Anonymous
14 December 2009 at 15:25
Respected Lawyers,
My wife has got divorce in lower court - civil senior division and I want to challenge this order in its upper court - district court. She has not filed the case in family court else I would have to appeal in high court but in this case since civil court has given the decree, I would like to know what is the appeal period for district court in divorce cases. Generally for appealing in high court it is 3 months but for district court what is the period of appeal?
Thanks
Anonymous
14 December 2009 at 12:57
We got married on 30th May 2008 and my wife hardly stayed with us. In the month of 0ct 2008 without informing any one of us left our home and on 11th nov 08 sent a legal notice cliaming maintenance under 125(1) saying that i throw her out of house which is falls and we replied asking her to come back. But in the month of march09 she filled a case under 125(1) and the petition says that my parents and me had harassed her for dowry which she and her mother cliams is false.
She also cliams that she was not given sufficient food to eat by my mom which is falls since my mom was in canada after our marriage for my sis delivery.
All this is happening bcoz she wants only money and nothing else
once she openly told me that she married me only for the sake of money and property. She was not interested in marraige and her mother forced her so that she can extract money from me. The root cause for all this is her mom who works for women welfare org. Since i have a solid proof abt all the evil deeds of hers i want to now how can i come out of the case without paying single rupee to her.
I also want to now if there r any chances of her filling case under 498.
the petition copy clearly says that she is only for money and nothing else.
Pls suggest what i can do
adv.renu sharma
13 December 2009 at 20:12
A marries B who is A's brothers widow. is this marriage valid marriage acc to hindu marriage act 1955? or it cover under the coustum of punjab?
Rajasekar
13 December 2009 at 09:12
I am Assisting the prosecution for offence u/s 498-A against the my client' s husband, and also I have filed divorce petition against the husband. The main allegation that the husband is the impotent and treating the wife in cruel manner.During the trial in the criminal case, the wife has deposed that she is a Virgin. Now the husband has filed a petition seeking direction from the court to send wife for virginity test. The petition has been filed without stating any legal provision. Kindly guide me in this stage.The wife is not agreeing for the test,.
Anonymous
12 December 2009 at 18:52
1. Is it mandatory for both parties to follow the consent order passed by the court?
2. Is it possible to file and appeal against a consent order?
3. If any party goes back on the consent order then in that case the court nullifies this consent order or modifies the consent order taking into consideration the concerns of one or both the parties?
Anonymous
12 December 2009 at 12:29
sir,
my father-in-law expired last year. his heirs are two sons and a daughter(who is divorced and living with us). my father in law owned a garment shop in which my husband was doing business with him since 20 yrs. my brother in law had got seperated(not legally) and was running another shop which is in my husband's name.my father in law did not make a will
after his death my husband took a new trade licence and vat registration on his name and started running the business
now, my brother in law is suddenly coming in the shop and demanding that he too has rights to sit and do business from this shop as it is running much well comparitively. the elders of the family tried to make him understand, also we tried with some monetary settlement but of no avail. we filed for an injunction order in the court, of which the proceedings are still going on. my question is that will the injunction order be granted,how long can the proceedings go.and due to which points can it be cancelled or revoked.
thank you. pls reply at earliest.
rocky
11 December 2009 at 22:38
please give me your valuable advice so that i can save a family.My uncle stays in UK. He married a girl who was also working in UK during 2007. Due to imcompatibility, the marriage broke down after A YEAR. NO ISSUES. They both started living separately. After some time, through her people, she collected all her belongings. At the time of taking away the belongings, her people assured that the girl herself has instructed to obtain her belongings since she wants separation and that they too are in favour of it and that they would not create any problem since they are keen for a peaceful settlement. The girl was kept informed of their assurance and also the fact of deliving all her belongings through e-mail and letters. She did not respond(but later in the complaint filed with the police she has confirmed the receipt of all her belongings). However, after collection of all her belongings, her people went back on their assurance and continued to dodge withy various demands. After waiting for a considerable time my uncle flew down to India in the beginng of 2009 and filed a divorce case. After a lapse of six months of the filing of the case by my uncle and after issue of the notice by the Court, the girl returned to India and hoisted two false cases against my uncle's family i.e. one under Prevention of Dowry Act and another under the DV Act, in DIFFERENT COURTS. The Court which is handling Dowry case has issued non-bailable warrant to my uncle. In the Court which is dealing with DV case, she is pressing for issue of direction to the Passport Authority to impound or cancel the passport of my uncle. In this background, I want your advice on the following points:
a) Can the Court give direction to the Passport Authority to impound or cancel the passport, particularly when my uncle is not in India and particularly when the alleged allegations are not yet proved by the court?
b) Since the cases filed by the girl are in the nature of counter-blast to the divorce application filed by my uncle and particularly when she has filed these two false cases after the issue of the notice to her under the divorce case, can my uncle challenge both the cases in the High Court?
Please enlighten my with your valuable advice, with case laws if any. You will be doing great service to the family in distress. Thanks.
Anonymous
11 December 2009 at 16:44
My father has ancestral agricultural property and two houses. Only one portion has been divided between my father and my uncles. Other property are still in joint name of my father and my uncles.
My mother, was living separately with another person since last 15 years. But my father and mother are not separated. She is living in the house owned by that person. The telephone connection to that home is in my mom's name. They have joint Bank account. But they are not married legally and not divorced my dad. My dad died last year. Now I want to file partition suit.
My question is: Whether my mom also get share in that property?
My mom went away with another person when I was just 7 year old. She did not took responsibility of her children or husband. How we may prevent her from taking share in the property in the circumstance mentioned above?
ashish
11 December 2009 at 16:13
My Uncle and dad purchase the one property in joint name .Then my uncle has traseffered his share to my dad my notary in 1997. Same property attached by the Income department in 2005 for income tax demand outstanding of more than 25 lacs.
Our being joint family.Our uncle and my dad live together from thirty years. they dont have any property from there father .everything is being created by both of them. my uncle has made a decree order in 2007 that everything created by me only and for sake I have made some property in brother name. and my dad has signed the decree order before district court . Now we are living separately from my uncle .Now i come to know about this decree order after one year.
how can I legally challenge the order please guide me.
Is the decree is invalid as income tax department is already attached the property ?
Is any use of that Notarty paper of 1997?
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