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kiran   01 August 2009 at 18:13

Divorce

Hello Sir/Mam,

I am undergoing a divorce and currently the case is at the stage of Cross examining the Petitioner(Myself).

Issue : On the day of cross examination in front of the Commissioner(Lady advocate), the Respondent(My wife) was present but their lawyer was absent. Subsequently, there was no cross examination and the commissioner wrote a letter saying due to absence of Respondent's lawyer the Evidence is being closed.

And I signed on the same letter, but Respondent refused to sign the same.

Question: Hence, I would like to know
1. Can we use such action to our advantage

2. If this action of Respondent and their lawyer could be favourable in my case.

Also, please let me know your suggestions on proceeding further.

Thank you in Advance.

Mukesh   31 July 2009 at 18:17

Section 498A - Where to apply for AB

I had earlier asked a question in this forum regarding harassment by inlaws and the learned members had very kindly given good advice.

I am a resident of Burdwan(West Bengal). I have recently been transferred to Bhubaneswar (Orissa) by my employer with my family. To safeguard against any misuse of 498A by my inlaws I want to take AB. My question is
1) Where should I apply for AB ? In Burdwan or Bhubaneswar ? For obvious reasons Bhubaneswar will be convenient. Please suggest. Whether the same shall be valid in West Bengal?
2) Am I obliged to my wife and inlaws about my transfer to Bhubaneswar or first I should get AB and then inform.
3) Where the further proceedings will take place?

Chandrashekar   31 July 2009 at 16:36

Child Custody

Hi!!

Myself and my wife ar living separately for he past 6 months, I have filed for a divorce in the chennai family court, however my wife subsequently filed a petition for separation.

However my only daughter born on 27th Mar 2005 is inmy wife's custody and she hasn't allowed me to speak to my daughter telephonically nor meet her physically from the past 6 months.

However my petition in the family court is only for divorce and not for child custody as thought my wife would agree and allow meto have a proper relationship with my daughter.

However now my daughter who was closer to me then is very averse towards me as i think my wife and their family have poisoned my daughters mind. This i got to know once while i met her near the school and she did not wanted to come to me.

My wife is working employee, she works from 8 am to 8 pm, she is staying with her parents and my daughter is with her taken care by he maid servant and her parents.

I am currently engaged in a consultan since i lost myjob recently. However there is no issue on that irrespective of whether i have a job or not i can take care of my daughter at the same standards how i have taken care of her from her birth.

Now i am contemplating to approach the madras high court for child custody. Under current situation, what are my hances of getting the child custody and what would be the implications.

Adv. Deepak   30 July 2009 at 23:35

Restoration of divorce petition - procedure.

What will be the court fee to be affixed to the application for restoration of divorce petition in Maharashtra. Could you please guide me. Thanks and regards.

N Thiruneelakanden   30 July 2009 at 19:55

Divorce and Restitution of cojucal rights

Husband filed divorce petition before a court and it was allowed in exparty. Wife also filed a petition for restitution of conjucal rights before another court and it is pending in a couselling stage before beginning of trial. whether husband can remarry another women.

R.V.RAO   30 July 2009 at 12:16

OWNNERSHIP OF SELF ACQUIRED HOUSE ON DEATH OFFATHER

SIR,
MY FATHER PURCHASED A HOUSE IN HIS LIFE TIME.HE PASSED AWAY WITHOUT WRITING A WILL.
MY MOTHER WHO IS ALIVE-CAN SHE BE CONSIDERED OWNER OF THE HOUSE FOR PURPOSE OF ANY SALE OR GIFT OF THE HOUSE?
IS IT NECESSARY THAT WE ALL SONS AND DAUGHTERS(ALL MARRIED) AND MAJOR GRAND CHILDREN SHOULD FILE A NO OBJECTION CLAIM AND DO WE NEED TO ARRANGEA SUCCESSION CERTIFICATE FOR HER FROM COURT AND THEN TRANSFER THE HOUSE IN HER NAME? OR IS IT NOT NECESSARY ,TO ENABLE OUR MOTHER TO SELL OR GIFT THE HOUSE WHATEVER WAY SHE WANTS?
RGRDS
R.V.RAO
raovr2001@yahoo.com

Adv. Deepak   28 July 2009 at 21:07

Restoration of divorce petition - procedure.

Resp. Sir/Madam, For restoration of divorce petition, is it necessary to produce certified copy of the original petition dismissed for default. Can it be produced afterwards. Kindly advise.

Vikram Chandra   28 July 2009 at 11:24

Hi !

Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged.

regards,
vikram.

VIKAS WALIA   28 July 2009 at 10:58

Decree of annullment under section 12(1)(c) of HMA

Respected All ! I would like to invite your opinion over the issue regarding a lie told by the bride before marriage with regard to her educational qualification, whereas, in fact, instead of M.A. English in first division as claimed by her, she is only graduate, that too in third division. Furthermore, the certificate of MA-Ist year furnished by her after one month of her marriage, clearly depicts the forgery in the said certificate because it could be clearly legible that she has failed but in her futile attempt she had forged the said certificate and changed the marks thereby declaring herself as passed the said exam. Thus my question is that, apart from prosecuting her for forging the certificate u/s 466 IPC shall i have any chance of getting the said marriage annulled u/s 12(1)(c) of Hindu Marriage act

Suchitra. S   26 July 2009 at 18:56

divorce through SMS

Sir, I want to know whether a muslim husband can send an SMS to his wife which contains 'Talq" , is it a valid divorce?
PL explain what was the opinion of court in Chand-Fiza case?