Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KNK A Learner (Learning to share)     18 April 2011

Speedy divorce judgment by HC on age & health ground

Hi,


I have gone thru some judgement in the forum, where in the Mother of a son applied to HC for speedy divorce of his son based on age & single son. Can any body help me in forwarding that judgement to me.


Thanks in Advance



Learning

 11 Replies

Tajobsindia (Senior Partner )     18 April 2011

@ Author

1.
For divorce the matter revolves around a Husband and a Wife. tell readers how a MOTHER of a Husband (son herein) can be party to a divorce proceedings that also in HC to seek such remedy? I can understand that she may be one of the witnesess called in for statement that is all and beyond that how she can reach HC what is her locus standie!


2. If mother is getting older than what good it will do to her age if her son gets a speedy divorce or not? I mean before passing away does she wants her son to get re-married kya!


I have a client and one of his UNCLE is 97 years old based on some of the judgments as you say only you have read here should I tell my client to rope in this UNCLE before HC and plead for speedy divorce of his nephew! I mean on what grounds can a Uncle become impleaded in a divorce matter of a nephew and that of his wife (other than one of the Pet. or Res. Witness as the case may be)! ? mean such types of que. defines all conventional legal - logics I read here, people are still in dream stage so it seems!

 

1 Like

KNK A Learner (Learning to share)     18 April 2011

Hi,

i read one judgment in the forum, where a mother requested the HC to give orders to dispose his sons Divorce proceedings with in 6 months, Since she is the widow and having only son and his age is nearing to 40, She wanted to court to consider his age and also want to see a grand child of hers before she passes away and got order for that. I am still trying to find out what judgement it is?

Thanks,

Roshni B.. (For justice and dignity)     18 April 2011

@ KNK

 

if wot u say is true,then all wicked mum-inlaws,who are by and large responsible for breaking their sons' marriages will use their emotional blackmailing tool of "tears and old age" to speeden up divorce cases.

 

so that they get a new reproductive machine cum maid servant who'll bring lots of booty(dowry)

 

i dont know where u read such a judgement...if it has happened...there must be some influence involved

Tajobsindia (Senior Partner )     18 April 2011

@ Roshni

So as per you that means no wifes' uses;

1. Emotional blackmail before Judges ?


2. Crocodile tears ?


3. Husband as ATM machine to mint money for her kitty parties?


4. Husband to work 24 X 7 to fuel the kitchen like a donkey ?

5. The only one festival a wife remebers is karwachowth as is evident in all petitions we regularly see in Courts where a specific template line of atrocities on karwachowth night by default is always mentioned !.


Well FYI today Indian Men have better CHOICES via surrogacy as well as via adoption and all MIL's are happy with these choices too since HER property is saved na !


The author of this post is right there is a judgment of such nature since MIL was called to HC as respondent # 2 in a S. 482 Quash case and rightly she placed age and next generation facts. 

1 Like

Damayanti (Unemployed)     18 April 2011

Whether she has single son and whether she is aged or not, whether there is no grand child or not, all these is not judiciary's concern and should not be judiciary's concern.

 

 

Otherwise it is deemed as unjustified favour to one suit against rest all pending suits and selectively previleged treatment to ltigants and it abuse of judicial discretion.

 

 

It is everybody's right to have speedy and fair trial, but there is difference between possibility and feasibility.

1 Like

Arup (UNEMPLOYED)     18 April 2011

MOTHER CAN NOT BE A PARTY IN DIVORCE CASE, WHAT MAY BE THE GROUND.

SPOUSES CAN APPLY FOR SPEEDY DIVORCE UNDER HMA.

Roshni B.. (For justice and dignity)     18 April 2011

Originally posted by :Tajobsindia
"
@ Roshni

So as per you that means no wifes' uses;


1. Emotional blackmail before Judges ?


2. Crocodile tears ?


3. Husband as ATM machine to mint money for her kitty parties?


4. Husband to work 24 X 7 to fuel the kitchen like a donkey ?

5. The only one festival a wife remebers is karwachowth as is evident in all petitions we regularly see in Courts where a specific template line of atrocities on karwachowth night by default is always mentioned !.


