Naresh
20 September 2012 at 19:39
Dear Experts,
I got divorce on 25-06-2012 on the grounds of cruelty and desertion of wife by a family court.
(1) what is the minimum waiting period before to remarry?
(2) How to know if the other party had gone for appeal or not (till now not received any notice)?
Regards
Naresh
14 September 2012 at 10:10
Dear experts,
I'm for the husband.
(a)Maintenance u/s 18 HAMA is filed by wife along with interim maintenance prayer at family court, which the family court granted interim maintenance to wife until the disposal of the main petition at family court, which husband had been paying regularly.
(b) The main petition filed by wife is dismissed by the H'ble family court on the grounds of desertion by wife, so this also
stopped payment of interim maintenance.
(c) Now, wife appealed in the high court, also praying for the continuation of the interim maintenane till the disposal of the case at high court, which the husband had been paying earlier at family court.
My question is:
(1) Under the above circumstances, is there a chance that the high court ask the husband to continue to pay interim maintenance to wife, though the main case is dismissed at the lower case?
(2)As I understand interim maintenance filed at the family court is an interim arrangement to pay wife until the disposal of the main maintenance case, which the lower court dismissed on merits. In these circumstances, is it allowed at high court to ask the same relief of continuation of interim maintenance until disposal at high court?
(3) Please help me how to go about this case?
Regards
Naresh
04 September 2012 at 11:15
Dear Experts,
I have the following situation
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Wife's version:
--------------
Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"
But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.
Husband's version:
------------------
In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.
My questions are:-
----------------
(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?
(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?
Regards
Naresh
30 August 2012 at 13:10
The maintenance case filed u/s 18 HAMA by wife is dismissed by the honourable family court in january, 2012 on the grounds of desertion by wife also on the false allegation that the husband is impotent (medical board certified that husband is potent).
Now ex-wife (since divorce is also granted on cruelty & desertion) appealed in the high court asking for continuation of interim maintenance of Rs.5000 pm, (which I had paid until the disposal of main OP case at the family court) until the disposal of the main case at high court.
I recently appeared for the first time before high court, after I received the notice and asked the judge 2 weeks time to engage an advocate.
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Facts of the case are as below:
In the cross-examination, she said
(a) Since my husband is impotent, I'm living separately.
(b) I realized that my husband is impotent 4 years after marriage and by that time it was already 20 months, since we have been living separately.
(c) I'm not interested to live with my husband.
(d) Except on the ground that my husband is impotent, there is no other ground for me to live separately from him.
On her application I was sent to medical board, which found me potent, so her allegation proved fault by the medical board.
----------------------------------------
In these circumstances, I have the following questions
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(1) When the main OP itself is dismissed at the family court on merit, will their claim for interim maintenance be allowed, as the interim was allowed at the family court without ascertaining the full facts earlier and as an interim relief only? Now that, the main OP is dismissed on merits, whatever awarded at the time of IA will no longer have any meaning as it was awarded with partial facts. What to argue at high court so that their interim claim be dismissed?
Naresh
30 August 2012 at 12:38
Dear Sir,
The maintenance case filed u/s 18 HAMA by wife is dismissed by the honourable family court in january, 2012 on the grounds of desertion by wife also on the false allegation that the husband is impotent (medical board certified that husband is potent).
Now wife appealed in the high court asking for continuation of interim maintenance of Rs.5000 pm, (which I had paid until the disposal of main case at the family court)
until the disposal of the main case at high court.
I recently appeared for the first time before high court, after I received the notice and asked the judge 2 weeks time to engage an advocate.
I have the following questions in this regard
(1) Is it a good idea to represent the case party-in-person? what are the difficulties, I may have to face?
(2) Actually, I know my case very well and I was the one who had written and filed the written arguments in the family court. How differently, the high court lawyer may help me & argue? As far as the content of the case is concerned, I am well aware of the case, what extra benefits I would get by engaging an high court advocate?
(3) Apart from the case content, what extra knowledge is required to argue case on my own?
