INDIAN
29 April 2013 at 21:32
My elder child of 2 years 9 moths is with my hasband which is kept forcefully and litigations are going on.between me n my husband like cases of 125 , HMA 13 and finaly police complaint by me against husband and inlaws which is at investigation stage. I want my child with me . Can the police help me to take my child back ? If I file child custody case then how long it will take to give my child custody by the court ?
INDIAN
29 April 2013 at 21:05
I hv filed 125 and my husband files HMA 13. I hv given the dowry complaint. What else case my husband can file on me to harase me ?
Member (Account Deleted)
29 April 2013 at 18:55
I had filed IA for my medical checkup by medical board consisting of Physician,Urologist, and Psychiatrist to disprove her allegation of non-consummation due to my physical and mental unfitness for married life. It was allowed by court, but the order returned from district medical college on account of non availability of Physician and Psychiatrist. But, I came to know from some reliable sources that all those specialists are available in Medical college but still court order for my checkup returned by medical college superintendent citing non availability of doctors!
On next date, the court posted the case for taking steps from my side.
So, in this situation, what steps are supposed to be taken from side?
Should I file fresh IA, specifying the requirement only ie. to disprove the allegation of non-consummation due to physical & mental unfitness, but without specifying the doctors/specialties, to constitute new medical board consisting of necessary doctors?
Or, should I file fresh IA for medical checkup by Urologist only who is already available? If yes, can she raise the allegation of mental unfitness at later stage?
anki
29 April 2013 at 16:54
My husband got Ex-parte divorce in dec 2009
facts of the case.
1. we live in same locality.
2. we had love marriage on 26 oct 2006
3. As my parents are not aware about my marriage I join him at my matrimonial home om 26 April 2007
4.he is jain & I am Gujrathi vaniya.
5. In Dec 2007 his parents separated us.
6. 18 April 2008 he went to his parents house and ask me to went to my parents house by giving reason that he will convince his parents to accept her as their daughter in law.
7.on 18 may 2008 he called join meeting at his house when i reach with my parents at his matrimonial home they shutdown door on my face and abuse us in filthy language. on same day i file NC complaint against him. when he came to know about my NC he filed counter NC complaint against me & my parents.
8. On 20 May 2008 he filed divorce complaint on ground of cruelty.
9. Meanwhile we meet each other on daily basis till March 2010.
10. some about on may 2009 one person came to my home who told me that he came from court & gives me some papers & inform me that there is court case .
11 when i ask to my husband about the papers he told me that his father i.e my father in law send hirelings to just threaten me he had not filed any proceeding against me in any court on same day when we meet he tore the papers. so i cant cross verify the same papers.
12. on 23 dec 2009 EX-parte divorce decree was passed against me.
13. on 9 feb 2010 i got Order by post
14. On 3March 2010 I filed application for set aside Ex parte divorce order.
15. On 25 March 2010 I informed to my husband that i filed the proceeding against him in this conversation he told me that he will not appear on first date. All this conversation is recorded on cell phone.
16. He got summance on 05 May 2010. He came to court & submits that he got married on 01 May 2010. and same was registered on 19 May 2010.
17. My application was rejected on under section 123 of limitation act.
18. I filed an appeal in High court in Dec 2010.
19. same was admitted on 3 March 2011
20. On March 2012 High Court allow my application and divorce petition filed by my husband is restore from the stage of my written statement. for his second marriage Judges refers Lila Guptas case. & also told that second marriage of my husband is not bounding on me and I can file application regarding his application
what is status of his second marriage of my husband.
