Member (Account Deleted)
05 July 2013 at 07:50
Respected sirs and madam!
I have posted this before but for some reason am unable to continue the same query.In brief,I have filed for divorce under cruelty and my cross-examination is going on.Opposition lawyer is just delaying cross.He appears for cross-examination by asking repeated questions and not asking questions saying his client is not present.he always wants to ask questions in next session.Previously respected experts have given valuable advice on how to tackle this.
I appeared for the 11th time yesterday.Previous judge said this was the last session but judge has changed now and he is granting more time for cross-examination.Opposition lawyer says he can`t cross-examine today as his client is not present.So I have declined to appear again in the future.Now opposition lawyer says he is going to appeal to high court to make me appear again.My question is whether the cross-examination of the respondent has to wait till this appeal is cleared or can it go ahead.Many thanks for your advice
sulu
04 July 2013 at 19:41
Respected sir
I m from kerala,22 year old,I belong to Hindu sambava (Scheduled caste ) by birth. My parents belong to Hindu Scheduled caste, now my parents believes in christanity,but i m not belive in christianity,, my problm is , i will not get sheduled cast certificate from village office, they reject my application and saying that my parents are beliving christanity ... but i belive in hidusm.what should I do?? if i embrace hinduism through arya samaj will i get reservation??? plz help me
c. shah...
04 July 2013 at 15:47
A petition of M.C.D. u/s. Sec.13B of H.M.Act with affidavit is signed and presented by first party in person and POA holder of second party in family court. A agreement/MOU of MCD also made by first party and POA of second party. The family court has recorded the petition. The next step will record of statement of both parties’- husband and wife and hearing of court about passing of order allowing the first motion. The first motion has not been agreed upon in front of the Judge. Now, first party does not want divorce and does not want to withdraw his consent because of awkward conditions.
Que: After signing and presenting petition with affidavit, If first party remain constant absent in next step of recording statement of first motion in front of court without any clarification and also remain absent in future, then what action court can take against first party? Can ex-parte possible in this case? Is there any judgment similar to this case?
Kebom Taso
04 July 2013 at 15:34
dear experts;
a women was shared a live in relationship is entitled to maintenance and other relief as per the provisions of Domestic violence act and as per the judgment of supreme court, if a women want to walk out of the live in relationship and gives her consent in writing but after few months she changes her mind and want to claim relief under the Domestic violence act, in this situation is she still entitle to get maintenance and relief under the provisions of Domestic violence act.
Law Querier
04 July 2013 at 12:42
According to Sec.13B(1) of Hindu Marriage Act,1955, The Court gets jurisdiction to consider a petition under Section 13B of the Act for divorce by mutual consent, only if a petition for that purpose is presented to the Court by both the parties to the marriage together.
According to Sec. 10(a) of the Indian Divorce (Amendment) Bill,2001, the Family Court directed personal appearance of both the parties for purpose of its satisfaction regarding an inquiry.
According to High Court Judgments, Mutual Consent Divorce through power of Attorney is allowed.
Acording to Supereme Court Judgement, the personal presence of both parties required for the purpose giving evidence to show to the satisfaction of the Family court that the consent for divorce exist till the end, there is no withdrawal of the consent by either of them & if any of them is absent there will be no presumption that consent given during the first motion for the divorce shall continue till the end hence both of them should be present at the time of second motion too for ascertaining their consent for divorce.
In following High Court references, Family courts had dismissed the petition initially directing physical presence of party/parties is necessary in mutual consent divorce.
1. Smt.Lakshmi Prasanna vs Counsel For The Petitioner: Sri S.B.Tirumal Raj on 19.03.12- Andhra High Court
2. Smt. Anshu Rani vs Rohit Vij on 18 March, 2010- Punjab Hariyana High court
3. Navdeep Kaur vs Maninder Singh Ahluwalia on 2 March, 2010- Punjab-Hariyana High Court
4. Vinay Jude Dias Vs. Renajeet Kaur on 19.09.2008-Delhi High Court-Just.Shiv Narayan Dhingra
5. Neelima Chopra vs Anil Chopra on 17 March, 1986-Delhi High Court
Que: Can Family Court allowed POA holder in MCD by considering reference of high court judgments (Is there any judgment where family court allowed POA in MCD proceeding and High court also allowed it?)? OR It is only when an appeal is made before the High Court against decree of divorce by mutual consent then the High Court may permit P.O.A. holder to remain present in proceeding in mutual consent divorce?
