Naresh
20 September 2012 at 19:39
Dear Experts,
I got divorce on 25-06-2012 on the grounds of cruelty and desertion of wife by a family court.
(1) what is the minimum waiting period before to remarry?
(2) How to know if the other party had gone for appeal or not (till now not received any notice)?
Regards
Dr.Gaurang N. Gandhi
20 September 2012 at 18:07
A & B ARE BROTHERS.
'A' died instated left his wife and four daughters O,P,Q,R behind him.
all were living in one house in name of A.
B died left only one male heir X.
X married with P.
now how to divide the share in the said house?
R says the house was purchased by A from her grand father Z.
while X says that Z had donated the house to him (X) by oral gift.
Both side no documentary evidence available.
The property is situated in an interior village so no past record could be found.
Both parties X And R want to sue against each other how to resolve the problem?
In Gram panchayt form No 2 is in favor of A and Tax Bill shows X name.
R married and living in the same house on other part.
X married with P and also living in the same House.
Can X succeeds if file suit?
Dharmender
20 September 2012 at 14:03
Below is the agreement deed which is to be made between husband and wife to get mutual divorce. 498 and Dv act cases are pending in the court from five years.
Please advice whether this deed is good for Husband or not? Whether few more clauses are to be made in this deed? Is there some thing missing in this deed.
Whether the deed would be signed in front of Judge or Magistrate in any court?
COMPROMISED DEED
This deed of compromise made on this ………..Day of ……………..2012, between Husband (herein called as the 1st Party) and Wife (herein called the 2nd Party) on the following terms and conditions :-
1. That the 1st Party was married to 2nd Party on May 2005 according to Hindu Rites and Ceremonies at Panchkula.
2. That 1st and 2nd Party lived together and cohabited with each other at Ambala Cantt . Both of them moved to NOIDA after a short period and out of this lawful wedlock, a female child was born on 30 Dec 2006 at NOIDA.
3. That the 1st Party and 2nd Party tried their best level to adjust with each other but all in vain and have been staying separately from 30 Jul 2007. The efforts of all the relatives, friends and well wishers also failed in bridging the differences between them. The marriage has broken down irretrievably with out any possibility of retrievable. Therefore, the 1st Party and 2nd party have now mutually agreed to dissolve their marriage without any further bitterness.
4. That it has been resolved by the intervention of relatives and respectable of the 1st Party and 2nd Party that 1st Party will pay a lum-sum alimony of Rs ……….to the 2nd Party for all her expenses including the maintenance and other litigations and the female child will be kept by the 2nd Party through out her life and will have no concern whatsoever with the 1st Party and his family members in all concerns. This amount mentioned above is paid for 2nd Party as well as her female child. It is also settled that no claim of any kind for any litigation or any complaint in the court of law or before any officer will be filed by any of the parties. The female child will not claim any claim of any maintenance or any marriage charges or any claim of property from the 1st Party and his family members in future. The sole responsibility of female child will rest upon the 2nd Party in all respects.
5. That it has also been resolved that the 2nd Party will withdraw all the criminal cases filed against 1st Party Under Section 323, 406, 498-A, 504 and 506 IPC and ¾ of Dowry Act & U/S 18 F&G, 20 of Protection of women from Domestic Violence Act as well as u/s 125 if any, pending at Gautam Budh Nagar, Uttar Pradesh during the pendency of divorce petition.
6. That 1st installment of Rs 275000/- (Rs two lacs seventy five thousand only) will be paid through a Cheque No………………………. dated ……………….drawn on ………………………………..on day of filling of the divorce petition and 2nd installment of same amount will be paid on the last day of signing the divorce decree by Cheque No………………… .dated ………………drawn on ……………...
7. That none of the parties will claim anything in future from either party and all the disputes have been settled by this compromise.
8. That it has further been resolved that both the parties are bound by this compromise and they have no relation ship whatsoever with each other from today.
9. IN WITNESS WHEREOF both the parties have appended their signatures in the presence of witnesses mentioned below.
Witnessess:
1st Party
2nd Party.
dr anurag kashyap
20 September 2012 at 10:42
i want to know who can file a bigamy case against the husband.this person married another lady fraudulently without disclosing that is divorce case is pending in the courts. now bigamy case can be filed by the first wife only who was legally married or the second lady can also file a case of bigamy after prooving the marriage
Ramkrishna
19 September 2012 at 22:39
SIR,
MY COUSIN SISTER WAS MARRIED IN INDIA AND IMMEDIEATLEY LEFT TO USA.
