Anonymous
06 March 2010 at 09:58
Dear experts,
I want to file the divorce petition but I am confused in which court I should file the same. Some said file in Civil court and some to file in Family court. I would like to know what is the difference between these two court in regards to divorce proceding?
Some people have advised to file in Family court because it's immediate upper court is High Court and some says in Civil court because it's immediate upper court is District Court so I can get more chance to put up my expressions if the judgement goes against me in lower court.
Can anyone pls tell me which is the best option and why?
Can you pls also tell me the upper court for both these above courts - for Family court and Civil Senior Division court?
Thank you.
Anonymous
06 March 2010 at 01:45
dear air,
I want to know the divorce procedure in detail. I have submitted by petition and the respondent have submitted their reply. I know there will be cross examination of both but before this what are other steps involved in it. How many dates are required generally to reach the final stage? Pls tell me in detail as every one out here only tells me major stages like cross, arguments etc.
Anonymous
06 March 2010 at 00:24
a petition for divorce and alimony/maintenance for child and wife was filed in family court of mumbai by estranged wife under the right Special marriage act. Case issues were framedand interim maintenance was awarded which is partially complied as arrearswas sustantial.
Meanwhile , husbad had earlier filed for divorce under HMA IN cOIMBATORE which later he strangely got amended under SMA RECENTLY INSPITE OF OUR PRAYER FOR DISMISSAL.. CRP is filed for stay AT MADRASS HC.bOY'S SIDE IS RICH AND BOY IS NRE and petrolium engineer
Now at MUMBAI , BEFORE COURT A CONSENT FOR DIVORCE WAS ADVISED TO BE SIGNED BY THE GIRL'S ADVOCATE WITH THE TERM THAT ALIMONY, MAINTENANCE ETC WILL BE DECIDED BY COURT. NOW DIVORCE DECREE IS BEING ISSUED.Coimbatore case will be withdrawn by the boy.
tHIS WAS A SUDDEN DEVELOPMENT AND DO NOT LOOK HELPFUL TO THE GIRL AS THE BOY COULD GET WHAT HE WANTED. wILL THIS ADVERSELY AFFECT THE PROSPECT OF GETTING GOOD ALIMONY, FOR THE GIRL AND CHILD?
Anonymous
06 March 2010 at 00:21
a petition for divorce and alimony/maintenance for child and wife was filed in family court of mumbai by estranged wife under the right Special marriage act. Case issues were framedand interim maintenance was awarded which is partially complied as arrearswas sustantial.
Meanwhile , husbad had earlier filed for divorce under HMA IN cOIMBATORE which later he strangely got amended under SMA RECENTLY INSPITE OF OUR PRAYER FOR DISMISSAL.. CRP is filed for stay AT MADRASS HC.bOY'S SIDE IS RICH AND BOY IS NRE and petrolium engineer
Now at MUMBAI , BEFORE COURT A CONSENT FOR DIVORCE WAS ADVISED TO BE SIGNED BY THE GIRL'S ADVOCATE WITH THE TERM THAT ALIMONY, MAINTENANCE ETC WILL BE DECIDED BY COURT. NOW DIVORCE DECREE IS BEING ISSUED.
tHIS WAS A SUDDEN DEVELOPMENT AND DO NOT LOOK HELPFUL TO THE GIRL AS THE BOY COULD GET WHAT HE WANTED. wILL THIS ADVERSELY AFFECT THE PROSPECT OF GETTING GOOD ALIMONY, FOR THE GIRL AND CHILD?
Anonymous
05 March 2010 at 17:36
My husband died last year due to an accident. I've got the legal heirship certificate with my son, daughter and my mother-in-law as the legal heirs. My mother-in-law is not in good terms with my husband or our family ever since I and my husband got married. She is 80+ years of age.
All our property(land, house, car etc) are in my husband's name.
I can't get a letter of consent from her, to transfer any of the property to my name.
All the mentioned property were bought by my husband and we don't have any inherited property.
What is to be done in this case as I've to transfer the car to my name and she is not willing to give consent.
Mother-in-law doesn't come in our ration card and she is living along with her youngest son at her husbands place . She doesn't depend on anyone else and is getting husband's family pension as he died 20 years back.
We are Hindus and my son and daughter are above 18.
We are from Kerala.
Anonymous
05 March 2010 at 17:09
Que.1.Husband filed a Divorce Petition in the Family Court to Counter Blast the Divorce wife Filed the Case in the Civil Court,
1a.Wife Got the RCR in her Favor Ex-Parte.
1b.But Husband did not obliged the RCR Judgement and he does not have any assets or Employment to attach,
1c.Since Divorce is Pending in the Family can the wife seek Quashing of Divorce Based on RCR in her Favor?
1d.If at all the Divorce is Quashed in the Family Court can Husband File any Appeal in the Higher Courts or in the Same Court?
Anonymous
05 March 2010 at 16:09
Que.1.Dear Experts, Please Provide me with a attachment copy of Decree of Section 9 of HMA(RCR) pronounced in Favor of Wife, If the Copy is not available please provide How and what does the Content look like?
satyam
05 March 2010 at 14:13
Wife left my home without intimation for 8 months to her parents home. She lodged false case of harassment and submitted inflated list of items. Demanding her stridhan items & compensation in support of CAW Cell from me. She is drawing pay more than me & educated more than me. My queries are as follows :
1. Is she eligible for compensation through Cell or filing case for the same ? What reply should I offer in this regard as she wants compensation immediate from me otherwise threatening of case of false charges against me & my family members ?
2. Since her actual stridhan items are under process to hand over, what stand should I take on the furniture items of the nature of joint & common use re garding giving or not giving to her at a time when she is saying nothing on her return to my home, or Mutual divorce. If she makes OK on mutual divorce, I have no problems to return her items Please advice for the steps I should take and tell what may she intend.
My third query is on what ground an order of arrest may be issued against me & my family members when I have returned her stridhan items given actual by her parents and I am not involved in domestic violence wih her in fact, but she is giving inflated list of items and charging of false domestic violence. Is under domestic violence man may be arrested immediate without any warrant on FIR
hemant
05 March 2010 at 09:22
i m brahmin and my elder brother wants to marry with thakur girl he has done marriage in arya samaj mandir my parents did'nt know about that and they are not intrested in this marriage bt girls parents are agree is their is any legal procedure to stop them it;s urjent please help immedialtly
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Ex-Parte Orders Communication to Respondent?
Que.1.Since Ex-Parte Decree literally means the Court Order in the absence of Respondent ,
Que.2.In such a scenario does the Court Order will be communicated to Respondent similarly to Summons or the respondent will be kept in Dark until the Respondent Take Initiative?