G. ARAVINTHAN
27 June 2010 at 06:23
I know that the order passed in H.M.O.P by family Court is to be challenged by filing C.M.A before High Court.
I know that the order passed in Maintenance Case by family Court is to be challenged by filing Criminal Revision before High Court.
What is the procedure to file challenge the common order passed in divorce application and maintenance case, which was tried together?
suresh
26 June 2010 at 18:02
sir my wife filled 498a against my whole family and the case not yet come,as i am an nri.she filled another case in family court saying that she gave 3 lakhs to my father and mother and 40soverigns of gold,we fought the case by giving evidence such as we were not there to get that money,even that is true,for that case judgement came saying that i want to pay 3 lahks in cash and 28 soverign of gold or 3lakhs and 60 thousand cash.we ar wating for the detailed statement.can i go for an appeal in high court and what are steps and how much i want to pay totally for going appeal and is there any changes of winning,since family court mostly favours the women not the truth.
Anonymous
26 June 2010 at 17:45
sir my wife filled 498a against my whole family and the case not yet come,as i am an nri.she filled another case in family court saying that she gave 3 lakhs to my father and mother and 40soverigns of gold,we fought the case by giving evidence such as we were not there to get that money,even that is true,for that case judgement came saying that i want to pay 3 lahks in cash and 28 soverign of gold or 3lakhs and 60 thousand cash.we ar wating for the detailed statement.can i go for an appeal in high court and what are steps and how much i want to pay totally for going appeal and is there any changes of winning,since family court mostly favours the women not the truth.
Anonymous
26 June 2010 at 16:20
i am a divocee. i have custody of my 6 yrs old daughter. After divorce i hav shifted to other place and changed the school of my daughter. Now he is objecting me and troubling me saying i should have asked him or consult him before taking admission in other school. He is having access/ meeting rights. Can he object this manner in legal terms. he is arguing and troubling me thru sms. pls guide.
rdburmanmusic
26 June 2010 at 15:00
sir,
since the date of issuing divorce notice ,my wife appointed lawyer but taking dates for filing objection .1 st date she extended date,second date she not arrived.meanwhile before taking first date she filed false 498aand dissappeared from this place by leaving her luggages,no contct,no phone,no messages from her or her parents.if she didn come for third time but advocate present will it become exparty?how to stimulate them for not to waste my time? pls answer.
Anonymous
26 June 2010 at 13:48
Sirs,
What are the Requirements of Ex -Prate divorce decree. Any judgement of any high court / supreme court.
Thanks & Regards,
Shruti H
26 June 2010 at 12:30
I am married since last one and half year. My inlaws stay in Pune and me and my husband stay in Mumbai. I am into business since last three and half years and stabilized in it. My husband was also working in Mumbai at airport. I was sent to my parent’s place,who also stay in Mumbai for the maternity period in November 2009. In February 2010, I delivered a baby boy and then my inlaws themselves decided that we both should leave our existing work and stay in Pune with them. My husband without taking my consent left his job and shifted to Pune permanently. He doesn’t even have a job in Pune now and now trying very hard to get a job related to international airport in Pune which is difficult.
I informed my husband that I am not willing to close down the business in Mumbai which after my three years of strruggle has now stabilized. Initially my inlaws were forcing me to leave my career and stay at home and now they asking me to again start a business in Pune(which I am not willing to and will be very difficult for me). Also my father in law told me that he will take legal actions for getting my son.
I had approached to marriage counseling but my husband and inlaws started lying and made some other story and blamed me and my mother for various reasons. The conuselling authorities advised me to go to the family court. Now there is no contact between me and my husband and inlaws. And now I have decided that I don’t want to go to them at all.
I don’t want to go to the family court as my husband and inlaws lie a lot. What will happen if I don’t approach the family court?
Please advice me
T. Saranvelu
26 June 2010 at 11:55
Sir,
I need certain clarifications on exparte divorce. Kindly go thorough the matter and kindly give valuable suggestions::
I have applied for divorce at District Family Court due mental cruely of wife. Case hearing was happened at Family court
I got EXPARTE JUDGEMENT ie divorce granted.
One day after judgment day, I have received a letter from her (Wife) high court lawyer stated that "petition filled at Hon.ble High court for transfer of the divorce case to her (WIFE) working place and stay order for four weeks for the divorce case is issued by the Hon.ble High court". Actually she (Wife) filled a petition for transfer of the divorce case and got stay at 12 days before the family court judgement day.
That is, the stay matter is not known to me and my lawyer before the judgement day. Besides, she or her lawyer is not informed the stay matter to the family court during hearing. No official court order is not received by me till now.
In that crucial matter, exparte judgement is given during stay period of Hon.ble High court (Stay matter is not known to me or family court).
I kindly asked that whether the exparte judgement is valid or not?, besides reappealing by her for exparte judgement ie 90 days is also already over at family court. Till date no reappealing by her.
Kindly give valuable suggestions and directions.
Yours
Saran
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On Mutual divorce pending in the court last one year
Dear Sir,
my niece was married in Jne 2005 at Hyderabad under Hindu traditional marriage,arranged marriage.within one month from marriage the husband left for USA on an Assignment.The wife who was also employed well for four years resigned her job in India and joined her husband there in USa in October 2005.But their married life was not smooth.She seperated from him within six months and took up a job in another city in USa lived seperately till March 2008.She
came back to live with him at his request.But things did not work out so she moved out to live seperately from him in June 2008 and has been living in USa even now seperated from her husband.In the mean time she also obtained her H1 Visa to live and work in USa.Her husband's efforts to get H1 visa did not succeed and hence had to return back to India in November,2008 and has never vidted her till now.Since the couple lived for few days in the house built there in Bangalore,the couple had filed a Divorce petition on Mutual consent at Bangalore Family court way back in April,2009.The girl has visa problem,plus loosing her current job ,if she is waay from USa for more than two weeks,plus her employer is processing her case for a green card and she cannot leave USa for next 8 months till her application is cleated.She has only her mother who is a widow.She has given me Power of attorney to represent her case in the Family court at Bangalore notarised by USa people.Though the case has been coming for hearing every month in Bangalore family ,the judge is insisting on the personal appearance of the girl at the court,inspite of our trying to tell the judge the difficulties for her appearance.We tried to tell the judge that we can arrange for a vedeo conferencing through Web cam ,by bringing in our Laptop,with web camera and Wireless internet to the court for the judge to record the evidence.But he refuses and insists on her appearance.
In the absence of divorce the girl has been paying double income tax in USa including for her husband who is not there under US Tax law,plus she cannot acquire any property in USa till her divorce as her husband can have claim in it as per USa law.
It is more than one year that we filed the divorce petition and more than two years that the couple are seperated.What is the best method to get the problem resoved at the earliest without the girl having to come here to India for giving personal evidence.
Kindly clarify.Thanking you
Swaminathan.K.