Anonymous
14 January 2012 at 14:46
i want to know..
1) if both husband n wife are not present on first date but their respective lawyers are present..what it indicates ?
2) if somebody doesnt want to disclose the name of lawyer ..will it be open to all on the date of the case when both parties's lawyers are present in court?
plz advice
RockyBalboa
14 January 2012 at 14:30
Hello sir,
Need your help.
Wife filed PWDVA in Delhi. Wife is MSc(Maths) and MBA(Finance). MM ordered 3K as interim maintenance. Before order, husband had given statement that he earns 60K per month.
Order says "I am prime facie satisfied that the complainant is well qualified and capable of getting some good job at some decent position."
Now wife has appealed in sessions for raise in interim maintenance to 28K.
My counsel says we can go for oral as well written argument but we will go for written.
Need your advice:
1. Should I go for oral or written argument?
2. Will Honorable ASJ consider the order passed by MM or will he take it as a fresh? I mean I've some more proofs like audio recording where she is saying that she has been offered a job but she will not do because she will have to wear sharee. Can I submit that now?
Regards,
Niny
14 January 2012 at 11:11
Sirs, Kindly Reply my two problem
Husband Filed Divorce. Wife VP filed, but not appeared, nor Adv. So court rejected Div Petition of Husband, saying, wife not ready to live with MIL,, is no cruelty
Witnesses Chief examined by Husband, but not crossed, as no one to cross. SD fvr wife.
H moved appeal to get Divorce. Wife is ready to live with H, but not with MIL. Now H do not want to live, and want Divorce only. My client is Wife, in Appeal.
1] Can a Chief, of Witnesses can be relied upon in Appeal, read in evidence, thought it was not gone thru Cross Examination?? Deposition was false.
Can Witness deposition , proved without cross exam???
2] H was calling wife in diff hotel, after Div Petition, and Filed his WS in 125
Anonymous
14 January 2012 at 11:06
Sir,
I am a coparcener having 2/3rd share in my mother's property declared by preliminary decree in the partition suit by the Court. My sister's claim is declared for 1/3rd share in the property being the holder of Forged Will. Not satisfied with the judgement she filed appeal in the Supreme Court the same was dismissed. Review Petition in Supreme Court also dismissed. My sister with fraud and malfide intention again filed alleged unregistered Release deed executed by me thus extinguishing my rights on the property.
Under the law when the suit has gone upto Supreme Court reached judicial finality in the Partition Suit can my sister file such unregistered relinquishment deed. The fact that she has in beginning claim the entire property by virtue of Forged Will. When I filed for passing of final decree she filed in the Trial court unregistered relinquishment deed.
Can my sister claim the entire property on the forged unregistered release deed inspite of my objection in the court and denial of executing any such deed. Is there no remedy for such frivolous vexatious litigations.
Please kindly enlighten what is the remedy available to such litigations.
Thanking you,
MSN
Anonymous
13 January 2012 at 20:02
Dear sir,
I am S P Goel, Delhi
My wife lodged a case of Domestic Violence on me, in first hearing on 23.12.2010 , the Honourable judge said
Petitioner( My wife ) request for interim order for restraining the respondent from dispossessing her the shared house at Patparganj, I P Extension, Delhi-110092.
Respondent present in the court admits the possession of petitioner in said house. Considering facts and circumstances, respondent is restrained from dispossessing the petitioner from aforesaid house or from creating any third party interest in the same till further orders.
Put up for rejoinder and arguments on interim application on 26.3.2011.
I got a registered will on 29.12.2011, in favour of my brothers and sisters in equal share, if one/more donot take, then , to be given to others, if all brothers and sisters do not take flat, FD and other movable and immovable items , then all things should be given to Iskon Temple, Delhi.
Since, Your sir, informed me that I can not give this flat on rent, so I got doubt in my mind, this will may also create third party, I request you to kindly give your valuable advise and oblige sir
Thanks and best regards
S P Goel
Delhi
9810101999
Anonymous
13 January 2012 at 17:13
Dear sir,
My wife had Filed DVA on me & family in that she said "they had tried to rejoin in many ways but we doesn't cooperate" which is not true. After receiving the DVA petition I filled RCR for reunion to rejoin. She again filled an Interim Maintenance in DVA, We also give counter for her DVA main & I.M petitions. In RCR I had asked the Visiting Rights of my 3 yr old male child. But they are not giving counter for RCR main & visiting Rights.
1. Is there possibility for avoiding Visiting Rights? If so How to tackle that..
2. If in the RCR counter IF she says she is not willing to rejoin. Will it be useful to file divorce.
3. At what age can I get full custody?
4. In Interim I am ready to pay for both. But All I need is to have a normal rights as all fathers expect, Bcoz still I love both. Can I get? :(
Member (Account Deleted)
13 January 2012 at 16:52
sir/ms.,
thanks for your sparing your time to give guidance.
in ref. to my early query, i like to inform you that we did try every possible way to sort out the problem with them but fail.
they only say - in absence of direct/indirect discussion about this topic - that they don't take initiative to file for DIVORCE . ofcourse we knew that this may be lied like in past.
but, we fail to understand what is their motive behind to say so also don't understand what prevent them to say so ? is there a legally gain if they file it after some time ?
await for your guidance.
yours faithfully,
grishma.
Anonymous
13 January 2012 at 15:32
My wife filed a case 125 cr.p.c for maintenance last year. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.
Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son from the date of filling of the petition. Court has also said in its order that if any amount paid towards interim maintenance, then same shall be adjusted from the amount granted by this judgement.
Query:- Since I have paid interim allowance to my wife. Now her petition has been declined, Will my wife return the money which I have paid her as interim. How will I adjust the maintenance of my minor son . Please explain
Anonymous
13 January 2012 at 15:01
Regarding our ancestral property, it was devolved in 1955 under coparcenary within 4 sons, each one having 1/4th share. One of the sons sold his share to the other 3 coparcenaries and after that he died.
Subsequently after few years one more son expired intestate without any children. One more son expired after few years who also did not have any children.
Please can you confirm if the last surving son has now full ownership of the entire property. After his death, does his sons become full owners of the property.
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Rcr and child custory
Hi,
I have been living separately from by husband for more than a year due to emotional abuse and i have a 2 year old baby boy .He has filed a RCR and also claims child custody.My lawyer says , he cant claim until 5 years. But i am very worried .He has never bothered to come and see the baby until recently when he came once and took snaps before filing the RCR .If i refuse to go back , is there a chance that it can turn against me in the child custody case ?
Is there a chance that he will get the child custody after 5 years as it is a boy ?
I earn more than him and i do not want any maintenance for me or the baby . Will these be in my favor in the child custody case ?
what are the circumstances where the mother will be dined the child custody ?