at your mercy
09 December 2012 at 20:38
I just observed in chennai family courts during cross examination of witness by advocates, the judges are not witnessing. only a court clerk is typing the questions and answers.
is this normal practice?
also noticed the advocates fighting during cross examination !
kavitha
09 December 2012 at 18:47
married on september 9th 2007 with a man from AP in Arya samaj mandir. They have performed religious rituals with a pujari. we both are hindus. then we have given our photos, id proofs etc. also they have taken our signature and thumb impression. after that they have given a certificate with their seal. is this marriage valid? now i need divorce. i have filed a case in kerala court as i am from kerala. but i have doubt if this marriage is valid or not. we didnt went to any registrar to register our marriage. so do i need to take divorce legally from court? please clarify my doubt. Also i filed for divorce on february 2010. Still the case is dragging. The problem is that he is not ready to give me divorce. Now what should i do to get divorce soon? We have lived together only for one day ie on the day of marriage only. After that he is staying in AP and i was in Kerala. Please help me to resolve this issue as soon as possible. I need your help.
Saleem
09 December 2012 at 17:49
Hi Sir
My father has made a Muslim Will. In this will he has given everything to my sisters and I am the only son. But as I have got married to a Muslim girl but of this will, he has not included me in the Will.
1)I would like to understand that after his death can I claim his property or a share of the property?
2) Also, can the will be changed in the period before his death by himself?
3) Is there any procedure to get the will registered or validate?
Regards
Saleem
gorav ghai
09 December 2012 at 13:21
hi this is gaurav ghai,i have a query,i have a flat in goregaon
west,with stilt parking,i have sold flat to smone n want to sell
parking saperately to 1 of the eligible member of same society,parking
is not mentioned in my flat agreement,i have done a seperate stampduty
registration of parking agreement,n i have the payment receipt from
builder n seperate stamp duty registration of parking ,can i sell it
swasti
09 December 2012 at 11:10
Wife has filed for divorce under HMA 13(1) and husband for RCR. Both cases are in evidence stage.
1) So, Can husband withdraw RCR now without any adverse inference towards him?
2) Will withdrawal of RCR be taken as his unwillingness to take her back?
3) Contesting divorce means he is not ready to break the relation without sufficient ground. By filing RCR,he says there is no sufficient ground to live apart and so ask for restitution order.
So, If he withdraws RCR, does it mean he is NOT ready for restitution? If yes, will his motive in still contesting the divorce be questioned?
4) Can anybody confirm that withdrawing RCR will have no technical effect on divorce case?
5) I'm asking this because advocates at first ask men to file RCR for safety. Then, even after the years of fight in court, he would not withdraw RCR fearing its going to affect the divorce case in adverse way thinking that withdrawing RCR means refusal for restitution and so there would be a natural question of his motive in still contesting her divorce petition. So, experts please make it clear.
6) Can husband safely withdraw RCR and still contest her divorce petition to disprove the grounds in her petition?
Can he file for divorce on ground of mental cruelty once he succeeds in getting her divorce petition dismissed?
at your mercy
08 December 2012 at 23:10
My wife just threw me out my home with threat of police complaints. At the time of filing petition under crpc 125, the daughters were minors but now they are major as the cross-examination to begin.
The reason for getting rid of me is to avoid my interference in disciplining the daughters. After sending me they are free to go anywhere and they live in isolation of friends and relatives
Last 2 years my wife is using my money only for maintenance but says as though borrowed. Some know funds under her control, she has not even touched to show that she has not used it !
Can I call them for cross examination as they are still appear as respondents 2&3.?
There is another eldest daughter is also there. May I call her too?
2. she has claimed maintenance for rs 10 k each and thus total of rs.30 k per month. she has just over said my income as 1,00,000. pm
Actually I am 57 years old and getting rs 15k a month at the mercy of the employer. To get or switch another job at this age is impossible. I have some properties with which I intend to get daughters married. I have given them good education.
Also at this time may I sell or make settlement any of my self acquired properties for my need?
Now if I go with the flow of the case how much I may have to pay maximum. Or If I do not attend the court as I become sick and am ashamed to be there at court.. And in that case even if exparte order is passed what could be the maximum liability of mine?
Please clarify.
Thanks Respected Sirs/Madams
Ram Sowrya
08 December 2012 at 18:02
Marriage between two different castes in the same(Hindu) Religion falls under Special Marriage Act?
Please enlighten me.
R.Ramesh
08 December 2012 at 16:39
Sir, I got married in month of may 2010 and my my did not stayed with me not even 10 days and she left my house went to her house by quarreling with me and recently I,e in th month of September 2012 she kept false 498a case on me and on my family members total six members ( on my father ,mother,un married brother,un married sister and married sister )and my father is an central govt employee and he is still on service and my father and mother both are diabetic and high blood pressure patients and during marriage time they we are under doctor’s treatment just 4 days back Investigating Officer came and enquired about incident and she told that she will not include my sisters name in charge sheet.So, sir let me know that court trials will run on the names which are in charge sheet is correct or not.
Thanking you.
YASH
08 December 2012 at 16:16
Hello Sir I am resident of mumbai and i got married in 2005 and have a child age 7. I married in bhavnagar city since my wife belong from that city. Since last 2 years (25months) we have been separated and child is with her. We tried all our ways to persuade my wife but she is not willing to come back nor she is giving divorce. Inlaws filed CRPC 125 in Bhavnagar Sessions court. I replied her petition by telling her to come back I also stated that my salary what she has stated of 125000 is totally wrong and misleading . My actual salary is 27000 and i have my parents dependent on me who are senior citizens. My wife is not appearing in court since last 4 hearings as court has called her for( zubani)to speak for maintenance. Please advise what should i do in this context if she keeps on avoiding court . Should i file divorce in Mumbai or bhavnagar or wait for this case to get over and then go ahead. On what basis i file divorce and which place would be more effective Mumbai or Bhavnagar.I am totally frustrated and mentally harassed since last 2 years and unable to stay in such condition. Its affecting my life job and career and want a solution from this. Please help
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New divorce petion
previous divorce petion was withdrwan in june due to amendement to orginal divore petion was not granted.
wife has filed a new divorce petion, with additional charges.
statement in chargesheet, orignal divorce petion, amendment petion and new petion are contriditary to each other.
Can husband use these contridition for arugment and cross question. or since new divorce petion is filed, scope of questioning is limited to new divorce petion.
Criminal case is still pending after chargesheet and due next year. right now i am on bail.