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KANDE VENKATESH GUPTA   07 July 2009 at 19:58

mutual consent divorce

When the couple wanted to get their marriage dissolved by mutual consent, is it necessary to wait for six months after filing an application for mutual consent divorce application u/s 13-B of H.M.Act. Is there is any Judgment of the Hon'ble Supreme Court or any other high court in this regard opining that the divorce can be granted even before expiry of six months by referring the case to lok adalat etc.,

kaushikphm   07 July 2009 at 17:50

Parent Documents

Dear Sir,

My sister and myself intend to partition a property. My sister wants me to handover all the parent documents pertaining to the property and Myself having certified copies of all the document.
Kindly advice me whether I can give all original document and retaining the certified copies.

satyadevi   07 July 2009 at 17:12

genral power of attorney

sir,
can a GPA be revoked? is there any time limit for the GPA to be valid?

Harinarayan R. Tripathi   07 July 2009 at 14:49

Validity of Will

Dear Sir,

I shall be grateful for your satisfactory answer-

Q. Whether will can be challenged, if yes, then in what circumstances it can be challenged and what are its importances?

G. ARAVINTHAN   07 July 2009 at 06:43

Interim maintenance order

In a divorce proceedings filed by husband, wife files application for interim maintenance for her and 2 girl children and the same was allowed. Husband preferred revision before High Court. The lower court order was confirmed and the husband is directed to pay arrears and interest and wife was given liberty to withdraw the same.

Now husband not depositing arrears.

What is the remedy for the wife?

i.vasudevan   06 July 2009 at 20:23

Law before hindu succession act 1956

i want to meet one case in my office...
i tell the short of the case

one lady got the land (self acquired)by registered sale deed dated 28.06.1930 and she died in the year 1935 leaving behind her two sons and three daughters. Her two sons sold the same property in the year 1945 and the same property was sold by her three daughters in the year 1957.

Now which document is valied?
how the share will succession to the heirs?

in my office we are searching authority?
can u help me sir?

aparna   06 July 2009 at 14:27

marriage registeration

a person usually gets his marriage registered (is mandatory in law too), but when the married couple gets a divorce, is there any provision as getting the divorce registered? does a person require to cancel his marraige registeration certificate? if yes, under which law and procedure for the same please.

damodar   06 July 2009 at 14:22

Complex family court situation

I am having an interesting situation here in chronological order.

1).My wife filed a 498A with a set of allegations.

2).I had filed for divorce on the grounds of mental cruelty and desertion. Petition denied. Appeal Pending in HC.

3).She filed for Restitution of Conjugal Rights. Petition granted. Appeal pending in HC.

4).She filed for Maintenance u/s 125 of CrPC. Petition granted. Appeal preferred. Trial court order confirmed.

5).After two years she filed for Maintenance u/s HAMA 18(2b) with the same accusations as made in 498A case. Maintenance granted. Both sides Appeal pending in HC. Even in this case she produced false bills which my advocate could expose in court. However, it did not get reflected in the judgement.

6).After all this the 498A judgement was acquittal, with the comments specifically stating that my wife has left me on her own will and not due to cruelty.

All the judgements in the subsequent (civil and maintenance) cases are based on the assumption that I have treated her with cruelty and deserted her. Now that those grounds and causes of action have been proved false in the 498A case,

a).How do I start proceedings to get the trial court to ensure justice? Will a civil court take cognizance of the criminal court’s order? Or should I approach only the High Court?

b).Since I have certified copies of chief and cross examination documents of my wife and in-laws with several blatant contradictions (from all cases). Can I start perjury cases even when the perjury happened in cases which are lying in appeal with the HC? I believe that a perjury case will stop repeated harassment.

Mahesh Agrahari   05 July 2009 at 16:23

father wants child custody when mother is characterless

Hi, My wife ran from matrimonial house 9 months ago and took the kid (2 yr old daughter) with her. She had run away with her boyfriend. Ever since she was threatening for 498a so I did not go to visit my child.

She had tried for abortion when conceived because she wanted to do job, she left the child with her parents for sake of job when we were togather despite my objection, now during separation also she has left the child with her parents and working in a far off city. She does not meet with child for months.

After recent talks when she has been betrayed by her boyfriend, she has consented for mutually agreed divorce however not ready to give child to me.

Please let me know following-
1) What are chances for me to get the custody if I go to court
2) Can divorce case run in parallel of child custody and can divorce happen dispite child custody being contested?
3) Due to her bad character ( I have solid evidences) , can I get the custody..

I have now come out of any fears of 498a etc and I ready to go any extent to fight for the custody.

Please help an aggrieved father.

Thanks

Ria   05 July 2009 at 15:28

Exparte Order and reocvery of the permanent alimony.

Dear experts,

The petition of divorce filed by me has been decreed exparte against the respondent.

The judge has granted me a lumpsum amount. How will I recover this amount ? Should I file a recovery petition or does the court have its own procedure of recovering the lumpsum amount granted via exparte.