THEY ARE BLESSED WITH A SON WHO IS TWO AND HALF YEARS NOW.
RECENTLY BOTH OF THEM CAME TO INDIA ALONG WITH THEIR SON, SHE HAD TO LEAVE EARLY AS SHE HAD A JOB EMERGENCY BACK IN USA.
HER HUSBAND WAS TO LEAVE THIS SEPTEMBER.
HE WITHDREW $52,000/ FROM HER CREDIT CARD ACCOUNT AND GOT IT DEPOSITED IN THEIR JOINT ACCOUNT.
WHEN MY COUSIN SISTER FOUND ABOUT THIS SHE GOT THE ACCOUNT FREEZED AND GAVE A COMPLAINT TO THE BANK AUTHORITY.
NOW HE DOES NOT WANT TO GO BACK TO USA.
SHE WANTS THE CUSTODY OF THE CHILD.
COULD SOMEONE PLEASE SUGGEST HOW TO GET THE CUSTODY OF THE CHILD.
vijay sharma
19 September 2012 at 17:13
i am filed a case u/s 12(18,19,20,22,23) of d.v.act in this case i need your help her husband and father in law, and mother in law made a consipercy to get rid of from his son wife and they disallow their son and his wife from their all property to avoid the claim of their son wife and tender an affidavite 1st class magistrate and publish in newspaper without her son`s wife knowledge..any case law which help me in this case.....
pooja dedhia
19 September 2012 at 12:58
My uncle is expired. there is no legal hair and his wife.he was the alone person.there is no will of it. the amt which is already kept with post office in kishan vikas patra Now kishan vikas patra is matured now.THERE IS NO NOMINmy father is the entitled to get this matured amount .we have prepared the affidavit by taking the sign of non objection of his brother & sister.my uncle was living at the Gujaratand he had kept the kISHAN VIKAS PATRA AT GUJARAT ALSO HE DIED AT GUJ.what procedure is to follow my father to get the matured amount which is rs 6 lacs?
sHOULD I TAKE PROFESSIONAL SERVICE AT MAHARASHTRA LAWYER OR GUJARAT LAWYER?
Rajiv Kaicker
19 September 2012 at 11:21
I want to make a Will.I have only one child.
Is it necessary to get the Will registered? What are its advantages?
For obtaining a Succession Certificate/Probate,is a Registered Will required?
Ankarsh Rattan
18 September 2012 at 18:15
My wife is living seperted from last 2 years. We have a girl child of 2.7 years. I had imposed conjugal rights case in District Court on 15 October 2010 and custody case for child in lower court. She had imposed maintenance case for her and child in lower court. She is earning Rs 17000 and I am earning Rs 24000 per month. Now i am giving Rs 2000/- PM maintenance to my Child. In custody case the interim visitation hours was given by court on 31 Mar 2012 but that the child will be meet at Church from 05 to 07 PM on ecah sunday, but she does'nt comply with orders of child and I have to file contempt petition. On hearing of both contempt and custody petition, judge , the judge says we will sent your case to mediation centre. Now custody case will sent to mediation centre whose date of hering is in 28 Sep.
I want to withdraw conjugal rights case and continue with maintenance and custody case. Is any future consequences arising if i do this ?
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Continuation of interim maintenance at highcourt
Dear Experts,
Maintenance u/s 18 HAMA is dismissed by family court on the grounds of desertion of wife and able bodied and highly educated wife.
Divorce also granted in my favour on the grounds of cruelty and desertion of wife by family court.
During the pendency of the main case, I (husband) was paying Rs.5000 regularly as interim maintenance from my mother's earnings,
as I'm without a job (student) and depending on my mother for my sustenance, which fact the Hon'ble court acknowledged in the final order of maintenance case.
Now the wife preferred appeal in HighCourt and asking for the continuation of the interim maintenance at the same rate of Rs.5000 and
the next week it is coming for hearing to decide continuation of interim maintenance at highcourt.
My questions are:
(1) As new facts have arrived now and which are on record, is it possible to reduce the amount Rs.5000 interim maintenance to a lower level to lessen the burden of payment at that rate as I'm currently jobless now? (if the Hon'ble high court so decides to grant the interim mainteance)
(2) What is the lowest maintenance that can be awarded u/s 24 HMA (in main case of sec 18 HAMA)?
(3) Since main case is already dismissed at lower court, what factors do they consider before admitting the case at highCourt?
Regards