sukhpreet singh
19 June 2013 at 11:28
i have got divorce from my wife now she has put appeal in high court.. i have no property in my name.. my father is going to sale our parental home which is on my mother name..can she claim in property of my parents? we are planning to sale our parental home and want to buy other home. is there any law that she can claim in new o old property of my parents
Law Querier
18 June 2013 at 23:09
Q-1.Can one party apply order 3 rule 1 of cpc and section 13 in the family courts act in Mutual Consent Divorce in family district court if other party appear in family court by power of attorney in mutual consent divorce procedure?
Q-2.out of both procedures(proceed for first motion of MCD or proceed for application under order 3 rule 1 of cpc and sec.13 of the family courts act),Which procedure court preferred first?
Q-3.Can court insist the another party to appear in person in first motion of MCD(instead of power of attorney holder) if order 3 rule 1 of cpc and sec.13 applied by one party?
ram
18 June 2013 at 18:20
Dear Sir,
please suggest me in the following issue..
X'(hindu) is husband of Y. and X' has affair with Z' . Z' has 3 childrens( due to affair with X) .
now my question is that ,
.can X marry to Z' after giving Divorce to Y'?
.Is the childrens of Z' will be treated as legitimate, after marriage?
thank you all
with regards
Ram
SUBHAM AGARWAL
18 June 2013 at 16:20
Please quote some supreme court and utranchal high court rulings for grant of no maintenance for well educated previouly working wife
Inderjeet singh
18 June 2013 at 12:17
Hi,
My sister's husband married to her without taking divorce from first wife..
we didn't know that he had a marriage earlier..
now that we all have got to know about this but we can't do anything because we don't have have any evidence
so i just want to ask is there any way that i can get his first marriage certificate ??
he had a court marriage with his first wife
please suggest
Rajeshwar Sharma
18 June 2013 at 12:02
I am Working in a MNC , My divorce case is pending in Noida ( U.P ) Court , My cash in hand salery is Rs 1 Lac per month , I have 3 children ( 11 yesr , 7 years and 2 year old ) , I want to know that's what amount the court will fix as a maintenance in case of divorce.All children are with her mother.
jitu gupta
18 June 2013 at 09:30
HI, I JUST BOUGHT A NEW FLAT AND GOT IT REGISTERED AS WELL UNDER MY NAME. I WANT TO TRANSFER THE FLAT'S OWNER NAME TO MY MOTHER'S NAME WITHOUT REGISTERING.
CAN I DO IT BY JUST WRITING THE SAME IN A RS 100 STAMP PAPER AND GET IT DULY SIGNED BY ME MOTHER AND OTHER FAMILY MEMBERS?
WILL THE DOCUMENTATION IN STAMP PAPER STAND VALID EVEN IF I DO NOT RE-REGISTER THE FLAT UNDER MY MOTHER'S NAME?
PLEASE HELP URGENTLY.THANKS IN ADVANCE
Sudarshan Mudaliar
17 June 2013 at 22:46
My wife had filed a fabricated Domestic violence case against me, now when it cane to submitting of evidence they have agreed to settle for a lumpsum amount and close the chapter of marriage
Thus we need to apply for Mutual divorce. They wanted us to pay the money first and then proceed, which we flatly declined.
Now they want us to submit 50%, I strongly fear that they would take the money and after cool off period they ask for reunion / withdraw consent of some fabricated grounds.
Can I have a clause that i would deposit a AC payee Demand draft in name of my wife after we have appeared the court after cooling period, we both agree that the marriage has broken down and we do not want to reunite. after this is recorded in court i would submit a AC payee Demand draft in name of my wife at the court treasury. And after passing decree of divorce court would hand over the DD to her.
here i am not cheating as i am submitting the amount with court, so it is not with me.
So court passes the decree and my wife does not has a chance to cheat
INDIAN
17 June 2013 at 20:20
Respected Experts, My elder son is with my husband and alreadt two cases are running in court. 125 From my side and HMA13 from opposite. As I requested my elder son is with my husband for last one year. I read from this site that husband or wife can get the child visitation orders. I want to know the procedure of that and how much time court will take to order after filing the application ? Under which act I can file that ? Is there any fastest way to get the orders ?
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Section 13 of the family courts act, 1984
An application of conversion of petition from sec.13(1)(ia) to sec.13B(MCD) was signed and given by parties in family court. First party has given consent in MCD application by appeared in person and the second party has given consent in MCD application by appeared through power of attorney-his father. Now, as per section 13 of the family courts act, 1984, Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner: Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. Thus, the party who has given consent in MCD has to appear in person and not through power of attorney holder. But, here, at the time of conversion and submission of the application, power of attorney holder is appeared behalf of party herself. Now, The Honorable Judge has given order of conversion of petition and written in the order as,” The parties are present and they both agree to convert the matter u/s.13B of H.M.Act to obtain divorce by consent. Hence, the parties are granted permission to convert the petition u/s.13B of H.M.Act. Amendment is carried out.”
Can first party appeal for dismiss the MCD petition in family court u/s.13 of the family courts act, 1984 in family court because the other party was not appear in presence?