Anonymous
21 January 2011 at 22:59
1. A lady "allegdely" files for divorce under Section 13(1)(ia) on grounds of cruelty.
2. 4 months later , she and her husband submit a memorandum of compromsise under Order23,Rule 3 where she agrees to divorce, no maintainance and also giving up custody of her children aged 3 & 4.
3. The court passes an order the very same day under sec13(1)(ia). Surprisingly the decree is drawn under sec 13(b)!!
4. 3 months after the order is passed the lady one day notices the divorce order in the house which is when she realises that what fraud has been played on her. Till now, three months after divorce order has been passed, she is still living with her "husband".
This seems like a mockery of the laws. Is this a valid order/decree at all?Does the indian judicial system have any provision have any recourse for this lady?Or is the story over? What is the procedure now available to have this divorce decalred null and void?Can some of the sharpest legal minds in the country shed light on this matter.
Thanks.
ram agrawal
21 January 2011 at 22:17
Respected Sir, my self rbagrawal got mutual consent divorce long back in 1998,and in the joint petition it is clearly mentioned that the wife is financially capable and does not require any maintenence,from the husband now or after the divorce granted, simultaneous we entered into an aggrement framing all the clawses of the joint petition on an Rs.100 stamp paper and the same was regestered at the registrar office in 1998,now after 9 years, in 2007, my ex wife filed a fresh case of maintenence asking of Rs.30000/-per month, starting from the divorced year 1998, she is living with her parents from 1996,and they are very well financially sound, and I am running a small business along with my father and brothers, it is a partner ship firm, I am staying with my father who is aged person, also I am having a son, whose custody she has given me long back in 1998,in 2004 she filed another case of child custody and the same was dismised,she went to high court for appeal and same is pending for final orders,my son , is now 15 years old, I did not married till now, my mother also expired in 2000, there are no female member in my house, and I have to see all the work , she is harassing me by filing all these cases , as his own brother is an advocate, I am taking care of my son right from 1999 when she left me, I am looking after my father also,kindly help me in this case, awaiting ur reply asap, thank you,God Bless You---
gkp
21 January 2011 at 21:30
divorce case is going on
except case wife is not chang her name any where and she is not declaired her maritual staus as amarried any where after 10 years of marrige she is goverment employee she hide a truth to office. is this is offence ?
is their any action con be taken by her office?
is this illegale according to hmi1955 or any act?
Anonymous
21 January 2011 at 21:20
divorce petition is going on if wife no change her name and never change her maritual status it remains unmarried after 10 year of marriage she is working in goverment farm
what type of action can be take by govt. office or hmi 1955 pl tell sirs
Self service
21 January 2011 at 19:49
Hello experts,
Need advice on below issue- Husband filed divorce case under 13(a)i. Wife is contesting and on other side want to file case with mutual consent. Husband dont want to withdraw case and keep on hold until second motion of mutual consent. It is possible to file both in same court? First case under 13(a)i at place of residence?
saravanang
21 January 2011 at 17:42
Dear Sir/madam,
My grandfather was having 75cents of land that was actually gifted by his friend since he adopted his son at the age of 1year.
But It was registered as a acquired land by my grandfather.
My father senior member of the family looked after the family since his father retired and died in the year 1994 and he helped financially of his family members which include 4 daughters(including their husbands and sons) and 1 younger brother.
Now all the 4 daughters claiming partition in that land which belongs to my grandfather.
Can you please advice on this issue?
Savdeep
21 January 2011 at 15:47
Hello Everyone!
Please help me with critical info,
My brother got married in USA, in 2008 they have Registered their marriage in the US. The marriage was conducted in Christian customs. When the couple got holiday they returned back to India and re-married later in 2010 in Gujarat according to Hindu( Maharashtrian) customs.They have not registered their Indian marriage yet here in India, since they already registered their marriage in the US (2008).
We are Maharashtrians, settled in Maharashtra, but my brother was working for few years in the US in 2008. The girl originally is from Kerala, family settled in Gujarat.
Both the wedding took place in different country with different customs, on different dates and year.
1. We are wondering if he should get his Indian wedding registered here in India since they have moved now from US to INDIA?
2. Would it be a problem having 2 marriage certificates with different dates/ year on it?
3. Please let me know if he should take care of anything else since now they moved to India for good.
4. How to proceed further in his case?
Please help,
Look forward to hear from you
Thanks
Savdeep
Anonymous
21 January 2011 at 13:08
In case of indian laws for hindus , is alimony based on income of the spouse or can the value of fixed assets held by a spouse be made to be included into while arriving into the amount of alimony. ??
In the present divorce case filed, the wife is earning Rs. 8000/- per month and is presently the sole bread winner of the family as the husband is unemployed (due to medical unfitness) not earning at all. The husband however has only one self acquired house property in his single name presently valued at Rs. 40 lakhs. The couple has 2 sons aged 14 yrs and 17 yrs . The wife is greedy for money and asking for alimony equivalent to half of the share of the husband's property amounting to lumpsum of Rs. 20 lakhs on the grounds that her income is inadequate to support herself and the two sons ( wwhich is more likely to go into her custody), but the husband says that he will not part with his house property as properties cannot be included while deciding alimony and the husband proves that he is terminally ill and has no employment or any source of income since last 5 years. Please decide wether the husband can be forced by the court to dispose off his house property and remit half of the proceeds as alimony to the wife, who is earning and is physically fit in contrast to her husband who is physically suffering from cancer since a long time. Please decide wheter a) if the wife is entiled to alimony in this case? If yes,then how much? b) wether the husband can be forced to sell of his property and give half the amount out of it as alimony? c) what will be the amount of compensation that the husband will have to give for children in case the custody of the minor children goes to the wife. d) can the husband demand alimony from his working wife as the husband is unemployed with no income as he is suffering from cancer.? ( note : the wife is physically fit, earning rs.8000/- per month but out of greed she wants alimony from the husband and is forcing the husband to sell his house property so that she can get half of the share from the sale proceeds of the house) but the husband is reluctant to let his house property being put on sale. Please give a solution in this case. Thanx in advance>>>
Anonymous
21 January 2011 at 09:41
Dear Expert,
I was Mary 2 year back and a lot of misunderstanding after few months. Now we are separate from last many months.
Husband except on cell. cell recording is valid proof in court.
Regards
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498a & 406 settlement in UP
Dear All
I'm currently out of India and my 498a & 406 case is pending in UP.
I have never been to India since my case got registered. My parents are out on bail on 498a and have stay of arrest on 406 from HC Allahabad.
Now both parties to these cases have agreed to do an out of court settlement. My lawyer is asking me to return to India and file for MCD and settle the matter in my presence.
I want all this to come to an end but not sure on going back to India. I'm pretty sure LOC will be out on my name at the airport. I'm currently on foreign passport and haven't surrendered my India passport yet.
My question is:-
1. How to visit India and come back safely as I may loose my job if I stay out for more then 4-5 weeks.
2. How to avoid losing my passport in case of LOC etc?
3. What to do when I reach court to settle the matter?
I've heard of conditional bail but not sure on how that works.
Your guidance will be very much appreciated