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John Jackson   01 September 2009 at 20:12

Advice reqd on ex-parte divorce vs mutual consent divorce

Hi, I require some advice on which divorce petition might be better suited for my daughter's circumstance. We want to obtain a divorce as soon as possible. We believe the spouse will not have an objection as he knows he is in the wrong. There is no
property, possessions or children to divide. A divorce by Mutual Consent is an option. However this entails a minimum 6 month waiting period which may go upto 18 months. As they have already been living apart for about 2 years, this is again an
unnecessary prolonging of the procedure. Hence, the next option is an Ex-Parte divorce. If we file for divorce and send it to the spouse's address, if he willingly does not respond to the court summons, will the divorce be granted sooner? In short, which method should we opt for to obtain a divorce at the earliest, especially as both parties agree to the divorce and have no settlements to claim of the other. (Both parties are Keralite Christians.)Please advice.

SHAILENDRA SINGH   01 September 2009 at 16:59

Dispute in Between Spouse

Hi! I get a matter in which a Man meet a girl on Net & then marry in Arya Samaj Mandir, Delhi. The girl has submitted fake documents & identity at the time of marriage and now leave her husband & filed a Case in Faridabad Courts but now she is not appearing the Courts & Judge only give dates not considered the dispute. THe Boy is ready to take the girl but not for giving her maintenance

Abdul Ravoof   01 September 2009 at 16:27

UN DEVIDED PROPERTY OF DECEASED MUSLIM

A MUSLIM MEN DIED LEAVING MOTHER, WIFE AND CHILDREN.

AS PER ISLAMIC SHARIA LAW MOTHER IS ENTITLED FOR 1/6TH OF DECEASED SON'S PROPERTY. IT IS WELL KNOWN.

NOW THE MOTHER IS WILLING TO GIVE SETTLEMENT OF HER 1/6TH UNDIVIDED PORTION TO HER OWN DAUGHTERS THROUGH REGISTRATION OF PROPER DOCUMENTS. BECAUSE, SHE DO NOT KNOW WHEN HER DECEASED SON'S PROPERTY WILL BE PARTITIONED OR DISTRIBUTED.

IS THIS VALID? PLEASE ADVISE.

THANKS

Tipsy   01 September 2009 at 13:04

Reqd Ghatkopar address of Legal aid commitee of Civil Court

I want to Take help of legal aid commetee of my district's civil court in
Ghatkopar, pl help me with address and contact.no

Mohamed Ali   01 September 2009 at 10:55

Will to reserve a portion of property


we are a Sunni hanafi family.

My grandmother is getting her share of ancestral property from her mother,
She is getting this property from her mother side for which her mother had fought a suite which has been decreed and as per decree she got 1/17th share,and the suite is still pending in final decree proceedings.

My question

we are a sunni hanafi family.

My grandmother wants to reserve a portion of property which she will be getting to her share to my name. since it is an ancestral property and she has two male male children of her own, can she reserve a portion for her grandson through will or by an other means like giving general power of attorney etc

Please advice how to proceed.

Thanks

ABC.......   01 September 2009 at 00:12

section 9 of HMA

A wife has been harassed by her husband and in-laws and came back to her parental home. After some time husband has filed a petition u/s 9 of Hindu marriage act for restitution of conjugal rights. Wife without knowing about this petition filed compliant in women cell for dowry harassment. However at the time of reconciliation, he placed conditions which cannot be fulfilled by wife like wife should not do any job or wife should bring back jewellery,items etc worth 15 lacs which she has taken from their home(although she does not have any).
1) What do you think husband is trying to do?
2) Is he trying to make any ground for divorce?
3) What should wife do in order to avoid such conditions if she wants reconciliation?
Please explain in detail.

ABC.......   31 August 2009 at 23:55

Anticipatory bail

What is anticipatory bail? What are the chances to get this bail if in case of dowry harassment no FIR has been lodged?

muthusamy   31 August 2009 at 17:44

Leagal heirs

My sister,s son A and his wife B died in an accident while driving his own car. A drove the car. Their only daughter two and half years old survived. The accident occured a month back.

The child is now under the care of the B's parents. The parents of B are now claiming the insurance and other monetary benefits through court. Both the deceased parents of the child were qualified dentists ( M.D.s)

Who will get the money . My sister's aim is the money should be properly used only for the welfare of the child. But she is doubting ann is of afraid that her husband or the parents of the deceased girl may mis use the amount.
What should she do? and who is the proper person or persond to get that amount.

What precaution should she take so that the amount is utilised only for the welfare of the child.

Thanking you the learned lawers and experts in advance.

bon   31 August 2009 at 14:56

Child Custody

Dear Sir,

We are working couple with 3 yrs of marriage & 1 yr baby. My wifes parents are aged & repeatedly interfere in our routines. They are keen to take care of our child whereas i do have my own parents who can do the same.

Initially my wife insisted we stay in a rented house along with her parents till such time we dont have a bigger house.They will take care of the baby. I agreed & kept a maid solely for the baby.

While difference croped up with her parents on routines. I decided to leave that rental flat & now moved back to my own flat.However,my wife has decided not to join & go to her parents house alongwith the baby.

She initially asked me for sometime but now has told me that this is how she wishes to continue as she also has to take care of her parents.She threated (legal)seperation if her parents are not allowedto takecare of the child.I have tried to talk it out for almost a month now.

I come home late & visit to that house to see my baby..which is not possible everyday.do advice me before i act now.

Md Shadab Ansari   31 August 2009 at 09:02

Need Help in divorce matter?

Husband has filed a divorce petition in family court against his wife and he has stated that her wife is living separately since last 2 yrs. Also alleged that his wife was not obeying him when she was living with him and come home late night and didnt help her mother in law in household works. It is the second marriage of wife her 1st husband died.She has 2 issues from 1st husband.Here wife doesnt want divorce my question is what will be the suitable reply to husband's petition.Can court pass order of divorce against wife's will?What could be the judgement?[both r Hindu]