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aman rajput   07 July 2012 at 22:02

Mutual divorce procedure

Dear Sir How much time it takes to take divorce degree under mutual consent and what is the procedure under HMA...???????????

Never Give Up   07 July 2012 at 20:57

Striking off defense in gwa petition

Hello Experts,



Husband files GWA petition for custody. Wife delaying the written statement from long time to avoid meeting father to a kid.


What can be done in this situation ?


Can we argue for striking off defense in GWA application as not filing written statement from long time ? It should be verbal argument or written application ?


Experts please help.

a k pandey   07 July 2012 at 20:03

125 crpc

Wife has filed suit for maintenance under crpc 125. Husband in on govt. job and has been appointed in above job under dependent case of his father being declared medically unfit for the job. Before appointment husband was required to file affadavit that he will take care of his parents and in case of not doing so his 50% salary will be paid to his parents. Husband's net salary is around Rs.20000/-. Parents are staying with husband. Wife did not obeyed sec.9 hma decree and had also filed case under 498a.

Can husband get relief of his salary being considered Rs.10000 i.e.50% of his salary under provisions of CPC, sec. 60 or any other provision?

Nairita Datta Chowdhury   07 July 2012 at 18:33

Guardians & wards act, 1890

A father wants his child to his custody, but in between the parents of the child there was no marriage held, the father accepted the child gladly and gave maintenance all the time whenever the mother of the child wanted for the child's education or for any other necessity. Now the father wants the child in his custody because the mother of the child is not taking proper care of the child, and in the name of the child's education grabbing money from the father, In the mean time the mother of the child stopped the father to meet his own son. In fact the father is not getting proper news of the child also and he wants to admit the child in any good school for his good education which is not possible for the mother because she is keeping the child with an illiterate servant as she is a working lady.

i have filed a case u/s 25 of the Guardian & Wards Act, 1890.

This is the fact of the case.... can u give me good recent citations in favour of the father who is seeking to see his child and to take custody of him.... need it very urgently...

aman rajput   07 July 2012 at 08:51

Custody of daughter

I with my wife is going to file Mutual Divorce petition in the court. We have also got a small daughter of 5 years .Currently the daughter is staying with her mother. Sir my in laws have promised me that my wife is not going to remarry again ever in her life on the basis of that I agree to file Mutual Divorce Petition and give 11 Lacs in the form of FD under my daughters name for the bringing up for my daughter as my daughter will then be look after properly by her mother....I have a doubt that if my wife break the promise of remarrying so will the custody of my daughter automatically come to me under Hindu Law???? or should i get this condition mentioned in the Mutual Divorce Petition before filing the same in court???????????? as I am very much concerned about my daughter .....and my wife is not at all ready to stay with me due to interference of my in laws in my matrimonial life.

Survivor   06 July 2012 at 23:16

Can go abroad for short term if dv is proceeding

Hi Guys, One case of DV is proceeding against me from last an year, and this is the phase where the Court has asked to submit DV proofs from her side and will be proceeding further where later on I need to submit my counter on that. I am working in a software company and my company wants to send me Dubai for some project related work and this visit will be of 3 months. I just wanted to know if this is the current situation of a DV case so how can I go to abroad for these 3 months.

