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NAdvocate here. You have no legal right to make your father pay for your foreign education, even if he has the money. Since you had a well paying job, you should definitely reapply for a job and move out ASAP. Donāt bother filing maintenance cases here, it will be a waste of your time and will make the relationship even more strained. The Supreme Court has also recently held that unmarried daughter who is able to earn and can support herself is not entitled to maintenance from the father. If you really want to go abroad then save up for a year or so and then apply for an education loan maybe.NYour sister can take a divorce under dissolution of Muslim marriages act under cruelty ground. Section 2(viii) of the act provides for divorce on this ground and specifically says that taking a another wife and not treating them all equally becomes a ground for divorce under cruelty.NGet your lawyer to pull some strings in the department to get the divorce decree sooner. Iām confused. If you got divorced 4 years back why donāt you have your decree by now? The decree usually takes 3-4 months to be ready in my city after the date of passing of decree , and thatās the longest Iāve seen. You filed your divorce in Ghaziabad? And you need to register your marriage in West Bengal? It looks unlikely that it can all happen before 21st.NItās called cost, not fine and it technically belongs to the party (plaintiff) itās to compensate plaintiff for wasting his time due to the defendants no show or delays in filing reply etc. We usually give it to the client if he is present in court that day.NIt wonāt be a problem legally but you will be stuck in a limbo indefinitely if he refuses to cooperate. In my experience I have seen many cases get settled mutually after one of them files a contested petition.NSend a legal notice for divorce through a lawyer asking for mutual divorce and to attend a meeting with your lawyer at a fixed date , failing which you will be constrained to file for divorce. If he doesnāt respond then file a contested divorce under cruelty ground. Once he is served with the petition he will have to come to court and at that time if he agrees you can convert your contested petition into a mutual petition. 6 months after filing the petition the divorce decree will be passed. Even if you file mutual divorce you normally need to wait for 6 months for the passing of the decree, unless you have some ground to waive the cooling off period.NSince you are already married you have to register your marriage with the local municipal office and not the marriage registrar. As per my knowledge it can be registered wherever either parties reside. Ask a local agent , you will need to submit marriage proof (invitation card, marriage photos) as well as local address proof (usually Aadhaar card or they may accept leave and licence agreement also)NThis is for registered marriage under special marriage act where the marriage registrar solemnises the marriage. But OPās marriage is already solemnised so they cannot get married again. They need to register the marriage under Hindu marriage act with the local municipal office. It can be registered in local office where either party resides no matter where the marriage took place.NPolitely accept her apology but clearly tell her itās not going to work because of her fatherās behaviour of falsely accusing you. Please take screen shots of her apology and your reply and keep. Her father had no business calling you up and talking that you when you had never even met him or even done anything to his daughter to get such a reaction. Plus the outright false accusations of stealing money shows his shrewd nature and if you decide to go ahead with this relationship it would be a real disaster. If she couldnāt control her father from calling you up and talking like that, then she wonāt be able to stop him from filing any false police complaint either. I doubt anything will happen if you stay away but still better to keep evidences in case they decide to make a complaint.NDonāt do that as it can become a serious liability especially in case of accident. Better would be for tour cousin to enter into a leave and licence / rent agreement with your parents to show his address at your parents home temporarily for the purpose of buying the vehicle on his own name.NYou need to register your marriage with the local municipal office by showing marriage proof- nikah nama, wedding photos , invitation card and 3 witnesses need to be present along with both of you.
Your lawyer is right, as for SMA you both need to be unmarried and will need to not disclose about your nikah. Also if you register under SMA that invalidates your nikah in the sense that legally you will be governed under SMA for divorce and not by Mohammedan law. If you want to remain governed by Muslim law then you should register it with the local municipal office.
NIt can only be done abroad if both parties consent to foreign court jurisdiction. But the foreign decree can be challenged in india if one of the parties doesnāt consent. So only if itās mutual it makes sense to divorce abroad. Also if they need to remarry in india then they would require a divorce decree from an Indian court and would need to apply for the decree here as well.NYou really want to take legal action against your gfās parents? Thatās the most ridiculous thing Iāve heard and if your gf hears this then she may not want to be with you. You need to tell your gf not to succumb to her parents pressure. Or man up and meet her parents and agree to get engaged for now and plan for marriage in a year or so, otherwise be prepared to lose her.
