Anonymous
06 April 2010 at 05:50
Sir,
Can my daughter ask the Hon'ble Family court to issue a notice to the original petitioner on his official address (as his residential address is not known) to attend the court.He is being represented by his GPA.The petitioner has not attended the court from filing OP till date.The OP was filed by his GPA.Kindly advise.
harish
05 April 2010 at 21:45
I had got ex party divorce on 18.11.2009( filed on 12.5.2008) through proper channel from family court,lucknow.She had fully/ truly knowledge regarding this divorce petition.She has singed in summon- acknowledgement which is attached in court file.i have already paying 7500/- per month towards 125 crpc maintenance from past 16 months.
I have got decree of divorce. Still i have not got marriage.
Now she has filed for Restoration of Ex-party divorce after four months, only for linger on divorce.
Pl. help me what should i do....
Can i move a writ petition against this restoration in Highcourt ?because it is not mentinable in eye of law.
bhanu pratap720
05 April 2010 at 19:47
there is an unregistered family agreement. the wishes of the testator has been carried out and the petitioner is in possession. mutation application moved under section 34 of u.p. land revenue act but rejected . reason given is that it was necessary to file a suit under sec 176 of up zamindari abolition act , 1951. appeals under Ss 210 and 219 also rejected on same grounds. the argument here is that a family settlement should be construed liberally even if is unregistered . and secondly the petitioner is in possession and others co sharers have no objection. hence the judgment order passed by the lower authorities should be set aside by a writ of certiorari. KINDLY PROVIDE ME WITH CASE LAWS ON THE FOLLOWING POINT. I WILL BE EXTREMELY GRATEFUL
Anonymous
04 April 2010 at 07:33
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated
dheepak srinivasa
04 April 2010 at 07:26
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated
Anonymous
04 April 2010 at 03:52
SIR,i wanto know what will happen after the child is 5 years old?how will the custody of the child decided?Am the mother n Dr ,will be earning no doubt.
Anonymous
03 April 2010 at 15:27
Hello,
I have a query regarding exparte divorce.
i got a divorce granted by the maharashtra district court on the 2/1/2010 as per the exparte order.
My lawyer had initially filed the petition as per domestic violence act and had sent a notice which was recieved by the other party.
The summons sent by the court was denied by them but we had a proof that they had not recived the summons but stay at the mentioned address. They did not turn up even for a single hearing..
Now its post 90 days. I am not sure if My ex Husband is aware of the divorce judgement as he and his family keeps on emailing/calling me/my family to know about the divorce status. I am not sure about telling him about(however i want to as i want to get rid of his harrasment) the same as he is a psychopath. He may be telling that he is wanting the divorce more than i do, however given as chance may appeal against the judgement, just to put me in trouble.
I want to know
1) If the opp party is informed about the divorce by the court through a summons?
2) If not, Would it be safe for me to let him know?
3) i have read over the internet that ppl are advised to go for a normal divorce even after exparte as the opp party can contest the decision anytime(even after 90 days). Is it true?
4) In my case, divorce with mutual consent will not be possible as the guy will not agree to it. Please advice whats the way out. I really dont have the time and the energy to go through the same pain of going to the court again and again...
looking forward for you reply desperately....Pls help...
Regards,
Raaj
Anonymous
03 April 2010 at 12:20
iAm maternal uncle who was decided legal gurdian of orphan minor childern agianst paternal grand ma of childern in district court which was Appealed in high court unde first appeal which was dsposed saying
'This is Appeal filed aginst impunged jedgement passed distr court. in view of section 47 of GUrdian act 1890,it would be Appeal from an order and the not first Appeal which would be tenable. In view of that First Appeal be registerd as Appeal fro order and may place before approriate bench'please simplify what does that mean?
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child custody
i have filed divorce for mutual consent. I am currently having custody of 5 and half years child. She is very happy with me and does not feel like meeting father inspite of me convincing. She is aware of his nature of cruelty and hates him.