Megha
03 February 2011 at 16:15
one of the my friend's husband got exparty divorce from her and got married (second), after this marriage my friend came to know that he got divorce from her and she suit an appel to high court, the high court set aside that divorce decree and revert it to lower court again,the case is running now but still his husband is living with his second wife and two children (born by second marriage). I want to know is his second marriage is valid while divorce decree is set aside and divorce case is going? is my friend can take any action against second wife of her husband?
Anonymous
03 February 2011 at 16:01
Sir,
I would like to know which sections under dowry act,DV act, etc. a woman and her parents and sister can put against her husband.
1) Both lived together for one month only seperately after marriage.
2) Both lived together in wife's residence with her parents and sister for next one month after marriage.
3) Wife recorded secrectly every conversation of husband when they were together.
4) When wife was not comming to stay with husband after 2 months of marriage, husband spoke harsh words on phone(threatening in terms of wife's side). That too was recorded.
5) The seperation is more than 9 months after marriage.
6) The wife was diagnosed pregnent after 2 months of marriage. The wife or her parents have not informed uptill now, what was the result of the delivery.
7) There is no conversation between husband and wife for more than 9 months.
Anonymous
03 February 2011 at 03:22
My client's marriage was solemnised on 18/11/2010 at Vizag(Simhachallam).After marriage bride groom has not even touched the bride at nuptials and left for Bangalore where he is working in TCI.As per the BG's mother Bride went to Bangalore onDecember15th,2010.Immediately on 18th,December,2010 Bg's Mother telephoned from Orissa to bring the Bride to her residence at Orissa on the plea that she would teach her cooking.Brides father denied to this and the bride stayed with Groom for one month up to 14th Jan,2011.BG dropped her in the Brides residence at Hyderabad on the pretext of visiting for Pongal.During brides ststay at Bangalore he never touched her and always says that he married under force from his parents and he didnot like her at all.Now on several requests to take her back the Bg is telling that he wanted to divorce her.Bride is mentally harrassed and is always crying and wanted to die.She is highly qualified(MBA,DOEACC'A'Level Programmer)and is from a very rich family.Brides father spent a lot on Dowry and household assets worth 20lakhs.Bg is from a poor family doest have a house to livein and he is MA(ECON)and M.Phil.Working as a team Leader in TCS BPO.He even not declared of having married in his office.He has not come to registrars office for a marriage certificate.It all seems preplanned and for money. Please advise what to do in this case.Bride is not willing to file a case agaist him.She still is having hopes on him.As per experts advise we tried to resolve the issue through elders. But the bridegroom is adament and says he willnot accept the bride.No lifting of phones.We called Bangalore police over Phone to resolve the issue. To this he was very adament and says he wants divorce. Bride is still having hopes and says she will wait.Kindly advise what to do. Thanks in advance.
ksvrajuadv
02 February 2011 at 22:37
Hi Experts,
I need formet/sample of application u/s 27 of HMA & also suggest me scope of this section?
Anonymous
31 January 2011 at 14:51
We have two separate issues.One relates to our father’s personal HUF and the other relates to our ancestral joint family.
The background concerns an ancestral family home in Gujarat. The greater HUF was formed in Gujarat. There were three partial partitions made in the 70’s. Our grandfather passed away in August 2010. All the ancestral property was divided 3 ways between our father (the eldest son) and his 2 younger brothers. Some possessions were divided directly and some in the form of trusts, of which the 3 brothers are both trustees and beneficiaries.
Just prior to his passing, our grandfather did a final partition of his HUF. In this, my father waived his rights to his share.
With regards to the first partial partition in 1974 of our grandfather’s HUF, both our uncles seem to feel that they have been wronged in terms of having received unequal shares at the time father. At the time of division both our father’s brothers got shares worth an amount equal to the book value of a flat that our father had received. However, at that time the property which had been bought some years previously by my grandfather, had gone up in value. And here lies the discrepancy.
With the above scenario in mind, we would appreciate clarifications regarding the greater ancestral inheritance and to our grandfather’s HUF.
Queries and clarifications:-
(1) Is it legal to raise this issue of divisions from the past, after 30 odd years? Since they had agreed to the divisions at the time and signed the papers, can they now retrospectively challenge the divisions?
(2) If his brothers can demand in 2011 there should have been an equal division and are legally entitled to do so, will there be retrospective evaluations or current values taken into consideration of what was partially partitioned in 1974?
(3) In the event his brothers are legally entitled, what then needs to be done to amend things?
On the other hand, as explained above, in the final partition that took place just prior to our grandfather’s passing, my father waived his rights to his share (as explained above)
(4) We would like to know if our step mother or any of my father’s daughters have a right to challenge this decision to waive his rights.
(5) Does our step mother have any right to the properties as part of partitions before he married her as at that time my father’s personal HUF consisted of our late mother and us three sisters?
(6) Also if you could please clarify if the granddaughters are now, or were (prior to their grandfathers death) coparceners/members of all ancestral property held in trusts or otherwise?
(7) Could you clarify the issue of class I and class II heirs? When do class II heirs become class I heirs? And what is their legal status?
