Susan
18 April 2013 at 22:26
Hi,
I filed dowry harrasment case on my husband and his parents because of the case my husband came to my house and i got conceived and withdrew the case, whereas my lived with me even after my daughter's birth, but when my daughter was 3 months old i got to know that he's got an affair with his brother's wife. So the problem became big and my husband left my house in oct 2012 and he still did not come to see me nor my daughter, i tried to phone him, but he has even changed his number, now almost 7 months over and parents want me to go to my husband's house, but my in laws are not at all responding to my phone calls, and my husband and in laws say that they doesnt want me, even though ours is an arranged marriage. So plz suggest me what i should do. I don't have idea of divorcing my husband, whatever the situation i wanted to live with him for the sake of my daughter. Is there is any way that i can go to his house and live. Because the lady whom my husband is having affair also living in my in laws house.
Amit
18 April 2013 at 17:20
Hi,
As some of you know, I've filed annulment case on my wife for cheating w.r.t. to age.
Brief facts:
Marriage happened in May 2010. Her date of birth (DOB) was told as X.
Separated on Feb 2011.
Her actual DOB 'Y' came to be known to us in Jul'2011. The difference between X and Y is significant.
Filed an annulment case in Oct'2011. We also added cruelty reasons too.
She did not file counter for our main divorce (more than 1.5yrs now).
She in turn filed a time bar petition saying that she already told about Y before marriage and that the case has been filed 18m after the marriage so it's barred by time limitation of 1yr.
My questions are:
(1) We can prove that real DOB was not disclosed etc. Proving that she cheated would be whole lot of trial since lot of witnesses, evidences are to be presented. But if this happens then nothing else is there to prove for the main case. So can we ask the judge to merge the trial of this one with the main case and dismiss this case since according to our dates, it's not barred by time.
(2) Since the arguments for this are identical to the main divorce case, we can ask the judge to insist upon my wife to file counter for the main divorce first?
(3) We'll prove that no cohabitation happened after our separation and wrt discovery of her DOB, can we say that that issue should be held in parallel to the main divorce case?
(4) Any judgements where this time bar petition has been dismissed?
(5) Can you please provide any other pointers to tackle this better?
Thanks
Advocate Vivek Nasa
18 April 2013 at 15:01
Experts/colleagues,
Kindly Explain what is Informatory Petition and under which provision this may be filed.
Thanks
krishna
18 April 2013 at 14:47
two brothers have made HUF on thr father's name n from day one younger brother was a Karta, thre was no agreement or nothing just oral mutual understanding cos property was bought in Mumbai on the name of HUF while elder brother was in calcutta younger has signed as a karta of HUF (in mumbai property and there is no other HUF property apart from this where yournger brother has signed) with mutual oral understanding now karta (younger brother) has expired so who will be a karta ? elder brother of Karta (karta who has expired) or son of karta ( karta who has expired) ?
Raj
18 April 2013 at 14:37
Dear Sir,
I husband filed u/s 9 in family court mumbai. my wife filed 125 crcp in village at the same time. Mumbai order come by my side of Restitution of Conjugal Rights case ( No justifiable reason to quit of wife-noted in )and as per her apply interim paid to her 75% till now and village order for maintenance also.
I applied to upper court of village revision u/s 397. Nine month passed till no issue yet now. every month my adv. taking date that matter not yet come to hearing. and Village 125 court issuing arrest warrant for recovery. Now I am paying few amt to village court and change in circumstences will be filed later.
Please advise me that is there any other way to stop/cancel village 125 court order ( u/s 9 by my side) or to make fast process of 397 or other way is there to prevent from all this.
Thanks,
Sundram N
18 April 2013 at 10:47
Respected Senior,
In hearing of maitenance case yesterday ( wednesday), it is observed by family judge that summon is backed without serving to husbnad. family judge gave note that, in next hearing, exparty order will be passed.
sir, i personaly want to know that, judge can give exparty order of maitenace without any evidence from wife side or husband side in next hearing as the summon is not served on husbnad.
what procedure will be taken in next hearing by judge. kindly share your expert veiw. Husbnad AB in 498a is pending about eight months in session court.
Alok
18 April 2013 at 02:40
I had been wrongly framed in a DV act case by my wife. The case had been dismissed two times by the court on account of her not being present in the court during any of the proceedings. She was even given a penalty sentence. Now suddenly I had received the summons from the court on the dismissed case (case dismissed second time on 23 September 2012). when I enquired I came to know that the case had been restored based on the affidavit filed by her where she had confessed that the case had been dismissed because of her fault and the case should be restored again. This had been done after a period of more than 4 months. Can you please tell me how many times this case can be restored. What should be my next step.
Note:- The case had been dismissed two times till now.
Vasan
17 April 2013 at 21:27
Hello,My sister got married at 2008 and the marriage was registerd within 1 month.But my sisters husband was undergoing divorce process with his 1st wife then.Only in 2011 he got legally divorced from his 1st wife.whether my sisters marriage is valid because she registerd it even before her husbands 1st marriage got divorced.does she need to re register her marriage again?she has her spouse name in all her documents including passport,bank docs ect.
Arvind Singh Chauhan
17 April 2013 at 18:40
Respected Seniors,
Proceeding under 125 Cr.P.C & Sec 9 HM Act is going on. Matter of 125 is at concluding stage.
I have to pary to court to stay the 125 up to the decision of Sec 9. AS if under 125 court finds that wife has reasonable cause to leave matrimonial home and maintenance is granted, but later if in Sec 9 civil court finds that wife has no reasonable cause to live apart. Civil court's finding will prevail over criminal court's finding.
plz refer case law favouring me on this point to stay the proceeding of 125.
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Mutual divorce
sir,
its going to 7yrs after my marriage,having one boy 6yrs.3yrs before me&my hus had some problems and we seperated not legaly and filed for divorce.before 2yrs we rejoined and withdrawn the petition.but we cant live jointly and we are not adjustable..these 2 yrs we livied together for the sake of our son.but now absolutly not.now also we are in same home realising that we cant live together..now we want to file a mutual divorce..what to do for that..if there wil be prblm as we living together.