Well FYI today Indian Men have better CHOICES via surrogacy as well as via adoption and all MIL's are happy with these choices too since HER property is saved na !


The author of this post is right there is a judgment of such nature since MIL was called to HC as respondent # 2 in a S. 482 Quash case and rightly she placed age and next generation facts. 
"

 

 

 

aap baat ko kaha se kaha le ja rahe hai.i just talked generally about mum-inlaws who create marital disputes.

 

 

Well FYI today Indian Men have better CHOICES via surrogacy as well as via adoption and all MIL's are happy with these choices too since HER property is saved na !


I DONT AGREE with you here.Not even a bit.

this may be true in some families.but to say that all men and their mums are very open and advanced wen it comes to adopting children is too much of an exaggeration.u always talk keeping in mind mero families,whereas india also comprises of states like UP,Rajasthan,MP,Bihar,etc. where the people are still very traditional.

i personally know of my friend's mum-inlaw who read in her bahu's kundli AFTER MARRIAGE that she has problems in conceiving a child.

 

based on this analysis only,she defamed the bahu as baanjh,banjari and so on amongst her own relatives.her relatives,who also believed in kundlis and related stuff believed her initially but came to know afterwards that the bahu is capable of conceiving.they even advised her to leave her obsession with astrology,but she paid no heed to their words also.

 

she was so impractical that despite her bahu's medical reports mentioning  that she is reproductively healthy ,she cud not change her mind,as she is obsessed with astrology.and so is her own son,who,strangely had been educated in convent schools thruout his life and had worked in metropolitan cities always.but he too believed in kundli stuff and believed his mum's words.

even he used to consult astrologers for every damn thing such as "shud i do MBA from this institute"?

the institute is a renowned one and had selected him also for MBA,after entrance tests.yet he required advice of astrologers!

 

mind u,this mum inlaw also stays in a metropolitan city,yet she lived in her own imaginary world...rather she believed that her bahu and her family are doing black magic upon her and her husband,so that their son leaves them & becomes a slave to the wife's family.if any bahu's friend telephoned her,she will suddenly imagine that this freind is also colluded with the bahu's family,to destroy the inlaws thru black magic.

 

she is a B.A(Pass)...yet she is damn orthodox..there are many many more activities of her which point out that she is so orthodox that anyone will believe she is insane

 

so tajobs,dont think that people become advanced by stydying maths,Social Studies or science in their schools or a few literary subjects in their college.

broad mindedness comes from one's attitude to accept others' ideas;not by cramming subjects ansd reproducing the same in exams.

Arup (UNEMPLOYED)     18 April 2011

21B. Special provision relating to trial and disposal of petitions under the Act.

(1)The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

knk you may pray u/s 21 b of hma

Sarvesh Kumar Sharma Advocate (Advocacy)     19 April 2011

noneed of judgment file pitition in highcourt!

Sarvesh Kumar Sharma Advocate (Advocacy)     19 April 2011

noneed of judgment file pitition in highcourt!

Ghajini (SSE)     19 April 2011

 

@Roshni

 

if wot u say is true,then all wicked mum-inlaws,who are by and large responsible for breaking their sons' marriages will use their emotional blackmailing tool of "tears and old age" to speeden up divorce cases.

 

so that they get a new reproductive machine cum maid servant who'll bring lots of booty(dowry)

 

Was this text highlighted in red required? KNK didnt ask anybody to express his/her views. Waiting for guys on this forum to grow upa a bit..its been long time seeing them here :D

 

@Tajobs - SENSIBLE THOUGHTS 

 

I have a client and one of his UNCLE is 97 years old based on some of the judgments as you say only you have read here should I tell my client to rope in this UNCLE before HC and plead for speedy divorce of his nephew! I mean on what grounds can a Uncle become impleaded in a divorce matter of a nephew and that of his wife (other than one of the Pet. or Res. Witness as the case may be)! ? mean such types of que. defines all conventional legal - logics I read here, people are still in dream stage so it seems!

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register