kiran
10 May 2013 at 09:23
I have applied for divorce 6 months back.
And my judgement is due .. in June 2013.
I am living abroad and hence sent a GPA to my father.
Can my father take the judgement copy on my behalf.
Is there a recent rule change from HIgh court/supreme court that both husband and wife should present on Judgement day.
Thanks and Regards,
Kiran.
Law Querier
10 May 2013 at 08:51
Wife is in Canada. Husband and Wife’s father both are residing in India. The divorce case applied through power of attorney holder -wife’s father under section 13 (1)(ia) in family court of India. My question is, Is there rights of wife’s father (who lives in India) to take all ornaments and things of wife from husband before divorce? If wife’s father has rights to take all ornament s and things of wife from husband, then what procedure wife’s father have to do legally?
raahat
10 May 2013 at 01:59
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. Property was divided between the 2 minor childern and the other major childern. 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 ?
raahat
10 May 2013 at 01:49
Respected Experts,
The above metioned cases are pending before the Hon'ble family court for last 10 years. The accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as well as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent will withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets as per muslim law. The seventh instalment will be paid at the High court at the time of quashing of FIR.
My Quations is :
1.whether above said settlement statement is enough for ful and final settlement of all matrimonial disputes.
2. After this statement can the complainant withdraw herself.
3. Whether the complainant can file DV case
4. Can the complainant or her children asked the share in accused propery or his ancestral property.
asmita0009
09 May 2013 at 22:30
I am educated working women. My divorce case is going on incout since last 4 years. During the matter i have found that they are some discribances in law and women have to face injustice. Now i want to draw the attendtion of Govt and Hon Supreme court, through filing PIL. May i can send it directly to Supremecourt in writing or I will have to hire advocate. As a Citizen i have strong arguments , BUt it is not possible for me to effort expenses of Advocate for the same. so please guide me.
Rock
09 May 2013 at 18:15
Dear Experts,
I need your suggestion and help. I have been married 2 years now. We both are professionals working. We had various petty fights and arguments over these days. Her parents were coming to support her every alternate month. They have humilated me at various events. tho We involved our both parents to talk twice and yet didnt work. though we both had arguments we still had a good relationship. but dont know what has happen now, she is very much negetive towards me. now we both are staying seperately for past 3 months. She doesnt responds to my emails nor phones. I watch her everyday when she leaves home from office. yet she doesnt responds or looks at me. I do not want to loose my wife. She says that she has applied for divorce at her native. Though I understand we had petty issues and arguments, I never hurted physically or mentally. I have done all the best that I could do as a husband. I was abroad for few months. I do not know how to save my marriage. I tried calling their parents yet they are not supporting. I have just left everything for her. I am very upset now and cannot concentrate on my work. Please help me to save this marriage.
Thanks
user2013
09 May 2013 at 18:07
Hello Experts,
My cousin has recently taken divorce from his wife with mutual consent. Divorce has been granted recently. Now they realized that they did a mistake want to live together again. Is it possible to cancel the divorce or do they have to register their marriage once again?
Please let me know the procedure.
Thanks in advance for your advice.
Regards
a friend.
Rajan
09 May 2013 at 15:17
dear sirs,
i appeared in sessions court as party in person and my divorce petition on creulty and desertion after a battle 13 years of sepearation was dismissed
when i read the order i am surprised:
- i applied for divorce under indian divorce act 1869 section 10, but the learned judge dismissed the petition under hindu marriage act section 13b
- i sunmitted 24 (sessions court interiun order, HC bail order, hospital records, police compliant and receipt, and company orders) but the judge dismissed all 24 documents that are cruical to the case without assigning any reason
now i want to go for 1st appeal, can you be kind to advice if the above is correct as reasoned by judge
BABU
09 May 2013 at 11:02
Hi,
My wife lodged a false complaint 498A, 307, 377, 323, 506, 34 IPC, 4-DPA, 6-DPA for this issue me, my parents and my brother family everyone is in jail for one month. now currently we are on bail. Please help me out to overcome this situation. me and my parentes are suffering with mental toture.we are planning to get suicide.
Frankly speaking me and my parents never hurt my wife, we never asked for dowry or anything, I married her in OCT 2010 its almost 2.5 yrs completed, my wife stayed with me for only 8 months she used to stay most of the time with her parents. I faced many problems she used to harres me. my wife used to beat me and she used to hurt by beating my one old daughter. my in-laws giving warnings that they will murder me and my parents and even they told thye have political support and financial support thye can do whatever they like. one more thing my parents, me and my brother family stays in different cities and we will meet all together only on festival times. they spolied my life my wife is a sadist everyone is that she is having a cylogical disorder problem.
Still there parents asking us to take her daughter with me and take care of herself. I dont want her and i wanted to take divorce.I need a peacefull life. Please help me....
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Wrong decision on 125crpc
Dear Sir,
My Wife has left my home on her own will, under the influence of her parents and Brother, and filed a false 498 A case against me and my family, along with a case of 125 crpc seeking maintainance @15000 per month. I have been granted bail in 498A case, as there are no evidences found against me, But still the case is on and putting me in depression day by day. In 125 CR case, my Wife is an Educated lady having MA, B.ed Qualifications and having 5 years Exp in Teaching at Various Schools higher classes, and she has told the court that she is an uneducated lady, and not worked anywhere, so she will not be able to maintain her, and depend upon his parents, His parents are also very rich having there own house in Faridabad.
My lawyer told me to arrange all documents related to her qualifications and experience, so that we may proof her false in court, I have arranged all his educational qualification documents and also her past 5 year exp documents, showing court that she has been working after the date when she left my home and getting 30000 in hand salary, and she has given a false statement that she will not be able to work.
Also i have submitted in Court a Judgement copy ordered by Honorable High Court of Delhi, that a Educated women working earlier and able to maintain herself on her own is not liable for maintenance from her husband.
The Exp Documents clearly showed that she has been working well, even after leaving me, and also she has written in court in 498 A case that she will not live with me, and also not live with my family, That copy has also been submitted in court.She stayed with me for only six months,and hardly we got into any relationships, we have no child and she is well educated. Sheis noty able to give any document in court, related to my job, salary and also that i have put her out my home. Instead i have also submitted written proof of her and her mother in which they have confirmed that are leaving my home at there own will, and they have agreed about the same in front of court always.
But i have faced a wrong decision from Family court faridabad that i have to pay 8000 Rs per amount to my wife. I just wants to ask, the court is not interested in checking all documents, i have submiited every small evidence that proofs easily even to a common man that she is a well educated lady and can maintain her well. She has been granted monthly amount from court without giving ang evidence, and i have collected evidences from top to Bottom, but the court has not seen those. Why the court has given a one way decision, and on which grounds she has been given such large amount, as i have noticed in many decisions that Ladies having a child get only 1-2 k Per month amount.
This is really a bad decision and shaken by faith in law, as despite of having every evidence, the court only listen the oral statements of her and this is really a heart broke for me. Wants to know that what i can do further and is this decision is really Ok, even after hundreds of Evidences, the court has given judgement on oral statement.Also we belongs to Christian Community and what the law says for Christian community in case of 125crpc