In a case I am representating wife. We file application for maintainance U/s 125 of Cr.P.C.
Then the husband came with a decree of divorce issued by Civil Judge Junior Division saying that the divorce has already taken place and lumpsum amount has been paid as maintainance.
Is such a decree is null and void because it is taken from Junior Division,can anybody give me any citation on this ??
ALSO I have not signed any such petition of the so called decree.
Anonymous
14 December 2010 at 07:09
I married to a woman who had a six year son from her ex husband (not divorced). She had adopted one girl prior to our marriage. She died in an accident after 3 years of our marriage. Who will be keeping the custody of the son as the BIO Father is still alive
Anonymous
13 December 2010 at 21:59
Can any court order for one time settlement money in spite of the divorce petition has been filed under section 13B on mutual basis ?
I AM MARRIED TO A GIRL,BUT NOW THE SITUATION IS THAT SHE AND HER PARENTS ARE DENYING MARRIAGE DUE TO CASTE.WE BOTH ARE HINDUS AND SHE IS ABOVE 18.NOW HER PARENTS ARE TRYING TO REMARRY HER.I HAVE LODGED CASE UNDER SEC.9OF HMA.Can i stop her marriage now?
While filling Divorce petition U/s. 13(i)(a), petitioner wife has attached 3 pages letter claiming that Respondent's advocate has send this advisory letter to her. I have not engaged any advocate till today and appearing in the Court myself. 4 dates were over.
The letter contains good things about both of us and for both of us. According to the letter the petitioner should reconcile with the respondent and do not let her matrimonial life and personal life to get spoiled. The petitioner should talk with respondent and return to his house. If the petitioner don't want to live with the respondent than she should have words with him and should solve the matter by discussing with respondent only without inviting others so that matter should not get spoiled any more.
The letter starts with the words that the writer of the letter is a solicitor cum advocate cum social worker, so it seems that someone who knows very closely to both of us has written and send the letter to the petitioner or the petitioner herself has written and posted the letter and now attaching with petition to gain sympathy. The letter is on legal paper not containing address and signature of sender. It is not on the letterhead of the said advocate.
Can the Hon'ble Court take stand that I have send the letter?
or it has no legal stand in the Court?
Will the Court go in detail for further inquiry who has send the letter or ask the petitioner to prove that the respondent has send the letter?
Sreenivas
13 December 2010 at 16:50
My niece was married 4 years ago. The couple stayed together for 4 months after which the husband got transferred. After a few months my niece delivered a baby child son. Then her husband without informing her went overseas and now not at all interested in her at the instigation of his sister and mother. What would be the status of my niece and the custody of her only son whom she loves madly.They stayed together only for 4 months.
snvas
Anonymous
13 December 2010 at 13:48
Dear Expert,
Any body hire a surrogate mother in India. It legal or not?
If legal?
What legal grounds do I have to make sure she can not keep the baby?
Any legal contract has to sine before conception or after giving birth? Will this contract stand up in court?
Regards
Anonymous
13 December 2010 at 12:13
I fear that my wife may try and succeed in getting exparte divorce without my information. They may manipulate the notices being served on me. what are the chances and how can it be prevented.
In case it is granted exparte without my knowledge how is the period of 90 days to challenge it only remedy what if I come to know after that and she gets married again.
Anonymous
13 December 2010 at 12:03
Dear Sir/Madam,
Just to brief you on my problem, I got married to a lady named Rekha on 16/01/2009. She was previously married to a Muslim guy and got divorce from him on 31/12/2008. so that means within 16 days of divorce we got married again. Secondly she had converted to Muslim and accepted Muslim religion and Muslim name as Shaina (instead of Rekha) but before marrying me she never converted back to Hindu. This girl was working in a Dance Bar in Dubai. I got carried away and got married to her on the above mentioned date. I also sponsored this girl in dubai on spouse visa. After sometime i realised that we cannot get along due to her mentality and her nature and now i want a divorce or separation from her. This lady visited dubai 2times since last year without my permission, misusing my visa and coming to dubai and blackmailing me and saying that she will go to police if i dont keep her here and bear her expenses. I am not in a condition to keep her here neither do i want to keep her in dubai and keep on with the relationship. I want a divorce. She was here before a week and as an initial step towards my decision of divorce, i somehow cancelled her spouse visa. Right now this lady is in India but is still threatening me and blackmailing me to come back to dubai again and create problems for me. I would like to seek your advise on the matter as to what steps can i take to defend myself incase this lady ends up in dubai again. She and her family is also threatening my family members in india and are trying torture them mentally. Kindly advise me on this matter and guide me as to what steps needs to be taken by me.
Awaiting your kind and quick response.
Thanking you and obliged.
Format for Evidence
Dear Experts,
I have a RCR going on in court and is at the evidence stage, Request you to please help me in getting format for Evidence Filing. Thanks