Jyoti Asher
03 July 2012 at 17:52
I want to get married to a chinese in india and then get the same registered in china. i am a divorcee. Pl advice.
bvm
03 July 2012 at 17:43
Dear Sirs,
Sub.: Family Settlement
Would appreciate if you kindly clarify on the following points asap.
Sr. Query
1(a) Can HUFs of family members (which along with the family members are shareholders of group companies) be parties to Family Settlement?
1(b) Can HUFs be represented by the Kartas and signing Memorandum of Family Settlement & Compromise thru the Kartas?
2. If the family members & their HUFs hold shares in group companies having business &/or some property, can they realign their respective shareholding in the group companies thru Family settlement?
3. Is there necessity of an immovable property for a Family Settlement realigning the rights of the family members?
4 What will be the amount of stamp duty for Memorandum of Family Settlement & Compromise?
5 What will be the amount of Registration fees for Memorandum of Family Settlement & Compromise?
Many thanks & best regards,
BVM
Rakaish B
03 July 2012 at 17:20
I had earlier posted a query with the same subject:
"Divorce - wife having heart disease which their family kep hiding"
and based on the knowledge and information I got from the learned experts, I had filed a petition for divorce on the grounds of annulment (fraud - material information concenrning the health of the respondent was not revealed) and cruelty (behaviour issues, threatening to commit suicide)
The counselling has been done on 14th May and during the counselling my wife said that her family had disclosed the facts of her heart disease well before the marriage (which in fact is not true). Later when the counsellor asked her "whether you had told him about your heart disease?", she fumbled and said "No, I had not told him anything about it"
Finally, the counsellor asked her to file her response to the petition before 7th July and appear on 7th July.
My question is-
1) How important my wife's last statement is "No, I had not told him anything about it"? Are these statements captured by the counsellor and can be used during the court proceedings/hearings?
2) I have still not received the response to the petition from my wife. Do I have to go to the court to collect it or will it be sent via registered post?
Thanks.
Member (Account Deleted)
03 July 2012 at 16:21
My wife is asking for one time maintenance for divorce. How much amount will be reasonable. At present I am paying her rs 1200 monthly maintenance.My monthly salary is 8500. I am interested in monthly payment to her.Experts please advise how much amount should be paid to her one time and if I go for monthly will it increase from 1200 to some more amount.We donot have any child.
Jitender Singh
03 July 2012 at 14:18
I got married as per hindu marriage act in 1998 (14 years ago) I've filed divorce case in family court (Rohini) in the month of Nov.11. My wife was not willing to come to the court and on 4th Apr.12 my case was ordered for ex-parte evidence and the date was fixed 15th May.12. On 15th May she appeared in the court with a fake application that I have mis-guided her as not to come to the court and matter will be sorted out within family and also requested to set aside ex-parte. Next date fixed is 18th July. In the meantime on 29th May 12 she has filed a fake complaint in CAW cell wherein she has mentioned thaat me and my family used to beat her/torture her for want of dowry and demanded for dowry all the time which is not at all correct. Also they've attached a long list of articles incl. jewellery her parents gave at the time of marriage and the jewellery which was given from our side. out of the total items of jewellery only 10-15% was given from both the sides and rest all is fake.
Moreover, it seems that either they've got connected to the I.O. with reference of some top official or bribed him as the I.O. is talking in their tone. Even on the 1st hearing 12th Jun.12 while leaving I.O.'s room my wife attacked on me and I was beaten by her and her brother. Thereafter her brother also threatned me for bodily harm if I don't come back.
Prior to this there is no complaint against me or my family from my wife's side as there was nothing of that kind as demand of dowry or beating her due to any reason.
Seek help as how to get rid of it and also want to know wether any arrest can take place in this case. An early response to my querry will be highly appriciated.
Srinivas Jerripothula
03 July 2012 at 13:27
Hi Sir,
My Name is J. Srinivas, one of my friend got married in the year July 01, 2010 and his wife stay only three days in his house and she left to USA. After nine months she came back to her parents house and she refused to came back her husband house. My friend went her house to bring her back. My friend parents are depended on him. She and her parents are refused to send her back to her mother in law house. In the month of June 2012 we have forwarded one MOU stating all the facts and to settel the matter out of court, but she refused to stay with him in his house. She has condition that she will stay with him after he come out and live independent only. My friend refused that, she has some conditions that she needs privacy from his parents. Herein my friend refused her conditions and now my friend want divorce from her. What are the legal points to take divorce from her. She is not ready to give divorce, but she is not willing to stay with my friends parents. She is staying with her parents she is not ready to come out of her house. Please let me know sir what are legal grounds to take the divorce. We already tried with some mediators also.
Rajan
03 July 2012 at 10:06
Dear Sirs,
I have submitted my proof affidavit seeking divorce (christian), the same was accepted and numbered, the case was also listed for examination. But at the date of examination, the respondent files two (2) fresh IA petitions.
Should the filing of fresh IA petitions be objected after filing the proof affidavit, if so under what grounds shall the same be objected.
Kindly advice
el ray
03 July 2012 at 08:27
I got divorce last year, but i am still getting harassment calls (getting calls from no just say 401,) and she has created fake profile with my photo in facebook and getting threatening message to kill me and my sister and husband. we went to police but no use they just said women are like that only they will cool down eventually but it does not seem that way. as she is calling all my relative and threatening them not go to any functions of mine (which they are scared to death) and dont want to go for complaint to police. police said they want the number to call her back but only we get is displayed as 401. want to know what type of action can be taken legally. as we dont know the address of stay. how to handle this situation. {getting messages of killing all family} need serious help see attached file with facebook message
G. ARAVINTHAN
03 July 2012 at 08:17
A hindu and a christian by birth, living as man and wife. Not registered.
Now they want to dissolve the marriage.
What is the remedy and under Which Act?
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My wife deserted me and son and filed s.9 hma, crpc 125 and gwa
Hello experts,
My wife was taken by her father who promised to bring her back in a week's time. After reaching her native place, she filed RCR (section 9), crpc 125 (Maintenance) and the child (9 year old) under GWA with false claims. She was claiming that the child is living with her, though the child is actually living with me and is going to a school here at my place.
I filed RCR at my place because she was unwilling to join her marital home even though she was to return in one week's time. We have witnesses who know that her father promised to bring her back in a week's time. I was not aware at that time that she filed RCR, 125 and GWA for the child.
After receiving summons, I also filed GWA here because the child resides here in this jurisdiction.
She is not attending the court here. When it reached ex-parte stage (after paper publication), she sent her lawyer saying she is bed ridden and can not come to the court. Her vakalat was refused by the judge, but given another date with a personal appearance memo. It looks like she might send a medical certificate this time (false/fake) and not attend the court again.
I was able to get exemption from appearance, and vakalat at her court and I have an advocate appearing at their court. I wont be able to travel a long distance (1500km each way) along with the child for the court hearings at her place. The child has to go to school and I am working in a private company I joined recently. I do not have much leave (1.25 days per month only). I have to use this leave, when my child stays home sick or for other reasons.
I am asking the experts, if there is any chance that the 3 petitions from another state can be transferred to my state at my court on the grounds that there is a young child involved and that I work in a private company. My wife does not work, and I am willing to pay for her travel, and other expenses for attending the court here.
I was hearing that only Supreme Court can transfer the cases between the states, as a n SLP. I want to try it, if there is a good chance of success. Kindly advise.