and what legal action may take against my husband & his second wife
satinder bassi
29 April 2013 at 16:16
Sir, i married with ritu on 17-09-2012 without dowry. this is second marriage both of us. i gave advertisement in punjab keshri classified news paper. i speciallly mention in own marriagr add " without dowry. after month month of marriage she went own home with own brother and father in my absent and without inform me. after two day she lodged complaint of harres for dowry. b't truth is she married with me without first marriage disslove. which i know to mobile phn recording. after first hearing in woman cell, i also gave complaint against wife & her parents. after second hearing in woman cell she filed "dv" in court without copy of complaint. police closed our both complaint. whn i got copy of complaint and dv case. her 6 different statement between complaint of dowry & dv case in court. (1) She is wrote in complaint this is second marriage. but she is not wrote in statement of dv case. (2) She is wrote in complaint of dowry 1st time whn i beatn her for dowry after 2 day of marriage. thn her parents came at my home thn i throw the glass side of my wife but glass hit to my brotner and in statement of court glass hit her brother( my brother in law ) . (3) she is not lodged complaint against my father. bt she wrote my father name in dv case. (4) she alleged on my parents, which ring and earing give in marriage by her parents to my parents. my father comment on ring is light weight and my mother comment on earing is light weight. in complaint she is not wrote ring and earing in dowry list. even our marriage without dowry. (5) last time whn she left my home thn she is wrote in complaint i gone with own parents. in dv case she is wrote i gone jagadhri myself whn my in-laws betan me. (6) 1st she is wrote in complaint, we r demand 50,000 rs. 50,000 rs wrote on 3 places in complaint. she is wrote in dv case we r demand 5 lac. after she add zero in 50,000 on 3 place made 5 lac. which look clearly........ whn her parents invite us 1st time at our home thn her parents hand over which document of divorce for checking, all document is duplicate. she is not came in hearing of court on own dv case. in next hearing her dv case dismiss. i filed marriage null and viod. also she is not coming in my case. so, marriage null and void is x party in first hearing & next hearing for evidence. plz.. tel me. . now what i do after decision of marriage null & void. i think my advocate mis guide me. divorce need after marriage null & void. i want lodged f.i.r against her & her parents. how i recover money.
******* plz! sir send me judgement of relted to my case ********
Rajan
29 April 2013 at 15:59
Dear Sir,
The order copy of the dismissal was obtained and to my great surprise, the Hon'ble Judge has repeatedly quoted that he has based his judgement on the valid and essential documentary evidence submitted by the respondent and hence dismissed the petition.
The fact is respondent did not submit any documentary evidence other than the marriage photos and marriage video.The entire marriage expense was paid by the petitioner.
Sirs, can you kindly advice me with the marriage photos and video, will the Hon'ble Judge conclude that these are valid essential documentary evidence to dismiss the divorce petition on "cruelty and desertion"
Should I make a special reference to this to the lawyer whom I will request for 1st appeal in high court, or is there any other legal remedy for such misleading statements
ravi
29 April 2013 at 15:40
can some boy have citatation or judgement in which wife have not attended funeral of fatherinlaw or not came at death is also a cruelty
ragz hyder
29 April 2013 at 09:36
I hear varying versions of when a foreign decree of divorce is valid in India. Can experts please calrify?
1. Girl receives summons but does not respond to foreign papers. Usually a decree of divorce is granted. Is it valid in India?
2. Mutual agreed divorce is of course valid I guess
3. If girl receives papers but responds in whatever manner...is she submitting herself to foreign jurisdiction? If inspite of her contest, foreign court grants divorce, on lets say irretrievable breakdown of marriage AND mental cruelty is it valid in India? Would it not be the case of double jeopardy? Needing money from 2 countries...?
Can experts please validate when foreign decree is/is not valid?
Net
29 April 2013 at 00:35
My sister got divorced by her wedded husband by talaq-e-sehbara, this was done when he was in saudi and gave the power of attorney to his mother in india to pass talaq in front of the qazi, we had no idea untill we got the letter from the qazi's office which was notarized, and the meher amount as decided during nikah was returned. she was at our home with a 6 months old baby and her husband got married to other woaman.
I would like to know if the divorce valid and can my sister get married again and can her new husband have rights on her child. please guide us with the legal formalities . both the parties are sunni muslims.
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