Anonymous
10 January 2011 at 11:56
Can a father request to the court to meet his minor doughter(aprox 3 year) in the petition of 125CRPC(filled by wife). Interim not decided yet.
Can he give request in written to the court as wife do not bring the child on date.
Father has not met his doughter since 2 years
Isn't it necessary that the petitioners(wife and doughter) sould be present in the court on every date?
Anonymous
10 January 2011 at 10:43
Due to wife attitute after 2 months of my marriege I was seperaed my parents and residing seperately with my wife. but after three months she again left my independent house. Since March 2010, she residing with her parents or ex-boy friend, I file RCE in April 2010 then she file the case crpe 125 & crpc 12, & 18 to 22 sections after one month i.e. May2010, after so many conversation she is not ready to came back. Even her father also demanding one time huge money for settlement.
Hence I need urgent advise on the following :-
1] Get i any benefit if i file RCR first.
2] Since begening As she is residing with her paretns or ex-boy friend since last 9 months Can she still filed 498a if yes whom family members could be covered & on which ground.
3] If i get decree on RCR then what is the benefit of it
4] Can i file divorce as i was married in
May 2009.
5] It is possible if i want to transfer of our case from my wift's city becoz her fatehr & her friend tried to stop us to attend the court hearings.
6] Still we are try our best to resolve this problem but she & her father demanding a huge amount in one time. I could like to know it is possible according to low or it is advisable that can be paid total amount at the time of compromoise & divorce file.
7] Girl's father is adament that we have to pay all the amount first or kept full amount with medeator ( The medeator is girl side) then compromise will be done, It is advisable to us or not.
8] If we paid full amount in advance. and we file divorce on mutual consent and then after getting amount if she refuse to attending the final divorce date or not sign on final divorce after six months.
If yes KINDLY ADVISE US WHAT STEPS COULD BE TAKEN BEFORE GIVING A SETTLEMENT AMOUNT TO GIRST OR HER FATHER.
9] IN THIS POSITION CAN V GO FOR SETTLEMENT OR NOT. KINDLY ADVISE US IN DETAILS SO THAT WE CAN MOVE ACCORDINGLY TO YOUR GUIDELINES.
THANKING YOU
Anonymous
10 January 2011 at 00:23
whethee the amendment is retrospectivr in application ? whether female born before 2005 canclaim same shareas like son
Anonymous
09 January 2011 at 22:10
I am wife and mother of a daughter who is facing divorce case 'cruelty' as per hindu marriage act.
I am getting maintenance for me and my daughter.
child visitation case is going on even though I told that 'I want my husband to visit my kid' and no objections (she is too small/kid in primary school to be taken away.)
I want to dismiss the whole case. Affidavit (Exh. 7) supplied with main petition (Exh. 1) of husbband, which talks about few things.
But maintenance Order script in which husband's lawyer/husband admitted few facts which cause grave mismatch.
As per main petition he was unemployed and without earnings for 8 months, but for the same period he says in 'maint Order' that he resumed another job (less paying) with a 5 days of gap.
This 8 months and 5 days is a grave mismatch and he has told falsity and lies in Exh. 1 and Exh 7.
Doesn't that become ground to dismiss case for shoddy and unclean hands behavior?
I have read HMA and many posts on this forum: HMA says in Sec 23 "Decree in proceedings" (e) 'there is no other legal ground why relief should not be granted'
Isn't a person lying in affidavit and telling another thing himself in maint trial, 'a sufficient legal ground/basis' to dismiss the trial?
Why judge has to decide the whole case? Anyways the case is very absurd allegations.
Anonymous
09 January 2011 at 19:20
A notice was given to the marriage officer for marriage under special marriage act and within one month thereof social marriage was solemnised following hindu rites and saptapadi was performed. The marriage officer was also present at that time. After marriage was over the husband and wife and their witnesses signed in the marriage register brought by the marriage officer.
Now the question is that under which section i.e. 13B of HMA or 28 of Spl. M.A the divorce on mutual consent requires to be filed ?
The petition of mutual divorce should be addressed to whom ?
Please clarify.
Anonymous
09 January 2011 at 17:22
(1) A father is having two sons. One of his sons died leaving a grandson. Can the father adopt his grand son when the other son is alive?
(2) Without institution of any case, how to leagalise Family Settlement Agreement? How to take it to Lok Adalat? Can Lok Adalat give leagal sanctity?
Can some one guide on the above
Anonymous
09 January 2011 at 16:52
Sir, my self Mr.Milind kulkarni from Nashik and i just want to inquire abt that if the person who was belong to tribal cast and if he gave divorce to his first wife by publishing notice in the local newspaper and it is legal as per their custom but it is a settled law that this is a proper way of divorce and can the first wife claim the property of the husband even though he has a second wife. It means the first marriage is void or not/.
Anonymous
09 January 2011 at 16:33
I am married for the past 14yrs and have one daughter and son,aged 12 and 5yrs.Its going to be one year since my wife has separated from me taking the children with her to her mother's place at Vizag.I also have an old father aged 79yrs and she does not like staying with him as he is an ex-army man.From the time we got married she never wanted to stay here and always wanted me to leave him here alone to die and I go with her to Vizag and stay.Because I refused she got her parents over here and they fought and have taken her away.Now she does not to come back and demanding for maintainence of the children and herself.We have no good lawyers over here and so cannot consult on this matter.Can you advice me on what the law has to say on these type of matters.
Anonymous
09 January 2011 at 16:09
My wife deserted 8-9 months ago without any sufficient cause just on the instigation of her mother on legal issues.
Now she is not ready to come back until her undue demand is accepted.
She has written in her 2-3 mails to husband to take divorce and get married again
One day she said she is ready give divorce and ready to sign papers.When husband asked for signing the papers and go to court then she said she will sign papers but not go to court.
What is the option before the husband.
Go for Mediation (She has already denied for mediation)
Which cases she can file after this
Go for RCR (She may defeat the purpose by coming for small duration and go again)
Which cases she can file after this
Divorce on Cruelty (Enough grounds are there like abortion without consent,braking fingre, cut,shouting in presence of relatives,going to parents house on small argument,stopping preparing food, taking care of child, refusing sexual relations etc.)
Which cases she can file after this
Both have married for the second time and both of one child from the previous marriage/ no child from this marriage.
Husbands net take home salary is 75000 and wifes salary is 20000 and she has deposits of Rs.20 lacs which is took in the 1st divorce.
In above situation do husband need to give maintenance although he is ready to take her back and approached them a number of times though friends,relatives and directly but they are adamant (PROOF IS THERE IN THE FORM OF EXCHANGE OF MAILS SMS ETC.)
PLEASE ADVISE SAFEST NEXT COURSE OF OF ACTION
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Family disputes
Hi
I am married since 5 years..I have mostly lot of difference of opinions with my wife and we used to quarrle a lot..
As per me, she is not behaving with my family members well and she is very rude...
She also have some opinions about me that I am too much expecting from her..
Anyways, we had big fight recently and she took gold ornaments with her..
Her and my family members intervened and calmed down both of us...
But, she is now, threatening me about a possible police action not direclty but through indirect comments that she may go to police to file complaint againest me to give bad time..
This is my observations...and I think that the possibility of she doing that is very remorse but I cannot gurantee that since she loose all her control during fights..
All of her family members including her are very well educated so is that case with me and my family ...But she can take any action ...
So, can I save myself from the possible action from my wife...? We also have discussed lot of time option of getting divorsed...
Few people told me that you can get in writing...
Can you please guide me...?