(8) Does our step mother have a right to demand to see my grandfather’s will (in which neither she nor either of my uncles’ wives have been mentioned)?
dr.nasim kumar
26 January 2011 at 17:34
how is the amount of alimony calculated if husband and wife stayed for less than a year with each other
Anonymous
23 January 2011 at 23:14
Please advice
Hi,
I need some help & advice. I got married in July 2007 under special marriage act. My wife is a christian and i'm a Hindu. We've agreed to go in for a mutual divorce. We have a 2 year old son from our marriage. We have been staying seperately from last 1 and half years without any contact. All she calls me is for money for the child. I've been paying 3000 every month for the child. I have the below questions:
1. Do i have to pay her lifetime maintence?
2. Both of us work. I earn around 4L & she around 2.4L. Do i still have to pay her maintenence while she's earning?
3. She said she'll return back to her parents and delibretly stop working inorder to claim more maintaince from me. Is that possible.
4. What kind of one time settlement amount should i be looking for to settle this out of court.
5. She chose to live seperately even after my repeated requests for her to comeback and live with me and my parents. Her reason being she's not comfortable in the house as she cant practise her religion.
I never stopped her from going to church and neither my parents.
Please advice...
Thanks
Anonymous
23 January 2011 at 22:22
A petition is "allegedly" by a lady in Family Court seeking Divorce from her husband on the ground of cruelty under section 13(1)(ia) of the HMA.
Subsequently, 3 months later, a Memorandum of Compromise was "allegedly" filed by both parties under Order 23 Rule 3 CPC.
On the basis of this, original petition was allowed on same day and an Order granting Divorce by Mutual Consent was recorded under Section 13 B of the HMA was passed
The compromise provided for alleged agreement between parties, viz;
a)Divorce shall be granted.
b)The lady will not have any claim against her husband for her Maintenance.
c)She should not have any claim over the property of husband, and,
d)She will not have any claim over the custody of her children.
It was only 3 months after divorce order that the lady came to know about this fraud played upon her only. The same can be understood from the fact that till then she was residing in the house her husband unaware of the fact that the a Divorce Decree has already been passed. There are several proofs supporting the same.
Immediately the lady files a suit which is a suit seeking to declare the Divorce Decree as null & void on the following grounds :
1.That the "alleged" original petition and Memorandum of Compromise have been actuated by fraud and coercion by her husband by threatening her.
2.That NONE of the provisions of a mutual consent divorce have been adhered to and the Order of Divorce is not in conformity with the mandatory provisions of section 13B
3.The divorce pronounced merely on the basis of a Memorandum of Compromise filed under Order 23 Rule 3 CPC.
4.No Decree of divorce can be granted under Order 23 Rule 3 CPC of HMA otherwise the very purpose of enacting a law under Section 13 B of the Hindu Marriage Act is lost.
5. Several recent Supreme court judgments have been citied which have come down heavily on Family courts for waiving of provisions of Sec13(b) very freely.
I would, as a student of law, like to get perspectives from the learned members of this community on the
A). Quality of judgment as well as following a due process by the Family Court.
B). Legal strength of the position taken by the lady now.
C) Is there a provision in the law which the lady can take help of for remedying this gross tragedy?
Regards
Anonymous
23 January 2011 at 16:42
Hello ! Please help me to understand the following doubts:
1. Is it important to register the foreign wedding of Indian couple in India? wondering if Indian govt. or Private organizations in INDIA like banks, visa offices or any other such institutions recognizes such wedding that took place out side India and registered outside India ( in USA, that was done in Christian customs rather Hindu).
2. We are confused since now my brother and his newly wed bride has moved from USA to INDIA for good but they got married in USA therefore for opening a bank account or ration card, election card or Pan card in India may require to submit marriage certificate. Wondering if USA marriage certificate would be recognized during such official dealings.
If Indian constitutions or Govt. Organization recognizes USA marriage certificate in India then still somewhere we are worried if in future not having his wedding registered in India would cause some unpredicted problems. So thinking of getting his wedding registed in India too.
3. Further we are not clear if it would it be a problem if my brother registers his wedding in India based on his Indian wedding date which is different than his wedding conducted in USA?
Therefore, critical to know what to do - should we get his wedding re- registered in India or not? The Indian wedding was done in proper way - like invitation cards where printed, photos and videos where produced.
Please reply,
Look forward to hear from you
Thank you
Savdeep
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divorce
SIR,
I HAD DONE A REGISTERED MARRIAGE UNDER SPECIAL MARRIAGE ACT 4 YEARS AGO WITH A GIRL. BUT HAVN'T STAYED WITH HER SINCE THEN. I REALISED THAT MY DECISSION TO MARRY HER WAS WRONG AS FOUND MANY DISISSIMARITY IN THINKING AND HABITS BETWEEN US. I JUST CANN'T START LIVE HER BECAUSE EVERY TIME WE MEET, SHE QUARRELS WITH ME AND SHE HAD MAKING A GREAT HAMPER IN MY PROFESSIONAL LIFE. I DO SERVE INDIAN RAILWAY AS AN ENGINEER, AND MY DUTIES ARE VERY LABOURSOME. I JUST CANN'T REPLY TO HER QUESTIONS ALL THE TIME AND SHE THEN STARTS HARASSING ME AND EVEN THREATENING ME TO COMMIT SUICIDE. I JUST CANNT LIVE WITH HER AND NEED DIVORCE. SHE HAS TAKEN AWAY MY PEACE OF MIND AND I CANNOT DEVOTE COMPLETELY TO MY SERVICE. PLEASE HELP ME . I ASKED HER TO APPLY FOR MUTUAL DIVORCE, BUT SHE DENIED. NOW PLZ HELP ME HOW CAN I APPLY FOR DIVORCE FROM MY SIDE?