Rohi
27 August 2012 at 16:42
Hi friends,
I need Experts advice on this query.
Scenario 1:- Suppose if the husband is working in a Private Limited Company. His salary was Rs.25,000/- and he also got incentives on his sales and takes home around Rs.34,000/- to Rs.35,000/- per month which het gets paid by cheque and is also reflecting in his IT returns.
If a maintenance case is filed under DV Act and Sec.125 and the husband produces his salary certificate of Rs.25,000/- then will the court accept the salary certificate or will the court say that since the husband is getting incentives also on sales then we'll include the incentives also while calculating maintenance.
The reason why I am asking this is because Incentives are purely dependent on sales and are variable depending on Sales and market conditions. However the salary is fixed.
Scenario 2: Husband is working in Sales in a Private Limited Company and he was getting a Salary of Rs.30,000/- per month. However due to non-performance and not achieving targets his company has put him on Disciplinary Action Plan and given him the option to take a Salary of Rs.20,000/- per month and on top of that the company will give him incentives on the total business he gets for the company in a month. Then at that time if the husband produces his Salary certificate of Rs.20,000/- per month will the court accept the present salary or the salary which he was getting prior to disciplinary action.
Scenario 3: Husband is working in Sales in a Private Limited Company and he was getting salary of Rs.30,000/- but due to non-performance his company has reduced his salary to Rs.20,000/- at present and asked him to quit if he does not agree with it. If he produces the present Salary certificate of Rs.20,000/- then will the court accept it or go by the IT Returns of last three years.
Also while deciding maintenance plea does the court go by the salary certificate or by the IT return if the person is salaried in a Private Limited Company.
Kindly reply.
Thanks & Regards,
Rohit
Santosh Nanda
27 August 2012 at 15:11
Can Any one tell me that how much of Stamp Paper is compulsory or require for Male Child Adoption Deed according to Hindu Adoption Act?
neha
27 August 2012 at 14:13
hello sir
my friend was in calcutta before 5 years.he got hindu married there on 5november 2007.from the day from merriage he is in delhi.neither side parents were present in that drama.only photos and registration they have nd continuously blackmailing his family.merriage is also not consumated.
can he filled for divorce...........
she has created account on facebook to hurt his nd family social value and added some friends from delhi nd his relatives nd account is on his name...........
she has written a lot on that acount for him nd parents.....
how should he proceed ..............
plzzzzzzzzzz answer
*parents presence is important?
*not consumated how he should proceed that?
*its almost 5 years?
*he not met her from the day of merriage?
* i want to marry with him now how should we proceed?
Member (Account Deleted)
27 August 2012 at 10:45
I am a helpless father , i can not meet my son till 1 year ,In May'2012 i filed child custody , interim visitation
case .My wife filed 498a/406/34 agains me and my parents this month.Before that no police case , child abution case was filed agains me.
Hearing of child custody case is on 31'Aughst.
My wife is govt.Employee.She and her lawyer prepaing such a way that i can not meet my son.
Will court give me interim visitation right if they resists,is there any law that can resist me to meet my son ,
if there is , then how to proceed ?
lk dwivedi
26 August 2012 at 22:49
a case against my daughter married with a NRI boy(living with father at Muscat, mother expired on 04.04.2010)on 20.01.2010 at Raebareli and deserted her on 01.04.2010, has probably been filed in the family court,Banda-Kurla complex, Mumbai. As per telephonic information by daughter's father in law from muscat,Summon sent by family Court, Mumbai to my daughter for appearing in court on 27.07.2012 not received by respondent being outstation. probebly next date for appearing in court fixed for 14.08.2012.
My daughter deserted by NRI husband (at Muscat, Sultanate of Oman) on 01.04.2010 after only 70 days of marriage. Visited many times their well off relatives at Mumbai requesting for mediation as advised by hon'ble Experts earlier but all in vain rather they are helping them in filing the divorce case in court at Mumbai which we understand is not under sec 13B of HMA i.e.
by mutual consent.
Earlier in last Nov'2011 we agreed for Divorce by mutual consent but they did not agree to come to court at Raebareli apprehending a trap by us.
