Aman Sharma 04 November 2018
Fightergirl 04 November 2018
Aman Sharma 04 November 2018
Fightergirl 04 November 2018
Fightergirl 04 November 2018
Aman Sharma 04 November 2018
Fightergirl 04 November 2018
Aman Sharma 04 November 2018
Aman Sharma 04 November 2018
Dr J C Vashista (Advocate) 04 November 2018
Contact, consult and engage a local prudent lawyer if you have planned for either of the two options as stated by you, but both of them can not be there.
Fightergirl 04 November 2018
Aman Sharma 04 November 2018
Kumar Doab (FIN) 04 November 2018
Originally posted by : Aman Sharma | ||
I'm planning to file a case against under section 9 and Section 13(i) (a) of the Hindu Marriage Act, 1955 |
You seem to have done some homework and might be having some instances/evidences to put up before court.
Central Government Act
The Hindu Marriage Act, 1955
9 Restitution of conjugal rights
13 Divorce- (i) Explanation .In this clause,
(a)
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL: Family/Civil courts, HC, SC …
Your counsel after examining all (irrefutable/corroborating) evidences can advise you on approach that you are contemplating and asses if you have enough material to bear burden of proof that lies on petitioner (you as in query) and respondent canot tender satisfactory evidence for withdrawal from your society.
And also that condition of other spouse is such that canot be treated and a spouse cannot live with other spouse.
The court may not allow either spouse and their counsels to run away from proving their respective stand.
Kumar Doab (FIN) 04 November 2018
In the meantime you may go thru;
Rajasthan High Court
Reema Bajaj vs Sachin Bajaj on 13 July, 2011
Uttaranchal High Court
Balveer Singh vs Harjeet Kaur on 22 June, 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.148 OF 2008
'H' … Appellant Versus 'W'
The first ground was of cruelty and the second ground was that the respondent has been suffering intermittently from mental disorder of such kind and to such an extent that the appellant – husband cannot be reasonably be expected to live with her.
Nevertheless, we have perused the said certificate which records that Dr. “J” had seen the respondent wife on 14th April, 2000 who was accompanied by her husband. Dr. “J” stated that she complained of decreased sleep, crying spells and angry outbursts, as well as sadness of mood. She has merely recorded that she required psychiatric assessment and observation.
Aman Sharma 04 November 2018