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satyadevi   11 November 2009 at 11:50

divorce to mentally ill wife

sir,
in the present case the husband is a software professionel working in mnc mostly at night shift.the marriage took place with the consent of both parents and it was arranged marriage. after marriage it was found by the boy that the girl was mentally unstable she had suicidal tendencies she was lacking in personal hygine also. later it was revealed that she was taking some medicines for stress release and the girls mother is also mentally unstable.the boy gave her the treatment and the drugs required but she was becoming worse as during night time this boy has attend office fed up with this after 2 years the boy wants to take divorce from the girl. please suggest the section under which he can apply for divorce and also is he required to pay any copensation to the girl?

Anonymous   11 November 2009 at 11:30

custody of child

A and B are married and have two kids. One is of 5 years son and second one is of 2 and half years daughter. Husband relocated his home to some other place. Wife is also working. She has her office branch in the city where husband relocated. Wife is not ready to take transfer. Son is with husband and daughter is with wife. Since she is working, she is leaving her daughter in baby sitting. Husband is staying with his parents. Husband is not like to leave his daughter in baby sitting. Husband and wife are not divorced and judicially separated. They are husband and wife in the eyes of law.

Whether husband can bring the daughter without her consent? whether it amounts to kidnap or some other crime?

Dasan   11 November 2009 at 11:30

Exparte Divorce

I got Exparte divorce from Family Court in Ernakulam. My wife never attended court. The order received in February 2009. Can I remarry now. Or if there any legal obstruction still I need to clar.
Thank for advice in advance.

Ria   10 November 2009 at 11:01

Appeal(writ petition) in High court of Mumbai

Respected Experts,

I have filed an appeal (Writ Petition) against setting aside of exparte decree in a Marriage Petition in the High Court of Mumbai. The Petition is at the stage of Pre-admission.

Now the problem is that intially I was given a date of 3rd Nov 2009 and the corram was as per the sitting list. When I went to the court on 3rd I got to know that the sitting list has changed and therefore the date for admission of Petition was postponed to a later date.
Now the date for admission of the Petition and the date of hearing in the lower court is clashing as they are the same.

Please guide as to how can I get the date of hearing in the High Court preponed or postponed, as Iam not aware as to before which judge the matter will come up. As the corram is being shown - as per sitting list.
I fear that if this continues like this my matter will never come up for admission.

premkumarnallari   09 November 2009 at 16:39

annulment of marriage

Dear Sirs,
Can an affidavit filed in family court by the petitioner be ammended?
The family court was supposed to give an order on the affidavit given earlier.But the petitioner's GPA alongwith his advocate wanted to present the ammended affidavit,which was not possible because of the Hon'ble Judge's absence.The next date has been posted on 28 December 2009.My daughter is a respondent in this case.What best can be done in this case? The suggestions in this regard will be highly appreciated.
Thanks
N.Premkumar

Anonymous   09 November 2009 at 15:00

Partition and Will


I filed a suit in the Civil Court for partition of suit against my sister. Subsequently they produce fake and bogus will and claim all the property. In the lower court I have not succeded to bring to the notice the evidence as well as neither I challenged the Will.

Is it possible for me to bring this evidence and challenge the Will in the High Court. What are options open for me to get justice.

I am made to believe that the evidence and opportunities given in the lower court will not be given in the high court. I have to rely on the evidence of lower court.

Please kindly advise what I should do to rectify and correct my evidence. The fault was not committed by me. It was only ignorance of the law.

Atish   09 November 2009 at 09:22

MOBILE CONVERSATION OR SMS AS PROOF

What is the procedure of obtaining very past to present CONVERSATION and SMS between 2 or more mobiles and what would be the cost to obtain it and the time period.
This in case for a FAMILY OR CIVIL COURT matter. Would it stand as solid proof? Is it a very cumbersome procedure and in what form would it be presented.
Regards

Anonymous   08 November 2009 at 22:32

Matimonial problem

Respected sir,
with your expert opinion i took a lot of advantages,as i want to discuss one more problem,
sir as my wife has registered a case u/s 498a & 406.34 ipc at the instances of her maternal uncles & i got anticipatory bail from DHC,as she is only daughter of her parents in delhi.as i love her very much and don't want to spoil my matrimonial life.so please let me the ways so that i can take her back with her dignity.
please save my life,reputation,and matrimonial life. please advice me that how can i resume my life with her?

umesh seth   08 November 2009 at 16:52

partition of property of grand father

My grand father got expired in 2002. My grand father has only one son and one daughter.We were two brothers and one sister. My father has one -inimmovable propery. My elder brother got collapsed in car accident in 2004 My sisiter in law (deceased brother's wife)filed a suit against my father with regards to immovable property which he got from my grandfather without will with the purpose for seeking the partition of such property. My grand father did not execute the WILL for such property. My query is whether my sister-in-law (my deceased brother's wife)can claim in the ancestral property which my father got from my grandfather even when my father is alive.

Please answer with reference of the relevant act for partition or distribution of ancestral property.