Dipak
24 July 2013 at 12:02
A husband from foreign country had given power of attorney to his father for doing all acts necessary for dissolve marriage by filing petition for mutual divorce. The notarized stamp paper agreement of mutual consent divorce has made between wife in person & husband (-through power of attorney holder).The POA holder of husband has done his signature in agreement and notary behalf of the husband. After that, wife & POA holder of husband both have presented petition u/s.13B of H.M. Act in family court. Now, Wife does not want divorce and wife has come to know that the power of attorney given by husband to his father is not valid as per law. So, wife wants to cancel the notarized agreement of mutual consent divorce by showing the reason that POA is not valid as per law. Wife is known well that there is no validity of notarized stamp paper divorce in the eye of law but still she wants to cancel the notarized agreement of mutual consent divorce on the ground of invalid power of attorney.
Que-1: How can she cancel the notarised agreement of M.C.D. made between wife and husband (-through INVALID power of attorney holder)?
Que-2: Can she approach to civil registrar (Nazar) OR put claim/case in court for cancels the notarized agreement of mutual divorce proving that POA is not valid as per law?
minsal
24 July 2013 at 11:43
Dear Expert,
This is my first matter in family court and I am contesting on behalf of Husband.
in my matter I filed an application for child visitation. Wife was not agreed for the same but her advocate made statement that she is ready to allow the father to meet the child on Saturday - Sunday. Court passed the order accordingly but the father is sure that his wife will not allow him to meet the child.
under the circumstances what we have to do and what precaution we have to take?
Further the court has passed an order for interim maintenance but due to crises father was unable to make the payment of four installments (Two installments of arrears amount and two installment of current months maintenance)and wife has taken out R D Application for recovery (with intent to harassment only) can she deny for visitation on the ground of default in payment of maintenance?
reply me Plz. it is a very serious matter.
mycent
24 July 2013 at 11:42
Dear Experts,
Will the monthly variable component of the salary be also included for deciding Maintenance to wife u/s 24 of HMA or only the monthly fixed component is taken as base ?
Any citations/Apex Court ruling to support that only fixed component to be considered for deciding maintenance.
Your expert advice is highly solicited.
regards,
mycent
Arun Laxman
24 July 2013 at 10:01
In 2000, X, a hindu women, marries Y and without going to court they executed a registered deed of divorce on 2002 n got separated.
In 2005, X marries Z by intimating tat her 1st marriage was dissolved legally. In the same year, due to some family rift, X went to her parent house n never came back to matrimonial home despite many request for cohabitation made by Z.
In Feb 2013, Z came to know about the execution of deed of divorce between X and Y and they have not dissolved their marriage legally thro court of law.
Now Z wants to file a petition U/S.11 of Hindu Marriage Act in family court to declare the marriage between him n X as null n void.
(All the parties are hindu and there is no customary practice of dissolving marriage by parties themselves but it is a valid registered deed of divorce.)
1.Whether is there any limitation for filing such petition?
2.Whether such petition u/s.11 is maintainable if filed by Z or whether he has to file a suit for declaration to declare his marriage as null n void?
Cite recent case laws too.
Dheeraj kumar
24 July 2013 at 06:37
hello experts
I would like to know the Marriage Act Amendment Bill which is approved by cabinet from when it will be going to be treated as law.
Thanks
Rakesh Kumar
23 July 2013 at 22:47
Does Stridhan includes anchesteral jwellery of Husband's family, jwellery belonging to MIL or SIL etc. Last year my wife forcefully took all above jwellery & kept it in her locker. My mother lodged FIR against her but no action was taken. Now how can we prove in Divorce case that she is in possesion of all above mentioned jwellery including her own jwellery which was gifted by our side to her?
joseph
23 July 2013 at 20:09
Dear Experts,
I married a Girl from the Hindu Community and I'm from the Christian Community the marriage was done in a church with a Registered Pastor all the photographs and videos were taken during the marriage. But for our marriage both our parents was against. Now every thing was going well her mother use to come to visit now and then i though everything is settled down and her mother use to do a frequent visits now and then. But a year later my wife said she had her brother marriage and want to go and visit them and never turned back and sent a message stating that she will file for divorce all this had happened in 2009 and 2010.
now its almost three years I dont have any hope of her returning back. neither I dont have her message with me to retrieve as proof. I will like to file for divorce either through mutual concern or any other way. But we are not sure whereabouts of her as when we inquired her stay they said they are no more staying in the previous address. so we dont know where they are staying.
As well I would like to know the maximum duration that the court require to Issue the Divorce and as well is there any possibility that we can get at the earlist from the court like within months or weeks of Time. As this is very much effecting my carrier and in other things I would like to remove her name from the passport as my passport has her name under spouse.
Please provide some valuable information on this.
Thanking you all,
Joseph
sukhpreet singh
23 July 2013 at 19:39
i have got divorce and wife put fao in highcourt after 3 hearings court order to pay me 6000 per month for her maintance and forwaded the case in mediation centre now.. i dont want to take her home back and dont want any compromise with her.. plz tell me if in mediation centre the mediators can forcly order me to take her home back or they can force me to do compromise with her. what should i do i dont want any oatch up with her.. if i refuse to do any patch up with her in mediation center can highcourt dispose my decree of divorce given by trail court..plz suggest me
joseph
23 July 2013 at 19:36
Dear Experts,
I married a Girl from the Hindu Community and I'm from the Christian Community the marriage was done in a church with a Registered Pastor all the photographs and videos were taken during the marriage. But for our marriage both our parents was against. Now every thing was going well her mother use to come to visit now and then i though everything is settled down and her mother use to do a frequent visits now and then. But a year later my wife said she had her brother marriage and want to go and visit them and never turned back and sent a message stating that she will file for divorce, but i never received any divorce file or a lawyer notice all this had happened in 2009 and 2010.
now its almost three years I dont have any hope of her returning back. neither I dont have her message with me to retrieve as proof. I will like to file for divorce either through mutual concern or any other way. But we are not sure whereabouts of her as when we inquired her stay they said they are no more staying in the previous address. so we dont know where they are staying.
As well I would like to know the maximum duration that the court require to Issue the Divorce and as well is there any possibility that we can get at the earlist from the court like within months or weeks of Time. As this is very much effecting my carrier and in other things I would like to remove her name from the passport as my passport has her name under spouse.
Please provide some valuable information on this.
Thanking you all,
Joseph
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Delay with dates
Hi,
My cases are pending in court from 2011 of maintenance and divorce in 2012. My husband never attend the dates he appear on feb and filed the W/s that he has already taken exparty divorce without divorce papers after that he not appear till date I come to know that he has got second marriage and have a baby boy. Now the only option for me is to get the divorce from him but he is not filing the papers and not appear the date as it is too late for me I was already not aware about this exparty and when he wrote this in his W/s but not enclosed the paper I am waiting the time but got date every time after 2-3 months later now i got next date of Oct 2013. I m not sure he will appear on that date or not. I have filed my antrim papaers so that I can get expenses to restore the case of exparty divorce.
Suggest me what shoud I do in this 2 months so that on my next date of oct he can not avoid.
Regards,
Anshita