sandykrish
01 August 2015 at 22:26
Hi Ld experts, I would like to know the legal standpoint for the below marriage issues: Both husband and wife are divorcee and remarried. Wife has a girl daughter born out of first Wed lock, court has granted custody rights. Second marriage done 11 months back, now again the husband and wife are going through the rough patch due to misunderstanding and has filed a maintenance case U/S CRPC 125. Wife is working in corporate earning 40k month, she has claimed maintenance for herself and daughter. In the above scenario would the second husband responsible for maintenance of the daughter? As she was born out of the wedlock of first marriage, what defensive options we have to take care of the situation.
sandykrish
09 July 2015 at 06:22
Hi Ld experts,
I would like to know the legal standpoint for the below marriage issues:
Both husband and wife are divorcee and remarried. Wife has a girl daughter born out of first Wed lock, court has granted custody rights.
Second marriage done 11 months back, now again the husband and wife are going through the rough patch due to misunderstanding and has filed a maintenance case U/S CRPC 125. Wife is working in corporate earning 40k month, she has claimed maintenance for herself and daughter.
In the above scenario would the second husband responsible for maintenance of the daughter? As she was born out of the wedlock of first marriage, what defensive options we have to take care of the situation.
sandykrish
31 January 2015 at 23:01
Hi LD members,
Wife has been allowed the CRPC 125 maintenance of 15000 per month, the case was applied on May but the orders was passed in Nov 15 2014.
Wife is highly qualified double masters plus currently pursuing PhD with stipend of 21000.
I want to go for appeal, the case was decided in magistrate court Mysore.
Under which section do I have to appeal the decision? And what court is it the district court or high court?
Your response is greatly appreciated.
sandykrish
15 November 2014 at 09:23
Hi Ld Members, I have got a proposal from a hindu girl who had got married to a christian in her previous marriage. The girls parents are claiming that she has divorce degree. I verified tha fact in court records, they have got the judicial separation under section 22 of Indian Divorce Act that too a exparty order;
My questions are;
1. Is judicial separation a divorce under christianity?
2. If yes how do we execute the expartee orders for the second marriage.
3 if the previous husband come to know about second marriage he might raise an issue and set aside for revrrsal of decree.
sandykrish
12 November 2014 at 18:56
Hi Ld Members, I have a proposal from the divorcee who is the hindu. Her earlier marriage was registered in Church and have obtained expartee divorce decree on 25 september 2014.
What are the precautions I should take before moving ahead with talks with girl side. Does it have any waiting period for the boy side to set aside the petition.
She claims that she has got the decree under sec 13 of Indian Divorce Act.
sandykrish
04 August 2014 at 12:23
Hi Ld Members,
I'm planning to Buy a property in Bangalore:
Property History:
Society has formed a Layout and has been registered to a member of the society and the same has been registered in the 1993 and the leased period is indicated as 5 years, which is the member should not sell the site until 1998.
In the year 2000, the member has issued a GPA Notarized (Not a registered GPA)to xxxx person, in turn that xxxx person has registered the sale deed by the way of notarized GPA to YYYY person in the year 2002 and YYYY is in posession of the property since 2002 and have constructed the house in the 2004 and paying the taxes to the municipal authorities with valid Khata.
My questions to the Learned Members:
Is the above transaction is Valid from a legal per-say, because the Supreme court came up with the mandate that no more registration via the GPA notarized route. Since the above transactions has happened in 2000 and 2002 Can I buy the property?
sandykrish
22 July 2014 at 17:38
Hello Learned Experts.
I'm glad to inform you that today my wife had come to the mediation centre. In the mediation room my wife informed the mediator that she is no more interested in Conjugal relationship and need divorce.
Mediator asked any other demands, she told no and money of xxxx to be handed over in front of the judge.
The mediator immediately asked us to wait that they will prepare the Agreement. Agreement was prepared both the lawyers reviewed and we both reviewed it and signed on the docs and the mediator immediately passed the file to the director of the court and to the 2nd Additional judge at the family court.
The judge called both of us and asked are you taking this decision at free will we both said okay. Judge asked me to hand over the DD and I handed over the DD and Judge double checked with my wife regarding the amount when my wife confirmed the same. She told the order will be passed on 15-July-2014.
To update this:
I went to the court today to enquire the status and apply for the certified copies. The court Computer system is showing as 18-08-2014 as the next hearing date.
When I enquired the Bench Clerk he informed me that case is disposed and showed the "A" Book which stated below:
14-07-2014: Orders Date
15-07-2014: Petition is allowed
I'm no where now when I enquired the pending department they are confirming that file is yet to be received and when I enquire the bench clerk he is simply dodging that I will send file today and tomorrow and this is been the case for the past 1 week and now he is confirming that orders is sent for correction once Judge signs he will send this to pendings dept.
Now I am at doubt to understand what is happening. Is there a way after all the process is completed wife would withdraw the 13 B petition?
sandykrish
19 July 2014 at 23:58
Hi Learned Members,
My 13 B HMA case went to mediation after second motion. In the mediation wife agreed for divorce and then mediation report sent to court in front of Judge she agreed that she needs divorce and judge also asked me I said the same stating that I am taking divorce on my free will, then judge asked for handing over the DD to my wife I handed over in front of Judge.
Post this Judge said orders will posted on 15-july-2014. I went to court today saw the status of the case in the Computer it was reflecting as Next hearing date is 18-08-2014, ideally case has to be disposed right?
I spoke to the Bench Clerk of the court and he said the petition has been accepted by court on 15-July-2014 and I asked him when is the pronouncement of Judgement and he kept quiet?
Could you please help me understand how the process works and technicality to deal with the terminologies the bench clerk uses?
Is my divorce technically passed as bench clerk told that the petition is accepted.
Usually what is the normal duration where Judge take to pronounce the decree?
sandykrish
16 July 2014 at 16:33
Hi Learned Members,
Happy to share the case has been disposed and the divorce decree has been passed under sec 13 B HMA.
Thank you for all the members in this forum who have assisted me in coming out of this cliché.
I wanted to know if there is any appeal clause under 13 B HMA for remarriage?
I have heard 2 statements:
1. One has to wait for 90 days for either parties to appeal for set aside the decree
AND
2. Under MCD there is no appeal clause one can marry immediately?
Could you please let me which is correct?
Regards
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Second marriage and adoption
Hi Learned Experts:
I have got the proposal for the second marriage from the girl side.
She has a 3 year old son from the previous marriage
When we had the initial interactions she confirmed that she has got the divorce through mutual consent in which the child custody is granted to Mother.
Now her conditions for the marriage:
1. To have the name of myself in all the legal documents of her son.
2. To act the legal guardian of her son.
I subtly told her to hold her horses as I was aware of some of adoption related to law.
I believe unless ex Husband registered me the Adoption deed, I should not use my name as the legal father for her son.
Is there any other way these issues needs to be sorted out?
Looking forward for yor suggestions.