INDIAN
13 July 2013 at 16:22
Respected Experts , On filing 498a Complaint my husband refused to lived together and police is not registering the FIR with reason I have filed 125 and my husband HMA13. Police is saying that as already court cases are there so they can not register FIR. Is it true that if other matrimonial cases r there then 498a can not be registred ? I doubt that opposit party must have bribed to reader of the DSP as he is always favoring to opposit party. Now what can I do to register the FIR thru police ? My advocate is saying that we can file the writ in HC if police will not register the FIR . How much help ful is this thru HC ? Kindly reply.
c. shah...
13 July 2013 at 15:09
After entering the mutual consent divorce petition u/s.13B in family court, first party has decided to remain absent in next date of first motion proceeding as she does not want to divorce and want to dismiss the petition. She does not want to withdraw her consent from M.C.D. due to certain reasons.
Que-1: Should her lawyer remain present in first motion proceeding of M.C.D. in court if party has decided to remain herself absent in court to dismiss the M.C.D. petition? What loss/harm to party can occur in this case if party and her lawyer both remain ABSENT in first motion proceeding of M.C.D in court without given any clarification or intimation of their absent to court?
Que-2: Can court dismiss the petition at next date of first motion proceeding or it takes time upto 18 months from entering date of petition to dismiss the petition if party and her lawyer both remain absent in next dates after entering petition of M.C.D. u/s.13B without given clarification of absent to court?
Banka Sudhakara Rao
13 July 2013 at 11:33
Please tell whether unsound(mental) or impotence voidable after one year?
I mean...
If S.5 of Hindu Marriage Act attracts and after one year of marriage if one of the party among spouses is proved to be impotent/mentally unsound (like schizophrenic)... then will that marriage attract voidability U/S.12 of Hindu Marriage Act? Will there be any question like voidability can be questioned within one year of the marriage only! (I wanted clarity with regard to 1976 amendment of Hindu Marriage Act). I hope you understood my querry !!
Dixit Patel
13 July 2013 at 11:17
Dear Sir,
1)What are the steps for a divorce in mutual consent in India.
We Registered our marriage to the court on dated 10.05.2013 and we both are not stay together for a single day and now we both husband & wife wants to divorce on our mutual consent please give me a your advise and procedure for the same and also time period for that.
Please do the needful as soon as possible.
prithvi
13 July 2013 at 10:42
I got x party divorce from lower court and remarry after 4 months of order date?
after 6 months my ex wife gives application to reopen ...although in my divorce suet she appears in starting with power of lawyer but never pursued for more then one and half year so judge proceed for x party and i got the order nearly in 2 years from date of filing .
Now my question is if case reopens then is it possible that court solemnized my second marriage?
Additional Details
i got x party divorce order and after 4 months from order date i remarry
and my x wife gives application for limitation and reopen after 6 months
Sundram N
13 July 2013 at 09:52
Dear Sir,
Kindly share your expert view that, at what stage, I can file divorce case against the cruel wife. 498a case is finally charge sheeted in which almost all the allegations are made false by IO but my bail is pending till now. Wife already filed maintenance case u/s 125 to extort money. I have two children whose future are blackmailing by her.
I have evidence recorded in my mobile in which, she clearly said to throw out my old age parent and my younger brother. She crosses all the hate of line, saying me to murder to use knife. Her parent and elder sister is conspirator in such cases.
Kindly suggest that, can I file divorce or wait till what stage of the case of 498a and 125.
San
13 July 2013 at 09:15
Hi,
My contested divorce was rejected by Family Court in Pune. Further I appealed in High Court of Mumbai. Mumbai court assigned a mediator in the case and we went for mutual divorce. Now that the divorce was done I got a certified copy of my consent terms, mediator report and a 2 pager statement from Mumbai high court that parties have decided to abide by the consent terms and the case has been closed. But I did not get anything called as Divorce Decree and my lawyer mentioned you wont get this as the case was mutualy converted in HIgh Court. I wanted to know if this is normal procedure. There are lot of places where divorce decree is required like removing spouse name from passport etc. Will they accept my other documents as a proof of divorce? What is the process to get a copy of divorce decree in this case if its must. Appreciate some insight on the same.
Regards.
NJ
12 July 2013 at 23:50
Namaste,
I filed a divorce case in Sessions court in May last year. My wife has moved an application u/s 24 HMA. The court is yet to take a decision regarding interim maintenance. I want to know what happens if I withdraw the divorce petition, before the next hearing.
1. Can the judge, at his discretion award maintenance regardless?
2. Can my wife go to higher court if I withdraw the petition?
Thanks for your informed opinion.
ChandanLawyersclub
12 July 2013 at 19:38
Dear experts,
Husband married from 10 years having no kids because of wife’s unwillingness to motherhood, His wife is not interested in child/ family . Husband is planning to file divorce on grounds of mental cruelty on him
1.Wife is not interested having physical relations with husband for procreation of child
2.Wife has taken sole decision of not having child, husband wants the child
3.Wife is not ready to adopt/ take help of artificial reproduction technique(ART) / surrogacy help for procreation of child
Husband need to proof the cruelty done by wife in court , what all proofs court will ask him ? Pl. help
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Quashing of 498a
respected sir my bhabhi filed a false dowry case against my brother and father and also file case for divorce but now she withdraw divorce divorce case.,y question us that is withdrawing a divorce case by bhabhi is enough for quashing fir in highcourt.
note the challen is not yet submitted in court after two years of fir.
please also tell me the requirements for quashing fir thanks