Maitri Gda
14 February 2012 at 16:12
what ate the rights of husband, if wife found guilty. Can husband property or Income is consider for separation? specially if they have kids studying in school & below 18 years.
Maitri Gda
14 February 2012 at 15:57
Wife is having external affairs, husband is aware of the same & want to collect proof of the same. what kind of proof are acceptable in court. Mobile bill showing frequent calls,Photo Graphs,sms or what? & what can be done for joint Property & Property on individual name. if he goes for legal fight.
kiran
14 February 2012 at 15:27
I have 498a,DP3,DP4 and DV Case Runing,
Last DV hearing they have directed to Loka adalath where we(my self and 498a wife) agreed to seperate.
Based on the below terms:
1. she is aggreed for the full and final one time settlement for Rs. 10,00,000 Only.
2. she will apply for the divorse.
3. Agreed to close 498a,dp3,dp4.
4. No future Maintenance and will have any legal relationship/rights between both parties.
Upon closing 498a,dp3,dp4 and she gets divorse in 3 months, I will make the payment.
I would need experts suggestion on the above terms
Thanks
KN
Baala
14 February 2012 at 10:31
Hi, we are four brothers they are staying at my native me in bangalore. after my mother exipired they use to say to we will share.
one brother was brain washed my father not to share part of property. becasue all the cash documents, gold and land doc with him.
how can i get that property. pleae advice on this the process
Ranganath
14 February 2012 at 03:18
Ld Counsels,
For a party in person, will it be enough to show that he was present before the high court for hearing due to which he couldnt attend proceeding before the family court. Both courts are in the same campus.
The case before HC has not reached on that day and no hearing happended. Family court has dismissed the case for default due this non-appaarance. Can the case be restored due to this reason, Kindly clarify.
unni
13 February 2012 at 23:36
Hi
I think lot of the marriage laws are very old and now it has to be changed.Many laws are helping women and lot of guys are suffering by fault cases against them.
thank you
Jaamesh Bond
13 February 2012 at 23:09
I filed a divorce petition on cruelty grounds after my wife left my home along with my 2 year daughter. In response my wife filed a maintenance petition on grounds of desertion,a restitution of conjugal rights petition as well as a transfer petition in the Supreme Court for transfer of case to her state. The maintenance petition filed by her also contained allegations of cruelty,dowry harrassment, confinement, starvatation, physical abuse against me and all my family members. Later my wife joined me and withdrew the Maintenance Petition on her own, without me having to appear before the Court. The Transfer Petition was also dismissed by the Supreme Court on her request. Now my problem is that I am not able to forget all the false allegations levelled by my wife against me and my family, which according to her was done by her on her parent's instance to force me into withdrawing my divorce petition. I had filed the divorce as she had challenged me to file for divorce while leaving my home and I would have withdrawn the divorce had she appeared in court and asked me to do so. But as she choose a coercive method, I am not interested in my wife at all any more. Still, I want to withdraw the Divorce Petition in the interest of my daughter as I cant bear her separation from me as the custody of my child would naturally go to my wife. On our last hearing of our divorce matter and on my request, the Judge asked me to file terms & conditions in case I wish to withdraw my divorce petition. Please guide me as to how and what terms & conditions I should set forth to avoid future harassment from my wife and in case my wife refuses to agree, what should I do. In case, she agrees, are we supposed to file a joint statement in the court? Urgent Please.
Ajay Kumar
13 February 2012 at 22:17
Dear Exports,
'A' a hindu male
his family members :
1 wife
2 son
3 two sisters(married) and
4 parents (mother and father) alive.
the elder sister gave some property (2 acres of land)to him by gift deed.
recently 'A' died. A's wife going to remarry and also looking forward to sell entire property.
Q1. Is there any chance to his parents to get share on A's property?
Q2. what about the share of A's son? and
Q3. explain division of shares among his(A's) family members.
Sir / madam
please guide me how to proceed here the father and mother of A are helpless and very poor.
ftmc_atfgrt
13 February 2012 at 21:27
Would the father be allowed visitation rights in this case.
1. Father has been accused of domestic violence.
2. High Court has protection orders for father to not come near the kids, wife because he tried to kidnap kids from school.
3. There is arrest warrant issued for father as he is not paying maintenance.
4. If the visitation rights are issued, would it be under the supervision of the mother at mother's residence?
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Can a maintenance case lead to a divorce case?
Hi Panels,
I am a Malaysian and may be a little misinformed about Indian Family Law. I want to clear some doubts here as I am about to make a lifetime commitment to a man who keeps saying he will initiate his divorce. 1st of all, he is seperated frm his wife for almost a year after the 3 of us sat down and confronted each other on my existence in his life. He is a victim of a unhappy marriage(which i knw its lame to use an excuse) but pls look at this neutrally and dont be judgemental as the 3 of us knows well why he strayed. BTW, to cut the chase, he is involved with me and everyone in his family, mine and his wife is aware of. Now, his wife has filed a case and i was under the impression tat its a divorce case(tats wat he keeps telling me) until i spoke to the wife and found out it is actually a maintenance case. When I confronted him, he said after several hearing the judge had refer the case to a panel of family court to proceed for divorce since he had relayed to the judge tat he do not want to stay with her anymore. Is there such a thing? Can a mere maintenance case be converted to a divorce case? I am not understanding the logic to this. The wife had previously filed a 498A on him in 2007(before I was involved with him) clearly she is dominating the marriage and it was on false grounds. But the case was withdrawn when he agreed to take her back.
Now that he wants to start anew with me but at the same time I am not understanding wat is holding him to initiate a divorce petition as he kept saying this maintenance case will slowly move towards that direction (divorce eventually)after several hearing. Of crse in the maintenance case wife have mentioned the affair with me and the seperation for a year. Your thoughts pamels? Is this guy genuine or he is just afraid to burn his money as he knows the penalty of paying alimony wud be huge since it is clearly proven he is with someone else irregardless if he is happy with her or not.
Question is can a maintenance case be leading to a divorce case if the judge wants to refer it?