Kavitha Singh   06 July 2012 at 16:07

Will hubby gets wife property

Dear Sir/Madam,

I have a query My Musi (Aunty) has 2 daughters both are married elder one is Aradhana and other one is Anitha. (Both sister got married on same day in same kalyanamantapam).
Anitha is married to a well to do family and still she very greedy and foxy lady.
Aradhana is married to a poor family (as the boy and his family members did not ask for any dowry)
At the time of marriage my aunty had told the boys side that, they will be give one house for each of them.
One house which was earned by my aunty and that house is for Anitha (it is very big property).
And other house is for Aradhana which is ancestral one (which is very small 18x30 sqft which has 2 floors ground and first)
Later stage Anitha’s property was sold by my aunty and Anitha and they bought 3 plots out of that money.
10 yrs back my Musaji expired before his death she forced my musaji to make will (which was not known to anyone except my aunty, her few friends, Anitha and her hubby). Will states that Ground floor for Anitha and First floor is for Aradhana.
Aradhana use to ask money for her parents to save her son they never ever use to help her at any cost in spite of having more than enough with them. (So I came to know my aunty made a will) and after my musaji death my aunty and anitha had sold the ancestral property with out Aradhana’s knowledge for 40 lakhs. One fine morning my aunty called Aradhana to her house and she gave her 14 lakhs to Aradhana and asked sign on the papers. She did not agree to sign on the paper and she said it seems that she doesn’t want to sell it. Since then my aunty has kept her at bay and my aunty and Anitha did not even visit to Anuradhas son death also.
My cousin Aradahna is 43yr old , her only son Hemanth Kumar Singh 18yrs old expired on 6th June 2012 he was suffering from astrocytom grade 2 (brain tumor) from past 13 yrs. She has spent a lot wto save her son.
Neither Anitha or my aunty is staying in that ancestral house, they have rented that house and enjoying the rent amount
Aradhana asked to give her share they denied it (Since Hemanth was more attached to his grandfather (nanaji) Hemanth wanted to stay in his last days there). Now Aradhana is also not well. I wanted to know will her hubby get that property in case if Aradhana………(let me be positive) Aradhana’s family is in very bad position I need your advise please do help me so that I can help Aradhana and her family.

Thanks,
Regards,
Kavitha

riza khan   06 July 2012 at 13:39

Fraud marriage of marriedman

i m a muslim girl. i met a muslimmen on marriage website, and after same inquiry, I got married with him. Afterwards. I came to know his first wife and his children. I was really shock, that he cheated on me. Before marriage he told that he was single. i want to give that men punishment of my Fraud hasband what i can do??? pls help me......give suggestion to me.what benifit i will get , what will be the result of this case. And how long it will take be complete?

.....our local lawyer had adviced of doing case with u/s 417 for fraud marriage case or rape case. i had my 1st marriage with him, he did second with me." we need your help

Sameer12345   06 July 2012 at 13:17

Section 441. criminal trespass - impact + facts

Hello Experts,

Being Aggrieved I want to know about following incidents with respect to section 441 – Indian Panel Code.


Incident 1: (One Person Involved)


A person (sister of my wife) entered into my mother home.
Threats to send my mother behind bar.
Insulted her in conversation.
With Loud Tone.


My mother being socked wasn’t being able to react. Stayed calm and complaint to me.


Incident 2: (Two Person Involved)


There was a quarrel due to physical harassment of wife on husband.
I called her Uncle (Mediator of Marriage) to make her understand and to stop her from screaming.
He came to my home along with another lady.
He threaten to abort the child and took wife away from my home.
The another lady insulted me by calling names.


Incident 3:

Her Uncle entered into my mother’s property without prior notice to show my mother’s House (bad intension) though he was being suggested to give prior intimation before visit to my mother’s place

Her Uncle switched on the fan and shouted during conversation. ( My Mother is old aged and He took advantage of that to keep her in fear)


-------------------------------------------


I am very much aggrieved about above three incidents.

Give Your Opinion Please.

1) Can section 441 be made out for above three incidence?

2) What would be punishment to the person mentioned in above three incidents?

Amit   06 July 2012 at 11:14

Getting spouse details

Hi,

I have filed a divorce petition against my spouse and as part of evidence I need her passport details.
I filed RTI and it went all the way up to CIC for second appeal and CIC allowed the appeal and asked passport office to furnish the details.
But the passport officer now has referred the case to Delhi High Court.
Any idea what's going to happen next? Will I get summons or notice from Delhi HC?
Also while this is going on, can I file a petition in the Family Court and ask them to direct passport officer to furnish the details as it's an important evidence?

What's the best course of action for me? I can't deal with Delhi High Court since it's going to be expensive and probably long drawn. I heard of cases wherein the PO got a stay on the CIC decision and that was the end of it.

Please advice.

Thanks