Request your kind views & guidance :
#How can we know the facts/grounds of the petition,unless we receive the summon again?
#Do we need to attend the family court,Mumbai on next date of hearing i.e. 14.09.2012 without receipt of summon?
# Do we need to engage an Advocate at Mumbai , if so what would be charges normally or any forum/NGO available at mumbai for free legal help?
# Will it be advisable to file a case now under DV Act from daughter's side at Raebareli where marriage was solmnised and the girl's is staying with parents?
#Being retiered from services in 2010, feel very uneasy to face legal case due to financial constraints,not keeping good health and social set up yet desire to get rid of the issue
# Request plz. help and guide for necessary steps.
Thanks & regards
LK Dwivedi
Avantika Hiremath
26 August 2012 at 21:09
i am married in Aug 2006 and since march 2011 i am separated from my husband due to extra Martial affair and mental harassment, i am not willing to continue with him. he is not ready for divorce. trying to isolate me by giving threatening mails and sms to my friends. i cant move out any were alone. have a son of 1 year. pl guide what can done?. if i file for divorce how much time it will take to finish everything?
Kalyan Ghosh
26 August 2012 at 20:40
•Marriage Registration Date Mid- June 2011 (Special Marriage Act)
•Social Marriage Date Mid- Dec 2011
•Ever since marriage the girl (working lady) very often visited her father‘s place. The girl repeatedly started quarreling with boy and in-laws without any grounds.
•She left boy’s place once in end-Mar-12 .However boy and boy’s mother took her back through persuasion within 3 days.
•She again left boy’s place once in end-May-12. Boy and family tried for several persuasions (both written & in person efforts) for reconciliation. Results are in vain till date.
•Meanwhile in mid-July just for once, intimated the boy of her plans to proceed for a mutual divorce ,but no further written /verbal proposal came from girl.
Question is : Can the boy initiate a case of divorce ( not mutual) on the basis of desertion & cruelty by wife, NOW ITSELF. If not, what is the minimum time frame after which, the boy can initiate the divorce case on the grounds mentioned above(Last Date of Cohabitation: end-May 12)
Dinesh Dixit
26 August 2012 at 00:11
Dear Expert,
According to Muslim Law in India
MR. A has two wives. first is X (had two son's with her) and second is Y.After divorce with fisrt wife i.e.X in court and maintance claim by her and Mr.A give regular Periodically maintance. After that, he get married with Y.
Mr.A's father & mother had four son's (Mr.A is one of that) alive yet. In name of Mr.A's Paresnts (Father & Mother) had Property & business. Mr.A's son at the age of 14 yrs, then my question is that Mr.A's Son(grandson) will have right to claim in property of grandparents(i.e. A
s Parents) at his age of maturity.
Please guide me in the above case. is grandson right to claim in the property of grandfather or not?
Thank you
Saikat Sen
25 August 2012 at 21:00
Dear Sirs'/Madams',
Let me tell that who has the authority to issue legal heir certificate?Is Gram panchyat has the authority to do the same?
Pls. give your feedback?
Thanks & Regards,
Saikat Sen
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Non - consummation of marriage
Before I start, I seriously want to take a moment to thanks all the Advocates who is helping people like me and supporting them emotionally and technically to fight for their rights…THANKS A LOT !
Does Non-consummating of marriage a ground of divorce, does that means that marriage is not valid and can be considered to be dissolve
Just to give you all a background;
Got Married in Dec 2010
She left finally in April 2011
I filled RCR after all efforts got vain, in DEC 2011
In Reply/WS to my petition she accepted that marriage was not consummated though she blamed me for that but then accepted.
Now, Can this help me in anyways if I now want to go for divorce using this as a ground since she is not willing to come nor she is ready for any settlement they are demanding huge amount which can't afford at all even if I become their slave.
Please help me in understanding the right movement now....does divorce with Non- consummating of marriage would be a right move and any Idea what time generally court takes in such cases/decision.
I see NO fruitful result in running RCR anymore.. Please Guide.
Regards,
Rahul Sharma