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deepak dattatray sawant   10 October 2009 at 11:05

divorce under mutual consent

i was married in 1989 and after 1999 i am staying seperate along with my parents. since last 10 yrs of seperation with my wife and the case already filed since last 9+ yrs. we both have already agreed for mutual divorce in april 2009. but we are find that the regular due court procees is very time consuming and confusing as since last 6 month no proper approach for immediate settlement procedure is observed by us.

i want to know that is there any effective procedure or out of court settlement which will allow us decree in reasonable short period of say 1 month or less.

please guide us, we will be highly obligued

Simp   10 October 2009 at 08:20

Not appearing for counselling in Divorce Case

My wife filed for Divorce and me for RCR in Family Court, and both cases have been posted for counselling on same date. I was absent for first two counselling dates but counselling again posted for november. What she can do if I countinously absent for more than three counselling sessions? Can she ask the court to get the counselling phase cancelled and proceed to trial? As I already filed for RCR, is it possible for me to tell the court that I'm not interested in counselling and so move to trial phase? Can court take any decision without trial just because i'm not appearing for counselling? Actually now i'm not interested/ready for counselling but want to proceed the case to decide the matter on merit. So, what should I do? please help.

allurisivajiraju   09 October 2009 at 20:43

Love before marriage.

Respected Seniors,

A Boy and Girl fall in love and both are enjoying from 2 years with physically and sexually. Now that Girl ready to marry another person without just and reasonable cause.
That Boy is still wants her and disturbed mentally and he is under treatment for mental shok and he also loss his bright carrier.

In the above circumstances what is the remedy available to that boy. What is the procedure to stop the marriage to be performed by that Girl with another person.

Thanking You Sir in Advance.

premkumarnallari   09 October 2009 at 18:27

reconciliation through video conference

sirs,
The Hon'ble Family court at Sec'bad had rejected the request of recociliation through video conference.Aggrieved by this the petitioner moved the Hon'ble High Court,but the High court also dismissed the case and asked the petitioner to present himself for reconciliation.Now the learned counsel for the petitioner has asked for adjournment and wants to proceed to the Apex Court at New Delhi.As a matter of fact,the petitioner is being represented by GPA,who happens to be his own brother.The main petitioner as I told you earlier he stays in US.Can a GPA take initiation of filing cases in matrimonial matters.The actual culprit is the GPA only.I would appreciate if any of our experts answers to this.Finally, I would like to ask as to what the Apex Court's decision would be?

Thanks everybody,
with regards,
premkumar

itishree patnaik   09 October 2009 at 16:52

senior citizen property protection

Sir , with due respect I want to show the truth of justice in our country without any hesitation I can show you the darkness of judicial system of our state. Despite of several laws’ provisions for the senior citizen a 75 yr old widow having a mother of 7 children and house of her own is struggling for shelter. She is forced to The lawyer son and daughter in law threatening her to give their share from the property that she is having as a house of her own. that is the only asset to live in. The daughter in law threaten her to book in dowry case and the son is a drunken on the top she/he use slang language and abuse her to the possible they can for the last 15 yrs. she could not tolerate the abuse and took shelter of the law. she went to the mahila commission and child and women development commission to get help from them. Honorable director of wcds mrs usha padhi gave a bunch of hope and suggest to file a domestic violence case against her son and appointed a protection officer .Due to the negligence of the protection officer it took 2months to file the case. There after the protection officer suggested appointing an advocate so that he look after the case properly. Unfortunately within this neglected period the lawyer son filed a case of partition and injunction suite. as he is a advocate by profession he hired the advocate easily and got the order in his favor. The judgement order is a Xerox copy of the response ……..
Civil cases in our country take years to settle which is known to everyone. S o the mother is no where now she has to fight for the fake case to proof her own properties which authenticate her ownership on document. Till the case is not finalized she could not stay at her own house in this situation. Because she is having hyper tension diabetes she could not tolerate the situation and could not call the police too. doctor advised her not to take any risk by un necessary tensions. With limited pension money which is not even sufficient to manage daily expenditure she has to fight for justice by paying money to the advocates.

As a senior citizen if children starts making nuisance for property does she not have any rights to deprived the way ward child from her property ?At the age of 75 does she not have get the justice asap so that she can enjoy rest of her life in a peaceful manner ?

Point to be noted the honorable judge given the judgment without considering a 75 yr senior citizen .If a person is a lawyer then it seems that the judicial system is a playground for him. The person attends the court in a drunken condition in day light.

DVA has got a separate value and hope for a women. Where the old lady will go? There are lot of articles come for social revolution in this topic. But unfortunately only planning and discussions in use nothing comes out of it. the 75 yr old widow suffers for 15 yrs despite of taking all socio economical burden of the drunkard son and his family. There is no protection for the old lady. The judgment only safeguards the drunkard lawyer.

If in our society the people like the drunkard lawyer starts abusing old parents for property matter then god knows where the parents will go. Like this 1000s of parents facing similar kind of problem and suffers till the end of there life time. This will encourage such nuisance in society if not given proper attention by police or judicial system.
I pray for justice that my mother should not lose her rights on her own property. We as civilians should protect our old parent’s interest so that they should not be harassed or abused by anybody in the last lap of their life.
I need solution for this problem.
what should i do now.

shrikant chavan   09 October 2009 at 13:11

hindu Succession ACt

Can anybody help me to clear the concept fo hindu joint family.
In respect of ancestra proerty devolution by will and partition. What is the effect of the got married and made partition after and before amendment carried out 2005.

pls let me know the case laws relating to the same.

ponnala   09 October 2009 at 10:39

Probation of Will in A P State.

Dear Experts of forum,

This case pertains to A P , and i was told that the Probation of will is not necessary in Andhra Pradesh State. Is it true?

And friends i need clarification;In this case the property had come to Legatee from a Widower.Where she distributes Two Sy. Nos. say 1 & 2 among the Three persons, includes her i)Daughter, ii)Son-in-law, and iii)son-in- law's adopted son's Wife, And further in the will she uses the sentence, that " all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Shri.****(Legatee)"Mr. X", after my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of lands which are under my occupation "
Here again some of the lands were with her own son-in-law "Mr.Y"( Under occupation since 1953, not parted under any instrument).(She has only one Daughter, And the legatee is Son-in-law's Brother).
In the above contest who owns the Property, And During the Life time of "Mr.Y",he disposed of the lands under his Occupation . Can this act, of his (i.e "Mr.Y") is proper in view of The Will?

Kindly Guide me.

With regards....




ABC.......   09 October 2009 at 02:07

Divorce

Wife has been harassed by her husband and due to continous dowry demands by her husband and inlaws, she wants to lodge an FIR and fight case against her husband inspite of the fact that a lot of time is usually spent till decision by court. Please advice on what all I should do.

Ria   08 October 2009 at 22:59

plz help

hi,i got remarried 15days back..my problem is my spouse has double standards..for me he is different and for my family he is different.in front of my family he becomes such a gud man that i don't find any words but in front of me he is totally different.he is dominating,quralsome,possassive,cunning. as he was also a divorcee from his first marriage, he wants a full control on my mind.i speak this to my parents but they are not ready to listen it.as per them, need to compromise as this my also second marriage and they don't want a break off,nor even the boy.. he doesn't reside with his parents.

Plz suggest me how to get a divorce from him without my family's support.