs? That too after 9 years? Or is this a money suite and not pertaining to alimony? Is there a time bar to such claims?
Anonymous
08 April 2011 at 17:38
Hi,
I have given POA to my father. I stay overseas and doing my MS, after quitting job, and after my wife filed divorce and maintenance case section 24 Hindu Marr. Act.
My lawyer had filed review against interim maintenance.
I am not sure why review petition is stuck and nothing is happening since last 9 months, yet another next hearing date is given.
Am I entitled to file appeal in Bombay High Court against the Original Interim maintenance Order? I can ask to withdraw the review petition also.
My father has been depositing money every two months (6000/- p.m.)
Can review as well as appeal go on parallelly?
I am told that review is always dismissed.
Am I entitled to file appeal also?
If yes Can I do it after 9 months of delay. Well! its not a delay because review application was filed immediately within2 weeks.
I (my father) was initially told that review petitions get over quickly.
Have I lost the opportunity to make an appeal?
if required I would not mind to withdraw the 'review petition' from family court?
Is there remedy for delay of 9 months to file appeal?
Warm regards.
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Words of statute in petition under hindu marriage act
Ld Counsels,
The petitioner uses the words against the respondent that the respondent is "unfit for marriage and procreation of children"
The above words are clear reproduction of words in section 5 of Hindu marriage act making the marriage invalid if either party to marriage having mental disorder of such a degree which will make him/her "unfit for marriage and procreation of children"
Now having used the words of statute can the petitioner claim that such allegation doesnt mean the respondent was having mental disorder but these allegations only mean impotence of the respondent.
Can words of statue used as exact replica in the petition be given a different interpretation by the court or the petitioner.
Please clarify.
Thanks in advance.