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Arati Gawde   02 January 2019 at 13:22

Re: divorce petition

This is related Divorce petition filed by my friend’s Husband.

Brief of case:-
1. Allegation on wife is Mental cruelty (which all are baseless and very funny ).
2. No child from such marriage.
3. They both are living separately more than 3-4 years.
4. Wife is willing to stay together but husband not.
5. Wife is working women.

Queries are :-
1. If husband not ready to stay together then what remedy will available to wife?
2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
3. Is wife get Permanent Alimony from her husband?

Thanks in advance..............

Anonymous   02 January 2019 at 09:20

Wife threatening to stage dharna at parents house.

wife threatening to do dharna at my parents house for residential entry into matrimonial house. I live abroad. I have sent a notice to her using GPA.

She is threatening she will call media while staging dharna.

What precautions my parents can take to avoid such nuisance from her ?

Pankaj Patil   01 January 2019 at 21:13

Can a woman file divorce

Hello experts,
My sister is married from past 18yrs and her husband has become an alcoholic since past 10yrs and doesn't work. My sister is managing all expenses by working. They have 2 daughters. My sister is fed up of this man's alcoholism. She wants to file a divorce, can she do so?
Can you please guide me? She is in huge depression and under mental stress. Please give your expert opinion.

Regards,
Pankaj Patil

Neeraj Sharma   29 December 2018 at 14:19

High court response

Respected Lawyers,

If I apply for quashing of a case running in a lower court before the high court, what are the chances that the high court may create new problems for me instead of giving me relief?

I want to apply before the high court for quashing of a case but at no cost want the high court create new pains for me.

Thanks and regards

Lekshmy S   29 December 2018 at 11:23

Caste for the siblings of intercaste married couples in kera

Hi sir

I'm a general category caste woman and my husband is from obc category. We got married and now we have a boy child who is 3yrs.my query is regarding his caste. We wish to give him my caste system which is general category. Is it legally possible .or whether the child can only be given his father's caste. If we give mine as his caste will there be any problems for him in future. Please advice as soon as possible.

Lekshmy. s

pawan   29 December 2018 at 00:30

Court marriage in J&K

Special marriage act doesn't apply in j&k. I want to marry my gf in court. Could u pls me sir about the court marriage procedure in j & k? And is there any legal way to elope???

pawan   28 December 2018 at 17:21

Want to elope and marry with my gf.

sir i m from jammu. we both are 22 years old and are in relation from 6 years.Now that her parents are forcing her to marry and i m just 22 so my parents dont have any plan for my marriage and her parents will not wait for 2 more years.Now i m jobless n preparing for some exams.But i dont want to lose her thats why we have decided that we will marry secretely and if they will not agree we will elope. SIR i want ur help to please guide me how to get married in secret manner in jammu and then to elope legally. I have read that we can go to police station and note that in their daily diary about being eloping and also we can get NOC certificate from both of us.Sir pls help me i m in great trouble i dont know what to do...

Wakle   28 December 2018 at 16:46

Hindu female succession act

Hi my mother had property of my father. How will be property divided among myself and my brother who was died having wife and two sons.Our joint family but property distribution happen few days ago.

Neeraj Sharma   27 December 2018 at 13:31

Sec 406 IPC

Respected Lawyers,

Can you please tell:

Q1. Can an applicant file further evidence in a case at the stage of argument even if the opposite party objects?

Q2. Can an application for quash be presented before high court for a case at argument stage in a lower court?

Regards

Mikin Shah   26 December 2018 at 17:17

Domestic violence case parents name removal

Hi,

Pl. advise how shall I proceed for parents name removal under DV case.

Here below is the case summary:-

1. Wife left Singapre(SGP) based matrimonial house in June'2013 after 4 years staying together with Husband and his parents. During the separation, wife did settlement before the Indian High Commission. No such physical / mental harassment complain made in SGP before the Indian High commission. I have settlement report as well.
2. After reaching India, September 2013, wife filled Divorce and CRPC 125 on cruelty grounds. Husband contested both cases. Divorce not granted to wife. Maintenance case final order still pending before the court.
3. Approx. Two years later In 2015 February, parents visited India for social customs, wife filed 498a and DV cases to harass them.
4. Husband and Parents challenged 498a case in Gujarat High Court under section 482 and quashed all 3 names. In the Judgement copy, Honorable Judge has clearly mentioned,

"As usual, in a dispute between the husband and wife, the wife has implicated the parents of the husband too."

5. Only Parents name pleaded for DV case in Gujarat High court under section 482 as allegations in 498a and DV cases made same and 498a criminal case already quashed. However, Gujarat High court Judge rejected petition for quashing and advised to appeal under section 29 of DV Act.

I have below grounds to contest for parents name removal.

1. 498a High Court Quashing Judgement Order,
2. DV case filled after 1.7 years separation (Separation Date : 29/06/2013 and DV case petition date : 19/2/2015),
3. No such report in SGP Police and Indian High Commission against Parents harassment,
4. Parents did not visit wife's home as per incident date/time mentioned in DV petition, as they were in different city and doing cash withdrawal from Govt. Office (Post office) exactly at the same date/time mention in DV petition, No such merits as per allegations made.

I want my parents to be out of from family cases soonest possible. Pl. advise how shall I proceed to appeal under section 29 of DV Act. Pl. also share, If any recent judgement copies for parents name removal under section 29 of DV Act.

Thank You in Advance,

Best Regards