(4) If I argue myself, is there a possibility that the opposite advocate could exploit my inexperience and lack of legal knowledge?
Please advice and answer my above questions sir.
Regards,
Naresh
Naresh
09 May 2012 at 17:33
Dear Experts,
Orders passed by family court in the maintenance u/s 18 Hindu Marriage and Adoption (HAMA) filed by wife on 19-Jan-2012, but this petition got dismissed by the family court judge.
My question is:
(1) Can this order be appealed in high court or revision, which is the correct one?
(2) How much time is permitted to go to appeal in high court?
(3) what is the limitation period, and how it is computed?
(4) can the appeal be made even after limitation period expires
thank you
Naresh
09 May 2012 at 17:31
Dear Experts,
Orders passed by family court in the maintenance u/s 18 Hindu Marriage and Adoption (HAMA) filed by wife on 19-Jan-2012, but this petition got dismissed by the family court judge.
My question is:
(1) Can this order be appealed in high court or revision, which is the correct one?
(2) How much time is permitted to go to appeal in high court?
(3) what is the limitation period, and how it is computed?
(4) can the appeal be made even after limitation period expires
thank you
Naresh
15 April 2012 at 16:43
Dear Respectable members,
Please advice me, whether it will be a good idea to file defamation case against wife side or not in the following circumstances?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Husband filed a divorce case against wife on cruelty and desertion grounds. Wife in her counter said husband is impotent.
But, in the medical board issued a medical report, in which husband is found to be normal (i.e potent). Due to this allegation,
husband faced and is still facing lot of flake & his image is spoiled in the society. Even after medical report, comes in his favor,
still ppl see him with suspicion and it is very disgraceful experience for him daily. So, he wants to file a defamation case against
wife side ppl, whoever alleged, so that it will be a lesson for them in the future that they wouldn't again indulge in such bad
allegations against anyone.
I am asking you following questions to tell me from your experience and knowledge.
(1) Is it a good idea to file a defamation case. If answer is yes/no why?
(2) Will the judge's show leniency towards girl side people and whatever husband intended to happen, will not happen?
(3) Is there a chance for them to escape punishment?
(4) Will the lawyers simply only exploit me financially, and nothing happens to them?
(5) How long it takes to decide the case (pronounce judgment), even though there is a medical report?
Regards
Naresh
Naresh
08 April 2012 at 09:17
Dear Experts,
In Feb'12, family court dismissed maintenance petition filed u/s 18 HAMA by wife on desertion (of wife) ground that is before the new (property) amendments came into force.
Now my question is
(1) Is the new amendments concern to mutual consent divorce only or can it be applicable to contested divorce only?
(2) If it is applicable to contested divorce also, in my above situation, when maintenance u/s 18 HAMA is dismissed, is there any chance that she will be eligible to file for any maintenance/property under new amendments or sections?
Thank you sir,
Regards
Naresh
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Continuation of interim maintenance at highcourt
Dear Experts,
Maintenance u/s 18 HAMA is dismissed by family court on the grounds of desertion of wife and able bodied and highly educated wife.
Divorce also granted in my favour on the grounds of cruelty and desertion of wife by family court.
During the pendency of the main case, I (husband) was paying Rs.5000 regularly as interim maintenance from my mother's earnings,
as I'm without a job (student) and depending on my mother for my sustenance, which fact the Hon'ble court acknowledged in the final order of maintenance case.
Now the wife preferred appeal in HighCourt and asking for the continuation of the interim maintenance at the same rate of Rs.5000 and
the next week it is coming for hearing to decide continuation of interim maintenance at highcourt.
My questions are:
(1) As new facts have arrived now and which are on record, is it possible to reduce the amount Rs.5000 interim maintenance to a lower level to lessen the burden of payment at that rate as I'm currently jobless now? (if the Hon'ble high court so decides to grant the interim mainteance)
(2) What is the lowest maintenance that can be awarded u/s 24 HMA (in main case of sec 18 HAMA)?
(3) Since main case is already dismissed at lower court, what factors do they consider before admitting the case at highCourt?
Regards