raghavendra
05 September 2012 at 08:19
sir,
my wife has filed divorce petition in Bangalore court with out maintenance, than at time of her evidence she filed interim application for maintenance ,i have filed objection to interim application ,
my question is at the time of marriage i have given lots of jewellery to her now how to recover that from her , can i also file interim application to recover entire gold given by me to her ,
thanks in advance
Saikat Sen
04 September 2012 at 22:35
Rambabu has 3 sons & his age is 72 yrs.Bank gives him a loan along with a son as co borrower.He mortgaged his house to bank.After his demise who will be liable to pay the loan?All the 3 sons & wife or only the son who is in the loan?Can Bank acquire the property after the loan become NPA.Is there is a chance that other legal heirs(2 sons & wife) can file a suit against bank to get stay from acquiring the property?
Pls reply?
Amit
04 September 2012 at 19:29
I'd like to know if divorce is granted to one party and the other party appeals in HC but the winning party does not take notice (set up the house somewhere else) and gets married after the stipulated 3months what will courts say?
BTW I am not going through this situation but wanted to know "what if".
Divyesh
04 September 2012 at 15:25
Hello everyone,
I would like to ask question regarding one issue and need proper guidance. In my family, one of my cousin (female) got the divorce and she has 5 years old daughter. In birth certificate of her daughter, father name is specified who is husband of her from whom she got divorced. She want to change father name in her daughter's birth certificate. I would like to know what are the possibilities to change the father name in birth certificate. Can we change father name? Please give me guidance what procedures we need to follow.
Thanks,
Divyesh.
Abhijeet
04 September 2012 at 13:41
Greeting to All,
I am Anirudha I live in Mumbai, got married on 31 Jan'11.My wife has filed a case in congenial court and she is not working. I have submitted my official pay slip of Rs. 42500 pm to the court. I have a loan against which I have to pay monthly EMI is Rs. 22000 pm. I have provided the required document. My rent is Rs. 14500 pm.. I have the notarized agreement which my layer did not ask me. As a result my layer failed to submit the rent agreement to the judge.
Based on this the court ordered an interim maintenance of Rs 15000 pm to my wife. I can produce the rent agreement to the court. As currently I am hardly able to save, honestly I cannot afford to pay Rs 15000 pm to my wife.
I feel that the court was not able to asses my situation before giving an order of Rs 15000 pm as maintenance.
Please guide me as to how to take my case forward and pay a fair interim maintenance.
Also my advocate says that the next hearing date is decided by the judge. I have to travel to pune for the hearing. I am comfortable on Saturdays. My wife live in Pune. Is is possible to book the next hearing date as per my convenience.
Thanks in advance for your advise.
Anirudha.
Puneet Bhardwaj
04 September 2012 at 12:16
I got married in April 2010. we had disturbed life immediated after we returned from honeymoon. My wife had told me she goes for meditation once in a month for two hours to which I had no problem. After two months of my marriage she started going to her guru from morn.0800 Hrs to 2130 Hrs. Hr mother used to pick her up on every Sat & Sunday inspite of my stopping her. Both of them declared that I should have my own friendly circle for week ends and National Holidays as she would be with guru and Her Guru was her first priority, 2nd her parents and 3rd husband and my parents had no place in her life..She started threatening for divorce and at times suicide. She had hidden from; me that she was suffering from PCOD, Depresssion and Fissures problems. She destered me 3-4 times for a period of 15-20 days each. Her father used to tell my father "Keep them away this will create ignition between them.
Then Last when she deserted me .For three months I tried through my relatives, friends but she did not come back. Her parents also did not respond.Inbetween she went abroad for one month and did not provide me her Flight detail, Hotel details. Coming back details.
Finally my lawyer filed Judicial separation thinking that they would run to come back to matrmonial home. But she filed maintenance case. The case went to mediation in the first hearing and mediation failed as I refused to stay with her.
We provided detailed case of her income, my income, expenses, investments. The court ordered to product financial details of both of us with income tax returns.- which is in process.
