Anonymous
10 February 2011 at 11:22
I am respondent in a normal matrimonial petition filed u/s 13(1) (ia) filed by my wife. The case is simple and no adverse allegations are in the case. After five dates the case is at issue stage now. No one can predict how much time it will take now onwards. Meanwhile I have good job offer from abroad. But two years bond is to be signed. I have let them my position of case and they have agreed to send me back once or twice if required during the bond period. There is no Criminal case of any kind is pending against me.
My queries are
1] After determining issues what is the remaining procedure and approximately how much time now onwards it will take?
2] On the date fixed for hearing (cross examination of witness / proof) no hearing is done or petitioner deliberately to harass me apply for adjournment and I cannot make it to come again on next date and judgment is given in favour of petitioner due to non-presence of me, can I appeal in the concerned Hon’ble High Court against the Judgment?
Anonymous
10 February 2011 at 11:20
I am respondent in a normal matrimonial petition filed u/s 13(1) (ia) filed by my wife. The case is simple and no adverse allegations are in the case. After five dates the case is at issue stage now. No one can predict how much time it will take now onwards. Meanwhile I have good job offer from abroad. But two years bond is to be signed. I have let them my position of case and they have agreed to send me back once or twice if required during the bond period. There is no Criminal case of any kind is pending against me.
My queries are
1] After determining issues what is the remaining procedure and approximately how much time now onwards it will take?
2] On the date fixed for hearing (cross examination of witness / proof) no hearing is done or petitioner deliberately to harass me apply for adjournment and I cannot make it to come again on next date and judgment is given in favour of petitioner due to non-presence of me, can I appeal in the concerned Hon’ble High Court against the Judgment?
Anonymous
08 February 2011 at 09:41
Need a Supreme Court leading case which declared "Fulfillment of Parental Obligation is not a pre-condition to claim Maintenance"
Anonymous
05 February 2011 at 09:32
Sir,
I have inherited 2/3rd share of my mother's property after filing partition suit and my sister inherited 1/3rd shareby meets and bound. During the pendency of partition suit my sister constructed RCC house to which I approached court for status quo order. Court gave me status quo order where my sister did not present herself to vacate the status quo order. The main partition suit came for final hearing and judgement was delivered.
Now the question is
1) Whether the construction of house by my sister is valid ?
2) By her illegal and unauthorised construction can I be able to claim my 2/3rd share in the property ?
3) To claim my share should I have to pay any compensation ?
4) What will be consequences by such construction ?
Please give your advise.
Thanking you,
Yours sincerely,
M.S.N.
dasarivasu
04 February 2011 at 19:49
Now my son is coming to India along with his wife and children.The cruel parents of my daughter in law are read to separate them on road itself by taking her along with child to thie native place inpsite of heath emergency of my son who shall be admitted in hospital immediately for surgery on the same day.
My heart is burning ! We are going to file this petition in FC immediately.
Please suggest any corrections if any
_________________________________________________
PETITION IN THE FAMILY COURT
Dear Sir,
I xxxxxxxxxx s/o yyyyyyyyy aged 34 am non-resident Indian citizen. I am working as zzzzzzzzzz in Thailand since the past five years. I am married to wwwwwww on 22 February, 2007 at my native place xxxxxxxx, Andhra Pradesh, India under Hindu marriage customs.
Immediately after marriage, my wife joined me on spouse VISA. We were blessed with a son . All of us are staying in Thailand with lawful visa and work Permit and visiting India occasionally.
My mother in law smt. xxxxxxxxx (mother of my wife) is residing in U.S.A as US Citizen. She has applied for visa to my wife under married daughter (F3) category. For the past one year my wife has been demanding me to resign my job and both of us should go to U.S.A., to her mother residence and live there as her dependants.
I refused to go to USA as I have no job prospects there. I wish my son should study and brought up in India with our culture and heritage instead of radio collar bondage on the legs of Indian Students in America. I have studied PhD in India with the support of my parents and now highly placed in my profession with immense job satisfaction. My career is bright in Thailand which is famous for my expertise.
But my wife has been threatening me that if I refused to go to USA along with her she will make an attempt to commit suicide and also give false complaint to Police against me at Thailand and my parents at my native place in India and see that we are imprisoned for no fault of us.
Recently I underwent an operation for xxxxxxx in our company Hospital at Thailand. But the operation was not successful. I have to undergo repeat surgery as advised by Doctors in our Hospital. This time I want to undergo repeat surgery under the care of my parents and family doctors in India.
But my wife is refused to allow/accompany me to go to India and threatening me to commit suicide if I went to India. The doctors advised me to undergo surgery as early as possible, otherwise it may prove fatal.
