RAJU Kumar
03 October 2019 at 00:14
my sister's husband is Assistant Sub Inspector, has been beating her and for the past couple of years and mentally harassing her. She has registered a complaint against her but he still continues to mentally harass her. What should be the next step to be taken and if a divorce situation comes, what will be the outcome of this?
vetrivel
30 September 2019 at 16:02
Hi Sir
I got ex-parte divorce in the month of march, 2019. But i haven't received the divorce decree yet. What is the reason for taking this much time.
When ever i ask my lawyer , he says we will get it soon.
Please advise me why it is taking so long for the court the provide divorce decree ? How can i get it soon?
thanks
Anonymous
29 September 2019 at 23:17
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.
Anonymous
29 September 2019 at 23:13
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.
Anonymous
27 September 2019 at 13:32
Dear Sir/Madam,
This is to inform you that i am married since 10 years and have filed a DV case against my husband and his family last year but there is nothing happening with the case since there is no Judge available in the court since 4 months now. I have been only getting new date since a year. Not even a single hearing has happened. Nor my husband or his family has appeared in the court,though his lawyer comes and takes a new date and goes away. I have a 7 yrs old daughter and have been managing everything on my own since my husband has deserted me and my daughter since 3 years. I really wonder if these kind of cases are happening in cities then what would be the case in rural areas. I am so disappointed with the whole court system and have lost all the hope.
Have some questions related to the same:
1) Since there is no Judge available since 4 months now and till not there,what is the next step that i can take?
2) Can i file Divorce case along with maintenance case against him along with the DV case?
3) Since Divorce case will be filed in a different court,is it a possibility that Divorce and maintenance case will be taken care faster than the DV case?
4) Do i have to appoint a new lawyer for the Divorce and maintenance case or the same lawyer can take care of it since its will be in a different court all together.?
5) In case i apply for a Divorce and Maintenance case,then what happens to the DV case that was filed 1 year back??
6) What happens on maintenance and divorce if my husband doesn't show up on any proceeding??
Request you all to give prompt reply.
Best Regards
piyali
21 September 2019 at 21:06
Respected All,
Kindly provide your expert suggestions on a below matter related to my friend.
A couple is separated ( and not interested for legal proceedings) for 7- 8 months without divorce or judicial separation, wherein the child age of 11 living with her father as the mother is deserted both. The father lost his earning source as a need to take care of his child and mother is working but do not provide any financial support for her child even.
Please advice on below points:
1. If the mother is not supporting her child financially, Can we do something about it legally?
2. Is there any judgment which supports this condition or related to this?
3. Is there any law or guidelines which can direct the financial stable mother to support her child?
Any information and guidelines will be a great help in order to save a child's future.
Thanks in advance.
Piyali
Anonymous
20 September 2019 at 15:32
Sir. I got divorse in 2017 with mutual consent where 5 year child will remain with my ex- wife. I have only visitation rights as per the joint pursis admitted by both . There are no other conditions laid down in decree about child's welfare, education and medical etc. But visitation rights is not executed by my wife. In addition I am Government servant
i want share equal responsbility for childs education, health and maintenance. My department have unique facility of medical and education which want to enhance to my child . But my wife has denied for enhancement of facility to my child. What should I do? My divorce decree can be modify?
HELLO
19 September 2019 at 12:37
Dear Sirs/Madam.
RCR has been filed on 06-06-2018 and I have been in separation from wife since 10.11.2017. She has no interest to rejoin, whereas she is misguided by her counsel and they are intending to get orders for money around tally of 22 lakhs (marriage exp+reception exps+ engagement exps+house warming etc). Now we are nearing minimum separation of 2 years and I also not willing to live with her anymore. But im in a situation of not filling divorce where she is expecting me to file and steal money with orders by court. She also filled IA -Articles return with back up of utensils –incl (spoons-small 8, big 2 as such). This shows how money minded she is. Please advise how to rescue from her. I have accepted to return her articles but they're arguing they'll take the property only if orders passed for IA and they're tempting us to file divorce under cruelty. Oppn counsel is dragging the case as much for money. Please help me how to defend from her claim of marriage exp etc which is not been able to reimburse.
Regards
Shivraj
Sachin Srivastava
18 September 2019 at 07:40
Hello,
I want to file child visitation and custody.
RCR is going on but wife is not appearing in it so I want to file a seperate case
Please advise whether I should file it in section 6 a off hindu minority act or section 12 25 of GWA act?
Which one is better for father if son is 3 years old and wife is not allowing to talk to son since last 2 years ?
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Domestic violence
I got contested - exparte divorce in 2017. She filed a Maintenance case and herself withdraw in the year 2017 after outside of court settlement.
She is carrying my daughter. In none of the cases, didn't talk about my daughter. I wrote a petition to my daughter's school to understand about her study details in march 2018. School principal intimated to her. She immediately denied to share about my daughter's educational details by replying false statements.
She filed a complaint in Social welfare women's protection against me, my father and mother. Social welfare officer asked us to present on June 2018. We replied through letter to share the complaint letter and then no reply.
Seems that they forwarded to the court and filed case under Domestic violence case (DVC) in Judical Magistrate, additional Mahila court. That is, recently we came to know that the domestic violence case filed on November 2018 without issuing any notice to us from court. Also, the petition got allowed with 13 hearings and Judgement made then case disposed in May 2019. Heard that her lawyer is Additional Public Prosecutor 2.
How it is possible to file a case against us without issuing any legal notice?
Is that judgement valid(null/void) Judgement?
Can we go for appeal in high court?
If no, in the same court (trichy) appeal is possible? We feel no safety for our lives if the appeal goes on the same court(trichy).
So, can we approach hight court to run the case in between trichy and tiruvannamalai?
What legal actions we have to take now to protect ourselves against judgement?
Thanks in advance