She is earning 6.5 lacs p.m and now claims she has left the job about a month back.
They have put case in CAW Cell, with inflated list. We have returned admitted list items (Genuine) Her digital locker was opened in presence of police. The case is going on.
The have filed DV case after one year of separation.
During the first date my lawyer told me that she would handle the case and we do not need to attend. However her assistant could not manage passover and she reached court late by an hour. The judge told that during the next hearing exparte decision would be taken. However she convinced the judge showed her airticket etc. and the next date was taken as 4th Sept. Today we went to MM court and judge was on leave. Reader had our date of today.Steno had date of next hearing sometime in End Dec.
My wife father was present whereas the attendance was shown both my FIL and my wife. My Lawyer's attendance was not shown
her assistant's attendence was not shown during the first hearing. My lawyer is saying she will manage.
I am confused , Can u guide me . Do I need to change my lawyer. My wife has demanded maintenance and compensation here also.
Naresh
04 September 2012 at 11:15
Dear Experts,
I have the following situation
--------------------------------------
Wife's version:
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Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"
But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.
Husband's version:
------------------
In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.
My questions are:-
----------------
(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?
(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?
Regards
Anonymous
04 September 2012 at 07:27
A & B are husband & wife. A is having affair with C who is married with X. Out of A & C's relationship D is born to which name of X is shown as father on record. A has filed divorce petition against B on the ground of cruelty. C, D, X are not parties in said divorce proceeding. Matter is still subjudice. How B can prove adultery of A with C ? How DNA test can be asked about paternity of D ? (all are doctors).
hello good day
03 September 2012 at 22:47
sir/ms.,
good day !!!
like to know are there any provision in law/regulation under which in-law can file a suit against parent of their dauighter-in-law for not allowing her to go to her marital home ?.
if there is such provision, then in that case, suppose in-law take recourse through it to bring her back and in process if she declines to come back then what is the counter action in-law has to face ?
regards.
gautam.
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Divorce
"our client is ready and willing to join her matrimonial home alongwith her husband, provided your client provides her and her child a seperate house for them as per law, away from the residence of parents of your client, or even our client is ready and willing to join and reside together with your client where he is working/residing now, without leaving her employment, and this fact is intimated to your client several times by our client. Our client ia currently not in a position to leave her employment as she had no financial support from her husband to take care of herself and her child, and his current employment is not permanent, which makes the child's future insecure. Our client informs us that, instead of making arrangement to join our client and her child your client for the reasons best known to him he is indulging in the unlawful act of compelling our client to dissolve the marriage by mutual consent"
The above is the reply for the consented mutual divorce notice.
Earlier in the exchage of mails, the wife agreed to MCD saying NOT A BAD IDEA when suggested that both jointly petition the court for MCD and therefore notice for MCD was sent. Have one female child aged 2 years. The wife for customery sake saying that husband and his parents tortured, gave mental harassment and what not. Both husband and wife stayed together for one year and the wife left matrimonial home exactly one year after marriage. It is 2 years 10 months seperation. wife left matrimonial home Nov, 2009. Husband took a job abroad in March, 2010. Since then he has been calling her to come to his place and live with him. She has not responded. All registered letters sent to her were returned with markings refused.
NOw Is there any law that forces a husband to provide a seperate house, discarding husband's octogenarian parents suffering from heart problems, kidney problems. Is it not a bounden duty to keep the aged parents with him(husband) than going seperate with wife in the same city. The husband does not want to leave his parents at any cost. contemplating to file full fledged divorce petition. What are the problems he will face in the court. He is unemployed and would probably ask for maintenance from his wife who is lucratively employed, drawing around Rs.3,00,000(3 lakhs per month). Wife is having her own palatial home. Husband is having a flat bought under home loan, regularly paying EMIs by hook or crook, the flat documents are with the lending bank and will be released once the loan is repaid. Does the wife has any share in the property. Also
Need helpful advice as there is no chance of getting united. Husband will never leave his aged parents lurking.