My wife is also threatening me not to talk to my parents or to visit them and threatening me to implicate my parents also in domestic violence cases if I ever talk to my parents.
For the past few days my wife’s demands have become more and more aggressive and she is creating unbearable atmosphere in the house. She is not even allowing me to attend my office and upsetting my mental equilibrium.
I am mortally afraid of my wife’s wild behavior. I am also afraid for the safety of my son who is just 3 years old. I feel no longer safe to live with my wife in our house at Thailand.
Due to health emergency under inevitable conditions I am compelled to leave for India after obtaining necessary leave from my employer at Thailand.
Under these tense circumstances after repeated requests and conciliatory measures somehow I have managed to come to India along with my wife and son on 4th February 2011.
Again my wife refused to accompany me to my residence at xxxxxxx and left me on road as soon as we step down from bus in xxxxxxx and went along with her father and relatives waiting for her and left to her native place Razole. She has taken my son also along with her on 5th February 2011.
Afterwards I have admitted in Indian Hospital for surgery under the care and supervision of my parents on the same day.
Now I request Hon’ble Court to issue suitable direction to my wife to join me along with my son to live peaceful married life without above said harassments and wild desires to stoop down to her feet at the cost of my future and profession. In the event of my wife refusal to join me I may be given divorce as last resort.
She is in hurry to leave for US along with my child and it will be impossible to bring her back and my child’s future will be in quagmire as our Indian laws cannot be enforced in US once she become US citizen. Therefore I also request Hon’ble court to impound her Pass Port not to leave the Indian soil till the Hon’ble court decides justice and pass appropriate decree in my case.
I request you to kindly provide protection for me and my son and my parents in India and allow me to lead tension free and respectful life in the society.
Thanking you sir.
Anonymous
04 February 2011 at 17:27
One of my relative got married in a hurry as he had limited holidays. On the marriage night, bride told her in-laws that she is in love with someone else whom she cannot marry for quite some time. When her family forced her to marry she could not say no (out of several reasons) and that she could not remain with her new husband as a wife either. She wanted to run away next day. Her family was informed of the matter. But because of society, girls family don't want to take the matter to the court. What can this boy do when he won't get the divorce or annulment. This boy is NRI. If he don't come back to India or contact this girl's family for one year and neither this girl agrees to compromise or contact this boy - what will happen then?
This girl is stubborn and said that If she will be forced to go back to her in-laws she will commit suicide. I don't understand her frame of mind at all. Bride's family at all costs want to hush-hush the matter. Girl wants to buy time and she will get that and she don't like this boy either. This boy cannot trust her anymore now. Before marriage when he asked her she completely gave different answers. Later she told him that she don't have any passport or don't have any intention to go abraod also. He even talked to her family later, then they agreed to write mutual consent of annulment on stamp paper that this marriage never existed. marriage took place in village where they have reputation. But this annulment is not valid lawfully. They said that the boy is free to marry again. This boy is very innocent and excepted that as true. But later he came to know that this annulment is not valid.
If this boy file for divorce - then brides family can get furious, as they don't want people to know about this. where he can file for divorce if their relatives or friends should not come to know?
What if they will force this girl again to compromise. Then she will tell lies to this boy and make her in-laws life a living hell out of revolt. This boy wants that she should divorce him and wait for this other boy to marry her later.. but then her own family don't want that. how complicated this is.
Latest development is that the boy who abroad now, cannot come back before new vacation is assigned. that can be 6 months-one year. When he contacted the girl family on phone. They told him that the case is closed from their side. He is free to marry abroad. how can this be possible. If girls of indian origin for marriage were available abroad before he would never had married in india. Girls abroad perfer white man or indians with large bank balance.
How long can he wait if this family refuses to go for mutual divorce? We know that this girl is living alone somewhere and not with the family.
Can waiting will weeken the case or strengthen the case? The boy never deserted the girl, it was girl who left the boy and told everyone that she will never go abroad. she never wanted to. Nobody can force her to that either.
Boy's life is screwed now - he cannot marry again in India and neither there is any hope of compromise from girl's side.
Can he apply for ex-partee divorce now or after some time without marriage certificate or anyother proof in the world. All the proofs like photos or video are with the girl's family.
Amit
04 February 2011 at 15:01
Can a husband drag his wife's friend to court alleging that his wife has been s*xual relation with her friend after marraige? (Because it's an ground for the husband to filling a divorce petition against his wife.)
(The friend stayed out side of the girl's state & not meet since 4/5 years)
In the same time, can the wife drag to her friend alleging that her husband and friend together mentally depress & showing any type of ground?
Please help that friend to escape from the husband wife.
I wait response.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Succession act
what is difference between succession Act 1925 and 1956?