shweta yashwant kunte
29 May 2013 at 13:04
i am a resident of maharashtra n as per my knowledge if a mother is the sole custodian then she doesnot need consent from natural father.i have been remarried 2yrs ago as per arya samaj rituals.i have a 5yr old son from my first marriage.my marriage is not yet registered.and so my son has not yet got his stepfather's name.permenant custody is wid me.and my son's natural father has stopped giving his maintenance to my son.nw due to some conflicts my second husband want to file a divorce.and is not ready to give my son his name inspite of living wid me for 2yrs.
how important is the marriage registration before applying for a divorce?
Dev
29 May 2013 at 10:28
Dear Experts,
I am husband and due to irreconcillable differences I and my wife are staying apart from 2 yrs and we haven't taken any legal step yet. She had left my son with me when my son was 4 yrs old (now he is 6+). I am taking care of child with all aspects.
I wanted to know whether I should file child custody. Asking because child is already with me. She is currently staying and working in different city with her parents. I have a fear that she might take my son from his school though nothing has happened in this regard. It's just a fear.
Regards
Dev
Kalyan Ghosh
29 May 2013 at 07:48
Respected Sir,
What is the difference between Special Marriage Act,1954 and Hindu Marriage Act,1955.What I know is
A) Special Marriage Act,1954 is registration/legalisation of marriage and subsequently a social cum religious marriage ceremony will take place according to ritual norms and customs.
In this case Legal Registration of Marriage is the first incident and Social Marriage cum Ceremony is the second (after)incident
B)Whereas registration under Hindu Marriage Act,1955 is done for LEGALISING a marriage that has ALREADY UNDERGONE a social cum religious marriage ceremony according to ritual norms and customs .
In this case Legal Registration of Marriage is the SECOND(after) incident and Social Marriage cum Ceremony is the FIRST incident.
With thanks
Kalyan Ghosh
29 May 2013 at 07:45
Respected Sir,
Whether cooling off period of 6 months in mutually consented divorce case can be minimised/waived .What I know is Only Supreme Court(No Lower Courts) can do so under the powers given to it by Art.142.of the constitution.
But in one of your blogs it is written that
Amith is correct, however with new proposed amendment bill, the contested divorce which are later converted into MCD, can avail 6 months cooling off period waived.
The writer is Msk-need -nuetral- laws
WHAT IS MCD and WHAT IS THE PROCEDURE
With thanks
B Singh
28 May 2013 at 20:14
Civil case is pending in the court regarding disputes property which is duly registered and mutation done on all family members after the death of parents. One of the brother alongwith 3 others have filed this civil suit that the said property was surrender to elder brother by way of an simple affidavit of year 1990 which is just attested from oath commissioner whose name and number of the said oath commissioner is also not mentioned on the affidavit. On the affidavit my name is written but not my signatures. Although the court had passed status quo in the present case. My question is that when this civil suit is pending in the court and I want to file an 420 case since on the affidavit it shows my name and not my signature and moreover when this affidavit was procured I was not available in that city and was far away in another District and on that date I was medical sick. Do I need to file 420 case in court or in police station. Please advice me suitably. Further also advice that is it posssible that one can surrender or relinquish property on such fake/false affidavit and produce in courts.
kewal
28 May 2013 at 19:57
After 20 days of my wife delivery we had sex not intercouse with inter permission. but now my wife is blamed on me that I had raped her. Is she is right ?
unknownabc
28 May 2013 at 18:26
I have applied for divorce in sept 2012. My wife is yet to file counter. Next hearing will be on July 2013.
My wife is in Bangalore. I am in Chennai.
After receiving my notice,my wife started visiting to my parents(parents are in living in my native, Coimbatore) very often.
Sh is trying to create a image that she wants to live together.
Will it affect my divorce case in any way? . If yes how may it affect ? To stop this what should i do ?
She filed 2 FIRS against me and withdrew it.I have a copy of 1 FIR and don't have the copy of 2nd FIR. We are also living separately for the last 3 years.
We have a son of 7 years old.
unknownabc
28 May 2013 at 18:24
I have applied for divorce in sept 2012. My wife is yet to file counter. Next hearing will be oin July 2013.
My wife is in Bangalore. I am in Chennai.
After receiving my notice,my wife started visiting to my parents(parents are in living in my native, Coimbatore) very often.
Sh is trying to create a image that she wants to live together.
Will it affect my divorce case in any way? . If yes what should i do ?
Babu
28 May 2013 at 17:46
i have two sisters, one my sister 'A' moved to my uncle home at the age of 20,but there is no any legal formalities such as adoption or seevkaram etc to become legal successor, now she is 40 got married and having two children, still staying at my uncle home since he has no children and wife passed away,now my uncle (85 years old and still alive) want to give his property to 3 of us,also wrote a will and registered, but the point is my sister 'A' threatening us like she is only the legal successor for the entire uncle property since she staying there over 20 years,please advice how she can claim? how it will work? what is our position?
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Maintenance amount deposit
if husband does't deposit maintenance amount in wife's account per month for 2 or 3 months as per court's orders than what should wife do.