Law Querier
13 May 2013 at 07:33
A divorce petition under section 13(1) (ia) (Contested Divorce) is converted to section 13B (Mutual Consent Divorce) in family court.
1. If one of the parties remains absent in court procedure of MCD then what steps court can take?
2. Can court grant ex-party divorce if one of the parties remains absent in court procedure of MCD?
3. If one of advocate of parties remains absent in court procedure of MCD then what steps court can take?
4. The divorce case has converted from 13(1) (ia) to 13B. Do this case counted as a new case?
5. A party should give extra fee to advocate for the conversion case of 13B (MCD) though the party has given complete fees for the case of sec. 13 (1) (ia)?
subash
12 May 2013 at 23:44
We are hindu's as per law Can i marry my mother's father brother daughter's daughter
498 Exploited
12 May 2013 at 21:36
My wife filed a case of false Domestic violence act and and now she took back the case from court declaring that it was filed due to some of the misunderstandings.
Can i file a case of divorce ?
Samruddhi. Rajshekhar Parab
12 May 2013 at 20:54
I just want to confirm that whether the judge asks the husband whether he wants to stay with his wife or girlfriend. If so in which circumstances does this happen?
aman rajput
12 May 2013 at 16:19
Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .
After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .
On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.
Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.
So viewing the above said My Questions are as under :
1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????
2. Viewing the above mentioned dates whats the status of my case in my favour ...????
Pls help me out for the abovesaid
Regards :Aman
Law Querier
12 May 2013 at 10:35
Wife (out of India) had filed a divorce case u/s.13(1)(ia) by making Power of Attorney to her father. Husband does not want divorce.The PoA is invalid because it is notarized by public notary of Canada and not authenticated by Indian consulate of Canada. The in-validity of POA was not proved in court although husband had mentioned about in-validity of POA in his reply. Now, Husband made fake facebook account of his wife without her permission. He put his wife’s normal photos and information about her family details only. This action done by husband because wife had got divorce from Canada court and he had doubt that she will marry in Canada on divorce certificate of Canada. Now, wife’s father has just applied (FIR is not done) in DCB crime branch for fake facebook account of his daughter. On that application, the police just called (not arrested) husband himself because the fake facebook profile was made by husband’s email address and husband’s brother because the computer and internet connection is on the name of husband’s brother. In police station, wife’s father and poice staff had threatened to husband and his brother about punishment and put a condition to husband that if husband ready for mutual consent divorce then they will not make complain against husband for cyber crime and will take the complain back. Husband does not want divorce but he is helpless and accepted the condition and ready for MCD. Now, There are 3 matters made forcefully by wife’s father from Husband. 1.wife’s father has taken all ornaments and things from husband which he had given in marriage and given all things to husband which husband had given in marriage and made notary for that. 2. wife’s father had got permission of MCD from husband by making agreement of MCD on stamp paper forcefully. 3. Wife’ father and Husband both applied a conversion of their application from section 13(1)(ia) to section 13B . After the permission of husband for MCD, wife’s father has still not taken back the application of cyber crime.
Now, Husband does not want to divorce.
Qiue.1.What legal allegations husband should do against wife’s father? Que.2. Is there any right of wife’s father to take and give the things of husband and wife by threatening and pressurized husband? What should husband do in this condition because power of attorney is invalid but it is not proved in court. Que.3.If husband want to withdraw the petition, for that what reason husband show in court? after some days, Can he tell to court that Conversion petition of 13B made forcefully?
Dileep Kumar
12 May 2013 at 10:02
Dear Sir,
My friend got married four years back and their marriage lasted for 6 months, after which the wife left my friend's home and did not return back.Some time the wife filed a dowry case against my friend and his family in police and was forwarded to DPO and was declared as false.Later he filed a restitution of conjual rights in family court and was later granted the same in his favour,but still his wife failed to comply to the order and the time of 2 years (since he is a christian) has elapsed.So in this case whether he can go for remarriage?
Since there was a total of 3.5 years of deseration in which 2+ years of separation of failure of restitution.
Kindly suggest the best way to proceed with marriage.
raahat
12 May 2013 at 04:48
A property was purchased in the name of 2 minor childern of the first wife and 2 major childern of the 2nd wife. the mother was the guardian in the minor childern and paymnt was made through her. some time later a 3rd child was born. which has no name in the mentioned purchased property. Both father and mother has died without any will. it is also pertenent to mention here that the wife of third child has filed a case u/s 498-a/406 against the husband and in-laws. A settlement arrived between 3rd child & her wife. but The 3rd child wife is demanding her children share in the poperty.
Can the 3rd child who has no name in the property can ask for his share ?
Can the childern of the 3rd child who has no name in the property ?
Can wife of the 3rd child who has no mame in the property ?
Can wife or childern of the 3rd child who name is not in the said property can ask the others brother to provide share ?
Can the court grant reliefe to the 3rd child wife in the terms of his share in the said property in lieu of the maintanance ?
canucks
12 May 2013 at 01:48
Hello
I am in a pretty complex situation currently. I am a hindu, married an Iranian girl in Mumbai. we had a registered marriage but our passports indicate marital status as single. we have been separated from past 2 years and not at all in contact. I have some1 in my life now and want to get married without a divorce.please suggest ne possiblities. due to family issues divorce is out of question.
thank you
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False dowry harrassment and sexual harrassment case
Respected sir,
i have false dowry and sexual harrassment case filed by my wife with whom i am seperated by court as expartie order on 22nd sept 2011 as she never bothered to attend in court after recieving summons, but she filed FIR in police one week before the judgement of seperation that is 17th sep 2011,and chargesheeted in the month of may 2012.but i am working in aborad so i was not investigated by police before filing chargesheet and i got anticipatory bail in nov 2012 from district court and after i attended the hearings too.also court gave me permnission to go aborad for work on condition that i have to be present in court when its obsolutely required for hearings.now the problem is coming june 13th there is hearing for the case and my wife has summoned too,and now she wants to withdraw the case.but as i know she cant withdraw the case by her own wish as that case false under non compoundable.but what other ways she can find or we can find to close the case so i come out of stress.she has no proof or any true witness for her more over i never taken a single paisa from her or her family nor i harrassed her.so i am not scared of any punishment for me as its false case only,but i want to come ut of that stress but as she only wants to finish the case then how we can sort it out?my advocate says he can do it but she has to meet him before the hearing so he will guide her what to do like that,but i cant find the solution,can any expert please advice 1) what we can do other than filing application to quash the case in highcourt as it takes long time again may be,2)is it possible to close the case with her possitive statement so judge can give order as its not true so cancelled the case,3) if she says she filed false then wether she may recieve any punishment for her won for making false case and wasting others time and money and creating metal harrasmment for other party? plz advice.