anuradha
04 July 2013 at 11:22
Dear Sir/Madam,
My friend is going through a divorce where she has filed on cruelty and domestic violence. Her husband is ready to dissolve the marriage with 4 lakhs as her permanent alimony. Earlier they had agreed to bear the child's expenses but now they say that they do not need either the visitation nor the relationship with the child. How can she get justice for her daughter. her husband works in a corporate earning around 45,000 and has an own house worth more than 80 lakhs. how should she proceed furhter
ram
04 July 2013 at 08:43
hello sir/madam
please suggest me,
1)what is the difference between legitimate and illegitimate children and their rights towards property(self acquird nd ancistrl)??
2)please let me know the status of the child in the following cases:
BRIEF FACTS
a)A' divorced B' as on 20/06/1988(applied for divorce in 1986 and order passed by court in 1988). but A' married C'(second wife) in 1983( but not legally .. he has affair with her at that time)
b)A'(i.e,husband)after giving divorce to B'
he accepted C' as legally wedded wife by putting her name in Ration card,Voter id etc..
c)now come to the point,
C' has 4 children, their date of birth as follows
first daughter -15/07/1984
second daughter -20/07/1986
third son - 14/03/1988
fourth son -20/03/1990
in the above case what is the status of third son and fourth son in the eye of law..
because 3rd son born during pendency of judgement (plz consider the date of application and date of order)
and 4th son born after divorce ... whts his status ?
waiting for your valuable suggestions ..
thank you all
with warm regards
Ram
Sayeed Nazir
04 July 2013 at 01:00
Dear All, I have won 2 seperate cases 1. I have oppointed as Guardian to my daughter, 2. custody of my 8 years old daughter ordered to me. These 2 cases were made Ex-Parte and the orders are passed in my case as i appeared party in person, now i filed a petition in Judicial Magistrate court to issue warrant against my daughter(ward) to have her in my custody on the basis in Guardian and wards act under section 25, to issue arrest warrant against the ward and handover the child to me, for which the judicial magistrate rejected and returned my petition to file the petition in the proper court as he does not have any power to issue warrant....then i filed the same petition in additional district judge where the same was again returned stating to file as EP-Execution Petition, which is again a process, my wife is having 2 cheques bounce cases upon her where the finance given people have warrant against her in various 2 courts. She keeps on changing her residence and my daughter is in custody of my wife big sister where they are big powerful people in the area, I too was beat and severely injured when i treid to meet my daughter in a later stage and i have also filed a fir in the police station which the case is pending. Now how shall i proceed further,iam bitterly confused, furtherly..............
As per the Guardian and Wards Act ., Under Chapter III, Section 25,
(1) “if a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882).”
Even if i take police and get my daughter surrender before the court, will the custody will be given to me or it will go as per my daughter version, or else any other way...........
I humbly request you all to let me know the next procedure how to get custody of my daughter.
Member (Account Deleted)
03 July 2013 at 21:13
I have filed a case for divorce in December 2011 and it`s going on.Now opposition lawyer has handed a petition under CPC 151 saying we should return the jewels of the wife.Should I return to them now or wait till the completion of the case?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Withdraw consent in mcd u/s.13b may amount to fraud?
Husband does not want divorce after notarising agreement/MOU of divorce and agreement of giving and taking ornaments back which taken and given during marriage and after entering M.C.D. petition u/s.13B in family court. It is agreed in divorce agreement that the application of complain against husband in police station would be taken back by wife if husband gives his consent of divorce.
If husband withdraws his consent from M.C.D.,Que.1:Can wife file contested divorce petition against husband on the ground of cruelty using the agreements as evidences? Que.2: On this ground, can court grant divorce? Que.3: Is it an offence of cheating/fraud under Indian Penal Code in this matter? Que.5: The notarised Non-Judicial stamp paper is valid evidence in Civil and Criminal Case?