Anonymous
25 March 2010 at 16:05
Case Details:I had Filed a Divorce Suit after 6.5Years of Desertion and as reply Respondent (Lady) Filed Affidavit for Maintenance u/s 24 HMA, I also have two Children who are 8yrs (Son) and 6yrs (Daughter) Respectively.
My Quest:If I want to file for a Permanent Custody of my Children u/s 6 of Hindu minority and Guardianship act ,can it be done by filing an affidavit to Main the Divorce suit or a separate Suit needs to be instituted ,I am not interested in Interim Custody u/s Section 26 of HMA?
I am representing my own case no Lawyer?
Harijot
25 March 2010 at 12:08
Following r the facts of the cases. plz give me decided cases in regard of this
kiran arora has passed her MBBS from medical college on feb 20,2001. a proposal for her marriage was made through their neighbour sh Jai. he told them that the boy has passed his mba from commerce dept GNDU amritsar & is employed as executive in a big concern at chandigarh. the same was affirmed by the brother in law of the boy. the girl gave her consent in the representation & they got married on March,01.
AFTER TWO MONTHS of their marriage the wife came to know that her husband had passed BA with diploma in business mgt & was undergoing trainig in factory.
So she field the petition for nullity of marriage u/s 12(1) of hindu marriage act ..
me is on the boy side
plz help me ,with cited judgements... its urgent..
Anonymous
24 March 2010 at 21:35
any expert,can u please give citations to amend the 125 cr.pc petition under order6 rule 17 of c.p.c. please.
Anonymous
24 March 2010 at 19:43
what is the consequncy if on of witness has signed without knowing anything during registration of marrg.
Anonymous
24 March 2010 at 19:35
how to get registered marrige cancelled on realisation of mistake of giving consent to it.
Arvind Singh Chauhan
24 March 2010 at 18:08
Sir my client was odered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- In Uttarakhand. My client's wife has applied to court for enhancement for Rs 2000/-.
Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which may be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act.
Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.
Hasina
24 March 2010 at 17:05
I m muslim. My grandfathether has transferrd anchestral agricultural proprty by way of gift (HIBA) to child of his choice & not to all his children.
My query is can he do that & if yes what remdey is available to me to claim share frm that proprty.
According to my interpretation of muslim law, Muslim personal law is not applicable to agriculture land (Since in law it is writen that "Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in case where the parties are Muslims shall be the Muslim Personal Law (Shariat)".
Please advice sutably
I will be very thankful.
Anonymous
24 March 2010 at 13:16
I got Married in Feb' 06. I have filed divorce petition (OP) in Feb' 08.I have no children. In April' 08 respondant (my ex wife) filed interim maintenance in OP case. interim maintenance order in June' 08. Meanwhile she has filed Final Maintenance in April' 08 in MC case. The final maintenance in MC case ordered in Dec'08. i had paid interim maintenance every month till August' 09 (OP case ordered in August' 09).
Now my ex wife filed MP and asking for final maintenance from April'08 (from the date of application) as per order. But when I have paid interim maintenance in OP case and again they are asking final maintenance for the same period which I had paid Interim maintenance.
Please clarify does interim maintenance in OP case and final maintenance in MC will be imposed in the same period or the interim amount, which I had paid will be deducted from the final maintenance.
please help me in this regard. expecting your kind adivce.
regards
Brahmam
Anonymous
24 March 2010 at 12:41
Sir,
one of my friend got married 6 months ago but his marriage was not successful more than 1 months as his wife have an affair with another man. after the marriage they went for honeymon where his wife behave so much strange to him. and after returned from honeymoon, she ran away without telling anybody. her father filed a missing complaint in police station and after 15 days she found in a hotel room with another boy at a another city. now my friend want divorce. pls help regarding filing a divorce petition
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judgement on merits or on wish?
Hello,
In the same forum I read that court can not bind husband and wife together if one of them does not wish to live together. My question is then what is the use of available grounds for divorce and why one has to prove the mentioned ground to obtain the divorce if it was so simple ??
What if the trial court gives the judgement of divorce to husband though he has not proved the mentioned ground successfully but only shown his strong wish for divorce, can one go to upper court? What type of application is required ? Appeal or revision? Is the appeal in high court possible if the trial court gives such a judgement ?