M.V.krishnarao
04 January 2010 at 23:28
One of my friend's daughter facing family problem with her husband and his family members the details are narrated below.Kindly advice us how to proceed legally.
Details of the case
Both Wife and husband are Indian citizens - marriage held in Andhra Pradesh on 17-02-05, while the husband was working as a software engineer in USA on H1 B visa and Wife a qualified professional BDS Doctor went to USA on dependent Visa - lived in USA out of wedlock for about three years- son born in USA on 03-08-07- both returned back to India in January 2008 to attend the marriage of husbands brother - wife a dentist- written TOEFL , GRE etc., while they were in USA – Wife got admission for MS in US- wife was sent by her husband to US for studies in MS on student Visa in Sept 2008. He assured his wife that he will be back to US after settled some issues with his father and his other family members - she went to US along with son for studies in Aug 2008 - husband has not joined his wife at US as assured instead - He filed Divorce petition (A.P – India) in the court u/s 13(i) (1-b) in Sept 2008 – Got exparte orders without service of summons on his wife in March 2009 – Wife visited India in Aug 2009 – When she went to her husbands house she was abused kicked out by her husband and his family members saying that they got the Divorce orders – Wife filed set aside petition in the same court – The petition is subjudice for trial in the court – Wife went to US for completion of her MS course of studies – Son with the maternal grand parents at ( A.P - India) – Now she intend to file a petition in the court of USA for maintenance of her son (minor male child) who is a citizen of USA in the status of mother as natural Guardian – If the decretal order if any of the US court favours the plaintiff or the petitioner the wife, can it be executable in India?
Thankyou very much for the reply
In addition to the above please advice us to the following doubts?
If the US court send the summons through due process and if the summons were served on the Husband in India, If he fails to attend the court at US the court may pass ex-parte orders.
Whether the ex-parte orders can be executable in India?
For the ex-parte orders passed by the US Court, in which court can he file set aside petition or appeal whether in India or US
Please furnish the Apex court order No and date of judgement.
with regards
Anonymous
04 January 2010 at 23:15
my wife has filed false complaint against me u/s 498A of the IPC,the said case is pending, now can i file a divorce case against my wife.
SATYANARAYANA K
04 January 2010 at 21:16
After obtained Mutual Divorce Decree from the court a Hindu woman may seek again maintenance from her husband or not. If not mention about her future maintenance in the mutual Divorce petition in terms and conditions before the court at the time of mutual settlement. if yes which section apply, please tell, my quarry is it applicable u/s 125 of Cr.P.c or section 18 of Hindu Adoption and maintenance act please reply.
after got mutual divorce she did not marry to any one then is she eligible to get maintenance from her husband.
i am waiting for your valuable reply
Anonymous
04 January 2010 at 18:26
If the a woman had got married to a man with a fraudulent intention then can it is said as a void marriage
mehul dave
04 January 2010 at 17:36
resp.sir(s), my query is as follows.....
my uncle and aunt are residing in mumbai...they got married in the year 1976. at the time of marriage both were minor i.e. bride was 17 years old and bridegroom was 19 years old.....the marriage was held at their native place in gujarat. the marriage is not registered yet. they both are having passport. at the time of following procedure for passport they gave affidavit in lieu of marriage cirtificate. on the basis of this affidave they wwere issued passport. now they are proceding for abroad and the visa authority is demanding for marriage certificate. my uncle tried to get their marriage registered but the marrriage registration authority is denying on the basis that both, the bride and the groom were minor at the time of marriage. my query is ........
is there any solution for this? can this marriage be registered and can my uncle get the marriage certificate..? what is the relevant provision in hindu marriage act? i request you to kindly guide me in this regard. if there is any confussion in above matter plz ask for necessary information. thank you very much......
Anonymous
04 January 2010 at 14:41
One of my friend's father died an year ago. Her father was living in a house which was his father's earned property. My Friends father has one son and one daughter (my friend). My friend got married in 1995. Now Son (friends brother) is saying that She is not eligible for the property as she got married. Also that my friends mother is still alive.
I want to know if my friend is eligible for the property of her grand father although there is will.
Anonymous
03 January 2010 at 22:03
thanks sir, i shall be very thankful to you for advising me.
Anonymous
03 January 2010 at 21:44
thanks sir, but one more question....my father asked me that "you have no right to speak to your uncle's on division of property matter" please tell me can i have such right or not?
milind
03 January 2010 at 21:22
dear sir
one of my cousin cousin brother's wedding took place in june 2006.i was not present on the wedding. within 15 days of their wedding their relations soared.the wife of my cousin cousin lodged police complaint under 498a and also framed me.the police without any investigation of my role, submitted the chargesheet in court stating me absconding. interestingly the same police station has given my antecedent record in 2002.it means they knew my new address and proffession but in the chargesheet they stated my proffession as labour and absconding.the case is in the court.
Recently the same girl's father lodged another complaint under domestic voilance.in said case also he has given all false details.on the mentioned dates in the case i was on duty.also the place of my duty is 650 kms away from the said place of incident.
i know that the law will definitely consider my side.but at present i am undergoing mental harrasment from last 3 years.also i dont know what type of false case he will lodge in the coming time.he has indirectly asked to give 5,00,000 to him presonally from me.the man is using the law and govt machinary to extort money from me.
kindly help me.till date i have spent more than 50,000 rs in appeal and conveyance.
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