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Anonymous   11 July 2011 at 14:14

Wife and Husband are s/w engineers. So the compensation/maintenance still apply?

We both are software engineers in Hyderabad.

Actually speaking, she never co-operated in any way in my 1 year of marriage life and one mid-night I couldnt tolerate her admanent answers and we physcially fought each other equally. No one from my family or relatives stays with me as we are newly married, So no one harassed her in real.
On that night, after the fight, she went to her parents house. She kept a complaint with false allegations on me, on my parents and on my relatives that too after 2 months from the day she left my flat.

God only knows that she is not harassed by anyone in my family and she misunderstood/suspected me from day 1 of the marriage. Their parents made all these chaos and ruined my marital life which she couldnt realize still.

Now we were waiting for the charge sheet from the police. Still 30 days more to go for the charge sheet.

To fight with this case, We do not have enough proofs except a cross-examination by a good lawyer.


I have 50-50 mind. whether to go for RCR or Divorce or to keep quiet?

1) RCR
------
if i file RCR, then It means iam admitting all her false allegations in one way.
If i file RCR, then there is no garantee that we can live happily with out any issues/cases again in the rest of life.

2) Divorce
----------
If i wanted to file a divorce on her with her own false 498a allegations, what kind of things should i take care of?

a. As we both are private employees do i still need to compensate or give maintenance?

b. I have a flat on my name 3 years prior to my marriage and it is taken by aid of housing loan for another 18 years term. So how it is affected?

c. I have only one bank account from 7 years with sufficient funds. Do i need to do anything on this to transfer to some one else on whom i rely?

d. Do they affect my mother's property also?


Need your precious suggestions on this.

Anonymous   11 July 2011 at 11:01

recepient not taking court notice in usa

Sir,My daughter filed a DVC in a Hyderabad court against her husband.The Hon'ble Court gave permission to send the notice to USA asking her husband to attend the court on a particular date.The notice was sent to him by courier.But he has not accepted the letter.The agent has informed that the consignee moved.But as per the details provided by the company he is still on rolls. What action can my daughter take in this regard? Kindly advise in this matter. Thanks to everybody

Mohammed Raza   10 July 2011 at 23:34

Law of Inheritance n Succession in Mohammedan Law

A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002

"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.

The questions I have are -

a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?

b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?

As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?

No partitioning has yet been done.

The situation relates to a Sunni Muslim family in India.

Thanks in advance N Eagerly waiting for kind advice

Sajid   10 July 2011 at 10:54

who is his father?

One of my friend is in confusion that who is his Father.

When my friend is in First Std his father died.

His mother get second marriage, and he lived with them, and his name is entered in the Ration Card of his second father.

But, in the school TC , original father name is there.

He got confused to make further Identification Card of him.

Please help him.....

1. IN SCHOOL TC - ORIGINAL FATHER.
2. IN RATION CARD- SECOND FATHER.

Ajay Kumar Reddy   10 July 2011 at 10:11

Rights of children on the Father purchased house

I have purchased one house and my divorcee wife has entered forcefully in my house with her parents. My divorce was granted by Family court on the cruelty basis and she appealed in HC also then HC is also conformed my divorce case. My divorcee wife staying with my two children (Boy & Girl) and her parents. So my quarry is following:-
1. My divorcee wife can ask the house for my children?
2. I am paying the maintenance as per court order, so there is any law as Hindu marriage act, I have to give my house to the children?
3. If it is any act then please tell me about that act?
4. Actually my divorcee wife confiscate my house in the favour of her children?
5. What will be my pleading for stopping this?

Ajay Reddy

Ajay Kumar Reddy   10 July 2011 at 09:28

Rights of Property of Children in purchased house of father

I have purchased one house and my divorcee wife has entered in my house with her parents. My divorcee wife staying with my two children (Boy & Girl) and her parents. So my quarry is following:-
1. My divorcee wife can ask the house for my children?
2. I am paying the maintenance as per court order, so there is any law as Hindu marriage act, I have to give my house to the children?
3. If it is any act then please tell me about that act?
4. Actually my divorcee wife confiscate my house in the favour of her children?
5. What will be my pleading for stopping this?

Ajay Reddy

Jayesh Kumar   10 July 2011 at 01:25

RTR & jurisdiction in DV case

Section 27(2) says "Any order made under this Act shall be enforceable throughout India"

Section 27(1). Jurisdiction.-(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which-
(a) the person aggrieved permanently or temporarily resides or carries on business or is
employed; or

So..using 27(1) & (2) an order for residence order outside the territorial juridisction seems plausible. Also under CrPC things like recovery warrant and kurki are executed thru the outside state machinery but the Courts are not barred from issuing such warrants and kurki.

All Experts, Please give your final decision.

RockyBalboa   09 July 2011 at 23:56

Get disowned and buy a flat

Hello ld members,


My DV case proceeding is about to start.
My lawyer is asking that my parents should disown me and I should get a home loan to reduce maintenance. Is that right?


*Matrimonial home for which my wife has asked for residence order belongs to my father.

Thanks!

Anonymous   09 July 2011 at 23:05

Intercast Love marriage with different country girl

I have a very crucial question, am an Indian 24 years of age who loves a girl from Kathmandu, Nepal the girl is also of same age.
we are in love from 2 years from my side everyone is ready even my family.
But we are having lots of problems from girls family, they are totally against love marriage and not letting girl even to talk to me now.

Is there anyone who can look into that matter as our situation is becoming very complicated day by day,

would be very great full if any one can solve or give us direction about what to do in that case.

Anonymous   09 July 2011 at 21:34

notice from woman police station

sir,
there is a matrimonial dispute between me and my wife. she is under influence of his brother and parents. they had file a series of false cases against me. the latest one is a notice from woman police station under article 160. they had called me at her native place which is 3000 km away from my place at Tamilnadu. They had called me, my daughter of 13 yrs, son of 9 yrs and my mother also.
1) As Per my knowledge he can serve me a notice becoz it is not in his police station area. Also he can not call minors and my aged mother.
2)My advocate here says that to avoid these multiple police cases I should file a divorce case. please guide me urgently.