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Lata   01 March 2018

Requirements to admit a divorce petition

In case of divorce petition filed on the ground of cruelty and desertion is there a time gap required? Please answer one by one 1. Cruelty - time gap 2.Desertion - time gap


Learning

 107 Replies

Adv Radhika Mehta (Advocate)     01 March 2018

If by time-gap you mean seperation period? If yes, no such requirement when Divorce is sought on the ground of cruelty.  If, however, it is on the ground of desertion that you seeking Divorce then the desertion should have been for a continuous period of not less than two years. 

Lata   01 March 2018

Is there any action against false claims made by husband to bring his wife within his district's jurisdiction for divorce proceedings after his family has threatened to kill her?

Lata   01 March 2018

Is there any action against false claims made by husband in the divorce petition to bring his wife within his district's jurisdiction for divorce proceedings after his family has threatened to kill her?

Lata   01 March 2018

Is there any action against false claims made by husband in the divorce petition to bring his wife within his district's jurisdiction for divorce proceedings after his family has threatened to kill her?

Adv Radhika Mehta (Advocate)     01 March 2018

Section 19 in The Hindu Marriage Act, 1955
40 [ 19 Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

Under the HMA, Divorce can only be filed in the abovementioned District Courts.  If the Court where the husband has filed is not within these, you can challenge the jurisdiction of the Court.  Alternatively, you can file a Transfer Petition to have your case transferred from that Court to another Court.  

Lata   01 March 2018

One more doubt. If both husbabd and wife have orally abused eachother then cruelty was on whom and what will the Court say

(Guest)
Originally posted by : Lata
Is there any action against false claims made by husband in the divorce petition to bring his wife within his district's jurisdiction for divorce proceedings after his family has threatened to kill her?

 

if wife claims that husband is makimg false claims then wife has to prove it ! why was the wife threatened ? what kind of discussion brought the words of threatening to kill the wife ? if you can throw some light on these learned advocates can help you !


(Guest)
Originally posted by : Lata
One more doubt. If both husbabd and wife have orally abused eachother then cruelty was on whom and what will the Court say

 

if husband and wife are school going kids then they can approach school principle( court) if they are matured they will solve their own problems. 

both husband and wife are at fault. 

Lata   04 March 2018

False claims of cruelty against elders. The wife has well taken care of the elders and has even looked into their medical needs and has sufficient call records with the Dr as at that time due to some problem she was resolving for her friend she had all calls on auto record. Also people have seen her serve the elders but the man wants to torture her by false allegations as desertion is not the ground he can seek as it's a 2 yr marriage. Can she file defamation against the husband as she has received court notice?

(Guest)

you did not answer to my question, what were the circumstances the husband and his family threatened to kill the wife ? 

 

Lata   05 March 2018

This is a criminal family that does not require any circumstances. The mother-in-law picks fights unnecessarily and son is currently her dog since father's death for money and property. This MIL wanted the DIL to leave the house and started threatening and abusing. 

Q 1. Can their previous criminal records such as Police complaints and FIR copies be got under RTI?

Q2. Can husband be sued for defamation for stating falseties to get divorce petition admitted? Wife has strong evidence


(Guest)
Originally posted by : Lata
This is a criminal family that does not require any circumstances. The mother-in-law picks fights unnecessarily and son is currently her dog since father's death for money and property. This MIL wanted the DIL to leave the house and started threatening and abusing. 

Q 1. Can their previous criminal records such as Police complaints and FIR copies be got under RTI?

Q2. Can husband be sued for defamation for stating falseties to get divorce petition admitted? Wife has strong evidence

You got the right husband and right mother in law. ha ha ha

You will grow old in this forum. Best way is to fall to husbands feet ask pardon. Fall to mother in laws feet and ask pardon. And continue with married life if any.

This is why they say, people get what they deserve laugh


(Guest)
Originally posted by : Lata
This is a criminal family that does not require any circumstances. The mother-in-law picks fights unnecessarily and son is currently her dog since father's death for money and property. This MIL wanted the DIL to leave the house and started threatening and abusing. 

Q 1. Can their previous criminal records such as Police complaints and FIR copies be got under RTI?

Q2. Can husband be sued for defamation for stating falseties to get divorce petition admitted? Wife has strong evidence

You got the right husband and right mother in law. ha ha ha

You will grow old in this forum. Best way is to fall to husbands feet ask pardon. Fall to mother in laws feet and ask pardon. And continue with married life if any.

This is why they say, people get what they deserve laugh


(Guest)
Originally posted by : Lata
This is a criminal family that does not require any circumstances. The mother-in-law picks fights unnecessarily and son is currently her dog since father's death for money and property. This MIL wanted the DIL to leave the house and started threatening and abusing. 

Q 1. Can their previous criminal records such as Police complaints and FIR copies be got under RTI?

Q2. Can husband be sued for defamation for stating falseties to get divorce petition admitted? Wife has strong evidence

You got the right husband and right mother in law. ha ha ha

You will grow old in this forum. Best way is to fall to husbands feet ask pardon. Fall to mother in laws feet and ask pardon. And continue with married life if any.

This is why they say, people get what they deserve laugh