DHANAK
14 January 2013 at 18:01
Hello Sir / Madam,
Greetings.
I am writing to the form to enquire of Lok adalat can grant decree of divorce filled joint under mutual consent 13B of HMA
Following points may kindly be reckoned :
-- we have been living separately for a year
-- Petition has been filled jointly in district court which indeed refereed the matter to lok adalat
-- Alimony amount is already paid
-- marital period lasted hardly for 20-25 DAYS
-- i am hearing impaired 100% (Person with disabilities certificate from civil hospital is handy)
-- Customary divorce in non judicial stamp paper already done long back
i wish to know the process the district court follows and time span it will take to grant divorce.
Thanking you
kunal
14 January 2013 at 12:47
i and my wife have been living separately since a year...she stays with her parents.
she has a bad character to put it in d nicest terms
i feel very shameful that i even spent 1.5 year of marriage.
her parents and family is very rich and iand my family r nt. and moreover my dad and her part of the family was also in business so now they are not paying back after al this.
at no cost i want her back in my house as it is not possible for me to live with her.
And in october they filed a false case of dowry. like my family used to beat her and i have an affair and we tried to kill her.
I and my family dnt have much knowledge about law and case so want to take an advice.. also her party is extremely knowledgable regarding this and my lawyer is saying nothing can be done from our side as indian law constitution supports females and we have to wait for them only for divorce.
i and my family are really getting troubled due to them both financially and emotionally. does really the indian consitution support the females only even if they are wrong ?
i want a divorce and live my life peacefully.
please give me some opinion about in which direction i should move ?
how to come out of this false dowry case ?
and is it true abt wat my lawyer says that nothing can be done from my side ?
can we also file any case against them?
can they file any more false cases further?
and as my wife is not ready to give divorce so in wat all ways i can get divorce? bcuse i m ready to give up everything, property/money/anythng she or her family wants, (except my and my brother's studies)
pls give directions.....
if any questions or if i m nt clear anywhere above then pls let me kno..
and it l b mre convenient for me to have further talk/queries to ask on emails...is it possible???
kindly please help...
Sonesh Gaur
14 January 2013 at 10:31
Hi All,
I am from Bangalore. I am taking on behalf of my brother. HE was married in Jun 2010. He was working in the Power Sector where he was working as Site Engg. Depending on his mode of work he have to switch from site to site every 15 or 20 Days Odd. SO that was the reason where he was not able to keep his wife movable all the time. Because of more intervention of his wife's mother in this case they have filled a false case of Dowry. and have mentioned all wrong things with are not true. Like my family use to beat her, demaning money etc.,
Seeeking the right move to follow so that we can defend ourself with the court / police as we know we have not done any thing in this case.
Please do advise us.
Thanks
Sonu
Sujay Sen
13 January 2013 at 17:28
Dear Sir,
3 years back I had filed RCR petition under section 9 of HMA against my wife. On September'12, the FT court gave judgement against me.
My petition: She wanted to make me ghar jamai. Unacceptable to me. After 1 year of marriage she finally left my home and didn't return even after my efforts to bring her back. Finding no other option I had filed section 9 against her.
Subsequently my wife had filed section 125 against me and bought mental torture and dowry case.
In the judgment, the learned court rejected my plea to get back my wife and justified her stand to stay at her home.
Query 1: Is it a judicial separation ordered by the court?
Query 2: Now, If I want to file divorce, am i have to wait 1 year from the date of judgement? or i can it be filed now since we are leaving separately from more than 3 years.
Query 3: Can i get relief under section 13 (1A)/ii if we fail to live together?
Please let me know.
With regards
Sujay
Mohan R
12 January 2013 at 20:37
Dear Experts ,pl advise
A is the petitioner who has filed for divorce against his wife B under the above referred section for cruelty,desertion etc., with credible evidence.
B, the respondent does not file W.S. for nearly a year inspite of an earlier court order giving directions in this respect. Only B files an application u/s 24 HMA for maintenance. B is living with the petitioner in the same shared household.
Now for just 3 questions???
Qa) Does civil law apply in Divorce cases and if so does B have to file an application U/S 5 of the Limitation Act for condoning delay if she wants to file W.S.
Qb) Can the defence of the respondent under the present circumstances be struck out under Order 8 R 1and 10 of CPC.
Qc)Can inherent powers of the Court still allow the W.S. even if there are no sufficient grounds shown for the delay??
I have heard in divorce cases not much significance is given to delays in filing W.S,and they are taken at any stage even after one year.Is this the practice in some cases??
Thanks
Tekchand Gaur
12 January 2013 at 19:03
plz help me
mene ek ladki se pyar kiya hai or ushi se 2 saal pahle shadi ki thi aarye smajh mandir me
hum dono apne apne ghar per rah rahe the islye ki hum done apni padai puri ker le Me ab account ki job ker raha hoon meri salary 12500 hai lakin ab uske gharwale uski shadi kahin or karne ki kah rahe hai m ab apni wife ko apne sath le jana chata hoon unke gharwale
bhout bure hai vo hum dono ko jan se mar bhi sakte hai per ab humhe parva nhi hai mene job ker ke kuch peshe ikatte bhi kerliye hai aap mujhe plz raye de ki m kya kya karke unhe apne sath leker rahun jishe vo hum dono ko pareshan na kare or na hi meri family ko
vijay sharma
12 January 2013 at 16:52
plz tell mei the sotuation in which the divorce get within the 1 year of marriage.
and filed special application with that petition or not .....
explain it brifly ......
heena
12 January 2013 at 15:53
I am a muslim girl married to a hindu guy.we got married according to Hindu Rituals.our marriage is registered with muncipal corporation under Rule5,sec.6(i)of MAHARASHTRA REGULATION OF MARRIAGE BUREAU & REGISTRATION OF MARRIAGES ACT,1998.he has appealed in the family court for divorce(under Hindu Marriage act,sec12(i)(c) along with sec7 or 13(i)(i-a)) saying I was not converted to HINDUISM n thus
the marriage stands NULL n VOID.is it possible?the wedding took place in his house,his family made all the arrangements like pandit n all.my family was absolutely unaware of the rituals n all.we just followed them.plz help
SHASHANK P JAVKAR
12 January 2013 at 15:45
RESPECTED SIR,
I AM THANKFULL TO ALL RESPECTED PANEL OF LAWYERS FOR YOUR ADVICE REGARDING MY DIVORCE LAST TIME.
I AM SEEKING FOR AN ADVICE, ME N MY WIFE ARE NOW STAYING SEPARATELY SINCE LAST 3 MONTHS THATS AFTER WE GETTING OUR BABY,SHE IS STAYING AT HER PLACE SINCE AUGUST, NOW THE CIRCUMSTANCES ARE SUCH THAT SHE AND HER PARENTS ARE NOT ALLOWING ME TO MEET ME KID WHICH IS 3 MONTHS OLD.
I HAVE NOT SEEN MY DAUGHTER SINCE LAST 2 MONTHS SHE WAS BORN ON 9TH OCTOBER.
SO I WOULD LIKE TO KNOW WHAT CAN BE THE SOLUTION IN THIS AND IF I GO AHEAD WITH DIVORCE THAN WILL I HAVE TO PAY ANY ALLYMONEY
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Family
Q) my wife has filed transfer petiton of my divorce case in supreme court. Court has refer case in mediation center. Now my wife is demanding money for travelling .will she get money. Where as she is getting maintenance of 7000/month