deep (deep) 06 May 2015

Pls help save our family life

Married April 2012 Son born Jan 2013 Son got a seizure attack in July 2013 Since then they have thrown me n my son out of home saying that they don't want me n my son as they don't have any money n time for us September 2013 he filed divorce HMA 13 On first hearing, he filed for child custody n I filed interrim maintenance u/s 24 His case were all lies. Later he filed an application to withdraw petition with a permission to file fresh one. But did not come to court. Case decoded ex party i n my favour Then he filed application for case restoration Case restored But the application of withdrawing petition with permission to file fresh one Dismissed Then he willingly withdrew the case FIR against him Feb 2014, but challan still not presented, he on bail I filed 125, in march 2014, order passed September 2014, review against order filed by both of us. He filed to dismiss maintenance n I filed to hikr, both dismissed Order for 125 stands as it is, but he has not paid maintenance I filed DV in Aug 2014 but till date they hv not received summons Now he (husband) filed divorce u/s 12 in ambala saying my bad character, no saptapadi (phery) in our marriage. It is second marriage of both of us, so it was very simple but everything otherwise was given in marriage n every occassion Ground taken fraud by respondent section12 c (he says wen they came foe marriage, respondent,s parents said hmary family me sphere no hoty . So they took respondent home believing the same. In 2014, petitioner inquired n came to know that respondent family me phere ka custom hai . So respondent played fraud.they say in petition that - no saptapadi- no shadi mentioned section 7 (2) HMA so now applied for nullment. Phere huy thay but I have no photographs no proof. All dowry, my original certificates, marriage photos etc in their possession My n my husband,s both,s second marriage My sister-in-law in same/similar cases with her in laws She left her matrimonial home in July 2013 n has ruined my life too Pls help n guide sir

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12 Replies

Adv. Chandrasekhar (Advocate) 07 May 2015

1. You file for execution of Section 125 maintenance.

2. You take steps for serving DV case notices.

3. You take steps for filing the challan in Section 498-A case.

4. You have nothing to worry. The grounds of non- performance of phere cannot make the marriage invalid. The marriage is valid. The court will not annul the marriage on that simple ground. Also get certified copies of divorce case and at the advice of your advocate have to file them in S. 12 case.

You require good and honest advocate. Then you definitely win the case.

SAINATH DEVALLA (LEGAL CONSULTANT) 07 May 2015

saptapadi is only a religious ritual,don't bother.If the query is true U have adequate merits on UR side to fight the case.Suggestions from ADV Chandrasekhar are good enough for U.

deep (deep) 07 May 2015

Thanks for the replies. The queries r all true. What is bothering me is that he might have destroyed sphere photographs, I don't have those too. I just hv the few we uploaded on Facebook I have seen judgements where it is clearly written no saptapadi- marriage void. Almost all judgements. If I need not bother it being a minor issue, why most of advocates say this is essential to prove phere . Wat if he proved no phere n denied phere..can i pls get links of some judgements or ammendment related to 7(2) of hma

SAINATH DEVALLA (LEGAL CONSULTANT) 07 May 2015

Refer the below mentioned case

Pratibha Rani vs Suraj Kumar & Anr on 12 march 1985

deep (deep) 07 May 2015

Thanks a lot Pls tel me if there s any amendment in HMA N pls given ref of some recent cases pls help

deep (deep) 08 May 2015

Contents of petition u/s 12 being all false, should i file in high court for its transfer in mohali from ambala or should i file petition for quashing it or both?

stanley (Freedom) 08 May 2015

@ Author .

you seem to be a master in filing cases and fighting cases .

HMA 13

HMA 24

HMA 12

CRPC 125

Domestic violence

SEC 498 A

Your cost for figting these cases must be quite a lot and i understand that you are a well experienced person this being your second marriage . From your first marriage how much did you abstract from your Ex ?? your english is good and you could easily get a Job and be self sufficient . It seems that you are found of easy money :-)

Your title is absurd by stating "that please save our family life " once these cases are filed there wont be a compromise it ultimately ends in divorce .

deep (deep) 08 May 2015

Should not hurt someone whose life is already ruined

SAINATH DEVALLA (LEGAL CONSULTANT) 08 May 2015

Further Amendments to the Hindu Marriage Act - July 2013

Thu, 07/18/2013 - 13:47 — Dimple Chainani...

The amendments to the Hindu Marriage Act Bill may finally see the light of day, after three years of debates. The Group of Ministers (GoM) headed by the defense minister Mr.A.K.Anothony have attempted putting forth feasible options to those amendments that have been especially prickly in nature.

The suggestions are as follows:

The wife will now have a share in both the inherited and inheritable property of the husband post divorce. The exact share she receives has been left to the discretion of the sitting judge. The earlier recommendations did not cover ancestral property and only referred to property that had been acquired during the marriage.
As per a new clause 13F, if the inherited or ancestral property cannot be divided, the wife will have to be paid adequate compensation based on both the valuation of the property and by calculating the husbands share in the abovementioned property.
The judge will make a decision on compensation based on the entire picture i.e. the disposable income of husband and wife, primary custody of the children, movable and immovable property as well as inherited property. This seems a suitable option as the earlier recommended amendment was for an equal division of all properties irrespective of who got custody of the child or children.
Additionally in cases where divorce has been sought on mutual consent, the judge can grant divorce to one of the party’s involved after a period of three years, irrespective of the stance of either of the people at that point. In a lot of cases one of the party’s may change their mind leading to harassment of the other party. With this amendment the judge can now grant divorce after three years and even in the absence of one party.

deep (deep) 09 May 2015

Any amendment in case of ceremonies in hma

deep (deep) 09 May 2015

Any amendment with respect to ceremonies in hma

KarmaHaunts2015 (owner) 15 May 2015

On one hand u say your husband thrown u and ur son out, and then you say your husband filed for custody of ur child. Y on earth will he do that if he didnt want the child as u said

Im sorry but agree with Stanley that after filing so many cases how can you title your query as "Pls help save our family life" . As no where it appears you are doing anything to save your married life. There is no mention of any reconciliation efforts stated by you.

Mam, no body gets anything by hurting you, but the only request to you is to ask yourself whether you really want to save your family ? and if answer is yes then your actions are not in those directions

All the Best !