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Shahnawaz   10 April 2013 at 18:51

Second marriage after divorce

I had inter religion marriage with my ex-wife ,which came to be dissolved by family court as she wanted a divorce,and I filed for Judicial separation.
Marriage has been dissolved by Family court on 26th February.
I had challenged the verdict in High Court on March 1st which still has to be accepted.
Last week i came to know that my ex got married.My question is under which provision of law i can file case against her?
My assumption is based on the fact that both parties had to wait for 3 month from the date of verdict before re-marriage.Please help

Arjun Mohite   10 April 2013 at 18:49

Tenant not vacating the flat

Dear Sirs,

We have one flat in Pune. We had kept one tenant 6 months back. He stays with his 2 friends. We did not make any agreement. He paid rent for 3 months, thereafter has stopped paying the rent. We asked him to vacate, issued notice to him, still he is not vacating. Kindly tell as to how we can get back the possession of our flat.

keerthi s   10 April 2013 at 18:46

Marriage

I am a kerala christian girl.Before one year, i married a Hindu Malayala Brahmin. when we both were in tamilnadu for our PG studies. Marriage was not solemnised under special marriage act. Its given in the marriage certificate that under Tamilnadu marriage act. we submitted the documents including wedding card 3 days after mariage in to the registrar office erode, where marriage was done.
is their any possibilty for this certificate to be invalid??

I am asking this question because, we were belongs to two religions.. is it compulsoy for us to be register our marriage under special marriage act only?? It as happpend in april 2012... Kindly give me a solution? Is that certificate enough or we have to re register in kerala, now we are living in kerala?????

rakesh   10 April 2013 at 15:01

Congnizable offence

Is in DVA-2005 Article 31 conginance can be directly taken by magistrate without police interferance.

manik   10 April 2013 at 09:38

Who to send letter to?

Hi team, please see the text below in the summon I received on 1st April and let me know who to send letter to stating I have a medical problem and would be unable to appear.

(Whereas, the above named petition has instituted a Petition against you, as set out in the petition (annex the Petition) You are hereby required to file in this Court an appearance in person or a vakalatnama with the permission of the Court within 3 weeks from the service of this summons upon you;

And Whereas, the suit will be placed for directions on the board on the judge on 12th day April, 2013 at 11.00 a.m.

You are hereby summoned to appear before the judge to answer the petitioner's claim on the said 12th day April, 2013 at 11.00 a.m. in the of notice that on the day before mentioned after hearing parties who appear, directed will be given by the Judge as to the date of hearing before a counsellor of the Family Court and other matters concerning the petition; and

Take further notice that if you fail to file your appearance in person or a vakalatnama as directed above, or if you fail to appear before the Judge on the day before mentioned the petition may be ordered to be set down on board on the same day or any subsequent day as 'undefended' and you will be liable to have a decree or order passed against you.

Witness xxxxx, Principal Judge Family Court Mumbai at Bandra)

On top it says 3RD FAMILY COURT AT BANDRA, MUMBAI.

littlemaster   09 April 2013 at 22:36

Case transfer

Hi,



My divorcee case is going on in subcourt and maintanence has been filed too. But i wish to transfer the case to family court within city limit as i live in city. currently the case is going on in district subcourt, Whats the procedure to transfer to family court , how much it cost and how long will it take to transfer. As of now nothing has been fianliesd in subcourt inspite of long years ....tks

Rajan   09 April 2013 at 17:27

Please advice -- order

Dear Sirs,

Under Indian Divorce Act 1869 amend 2001 (christian religion)

Presented the petition for divorce in the grounds of adultery on -- 24.01.2001 under Indian Divorce Act 1869

The Indian Divorce Act 1869 was amended in -- 3.10.2001

Proof affadavit filed under the grounds of adultery, desertation and creulty on -- 20.10.2006

Presented IA to permit inclusion of grounds desertion and creulty on -- 20.10.2007 (based on the amendment of the act in 2001 including these grounds for divorce)

IA allowed and Amended petition for divorce on the grounds desertation and creulty and filed the amended petition on --- 29.01.2010 under Indian divorce act 1869 amend 2001

Since proof affiadavit was filed in 2006, it was informed that NO amendment or fresh proof affaidvit shall be permitted by the court

Sirs, kindly advice as the respondent has presented / mislead his argument in 2013 on adultery, deseration and creulty based on the proof affadavit filed in 2006 failing to inform the court that the amended petition allowed by the court in 2010 was with the grounds of desertation and creulty.

Due to his misleading the court pronounced the judgement on adultery based on the proof affadavit of 2006 and didnt consider the amended petition of 2010 that didnt have the grounds of adultery but had the only grounds of desertation and creulty.

Sirs, please advice if this judgement is valid OR once I get the judgement copy, should I present the review petition in the same district court informing that the grounds of adultery was not there in the amended petition allowed by the court in 2010.

Please advice

Amit   09 April 2013 at 16:39

Filing appeal

Hi,

A residential order of paying rent to my wife was passed by the magistrate in the DVC filed by my wife.

My wife is going to appeal (as indicated by her advocate) against it (in sessions court).

In case she goes for an appeal, in response to her appeal (and not on our own appeal):

(1) Can we ask for reduction of the rental money to be paid?

(2) Can we present any additional evidence (of her income) in case we obtain any (which we might). Will it help in this case?

(3) Since we've started paying money (from Apr'2013) to her and the sessions court increases/decreases the rental money (say in Nov'2013), what will happen to the difference of amount (from Apr to Nov)?

(4) Her appeal would be mostly not for increasing the rental amount but on the right to live in the house owned by me but in which we (me and my wife) never lived (and hence it is not shared household). We always lived in a house taken on rent by me. Same reason was quoted by magistrate and he dismissed her plea to live in the house but ordered rent to be paid to her. Is this reason good enough in Sessions court too? Can we carry and stress on this argument going forward?

Thanks

chig   09 April 2013 at 15:38

Amendment application

Amendment granted after 6 months of deliberation. Amendment allowed but could not be made within 14 days from the date of order. Extension granted on 18th day of the order. Opponent counsel raised review petition on the ground the order being illegal as after 14 days the order became flat and had no legal force. Please advise.

Rajesh   09 April 2013 at 14:05

Un-necessary intervention of father and mother

I married to a girl namely sruthy,
she has no mental development and
compelled to depend mother for all
the reasons.
They make it a reason and cheating
me for money.
Even if i call my wife also she is
suggesting i can't leave my mother and come
Mother teaching her thtat i will kill her.
What can i do
If they are not interested they can give me
separation or divorcee.
How to proceed this
Can you help me
But one thing sruthy is poor girl.