Anonymous
27 May 2011 at 19:21
My wife left me with two children in sept 2009, with some dispute between us. I request verbally/telephonic but she reduses. She gave statement to the police stn also that she left the home. I send several letters to the villagers and to tantamukti mandal to sent her back. but nothing happened, after that she filed a case 125 for a maintanance. then I filed a case under scetion 9 to call her back. in both the cases she is still stuck on the maintanance onlty. 125 still going on but under 9 passed the order to pay her intermin main. amt as she applied for. Now can I dismissed the same case and filed against her for divorce is it possible. IN sept 11 two years will complete. Is there is any law for the same. till now she is not showing any chances to come to me. What is the law to file the case of divorce ? Pl. advise me.
syed
27 May 2011 at 17:53
Respected,
Request you to please clear the doubts
1)What is Execution of RCR
2)What next after execution of RCR
3)If husband go for Execution of RCR then what benefit he will get from this application
Please provide the details both positive & negative from husband side
syed
27 May 2011 at 17:50
Respected,
Request you to please clear the doubts
1)What is Execution of RCR
2)What next after execution of RCR
3)If husband go for Execution of RCR then what benefit he will get from this application
Please provide the details both positive & negative from husband side
Aarti
27 May 2011 at 11:21
Hi!
I am a house wife married in mumbai from the last 36 years. I was born in coimabtore with a couple of siblings. We are a total of 4 brothers and 3 sisters along with my mother. I doubt if my father has left behind any will of succession. My mother has gotten old and now my brothers intend to sell the property and divide the proceeds amongst themselves without giving anything to my mother. I fear that as my mother is old they have brainwashed her and are ultimately going to put her up in the old age home. I would like to find out how do we sisters put a hinderance to this sale of property.
Also we sisters would like to find out though all of us are married can we put a claim to our fathers property inspite of being married??
Thxs
Anonymous
27 May 2011 at 00:39
Hello experts, please put some light on the rights (succession)of a Christian/Muslim widow with respect to undivided property.
If it is true that the Christian/Muslim personal laws do not provide for a widow then how can she protect her rights & privileges with regards to an undivided family property. I could not find the answer in the Indian succession Act. Please do let me know if I have missed out on the relevant section/topic in ISA.
References and case laws will be appreciated.
Janhavi
26 May 2011 at 23:57
Hi, I am writing this on behalf of my close friend who needs advise.
Her story goes as under.
Married in March 2009. Matrimonial issues with inlaws. Husband used to take side of in laws. She used to talk extensively to her family. Husband came to know this and also she used to share minute details of her family life with her family. Relations were strained between families. She wanted her husband to look after her family also. Husband denied. She had quarrels wth in laws and husband used to support them. In November 2010 she left for her paternal home by calling her parents and packing her bags.Husband took a stand that she has left home, if she wants let her come. Husband filed for divorce in Jan 2011. It was a shocker to her and her family. Being felt devasted she filed a RCR, police complain and also a DV.
Looking back at past she still wants her husband back. Her husband is a very intellectual man with social status. I told her that she was lucky to be his wife when they got married. Her in laws are also rich.
Wrong things done by her were she filed police complain and DV but this she says was for her protection and was advised by her lawyer and others in family. Also shes done things to hamper husbands career. She stupidly went on trips in india after divorce with her family to divert her mind and feel better.
Looking at future it looks dark coz if this divorce goes through then she will be losing on a well settled independend husband having high social status and intellect. Also she is good looking now but what after 3-4 yrs...it will all be lost. Now shes even thinking that the second person will also be a divorcee and how will the second marriage sustain.
I have following questions,
1. Can this marriage be saved ?
2. how to save this marriage ?
3. Both have not spoken for months now. What can be done to get husband back ??
4. There is Divorce and RCR case. Which will take precedence ? Can court ask husband for RCR and stay together and divorce would be consideration after that ?
5. Wifes demanded maintenance. She was a house wife. Its too much coz her husband is earning more than affording luxurious life style.
My personal general question is ?
To be fair to husband his hard earned money will be spent by wife even though shes not staying with him. How fair is this ? Coz a girl can go in for live-in and enjoy at hard earned money with some other guy ? Is there any way court can monitor this by way of law ?
6. My friend thinks that husband shud come and take her back. What steps should she take if this has to be materialized ?
7. Now does RCR takes precedence over Divorce case ? If yes then can the court ask husband to co habitat with wife ? If husband doesnt follow court order then what will happen ? Will the husband be ounished ? Is divorce eminent.
8. How does Indian society look at divorcee women ??
9. Mens in this forum who are seeking 2nd marriage may throw some light as to what would they do when approaching a divorcee for second marriage ?? Am sure men will think 100 times after bitter experience in 1st marriage.
10. Kindly suggest me as to how should I make them unite together so that divorce can be avoided. Wife still thinks that her husband will come back. However to be honest shes not done enuf which can bring him back. Instead shes done detrimental things may be coz of ego/revenge/family pressure etc.
11. How is life after divorce ? Only divorced females in the forum can throw some light. I can help her know that thisis what will happen in future.....
12. In todays society his there any possibility of second marriages to sustain ???
Your help in this regard will certainly help me in a way to unite them together......
Thanks
Anonymous
26 May 2011 at 22:59
[a] I reside in Mumbai and wife in Pune due to employment of each of us.
[b] We married in 2001 in Mumbai, marriage certificate issued under the Special Marriage Act. We resided together in Mumbai till June 2006. Then I was transferred to Southern State, she continued in Mumabi till May 2008 and then shifted to Pune and now is in Pune.
[c] Occasionally we stayed together -like leave and vacation.
[d] Both of us are independent and there is no question or need of paying anything to each other, ready to waive right.
[f] No other issue exists that will create difficulty or complication. My questions are :-
[g] (i) Where to file a mutual consent petition is a question before me. Whether in Mumbai or Pune? (ii) Whether the petition will be in Family Court or regular civil court? (iii) Which place will give us a faster relief.
syed
26 May 2011 at 21:28
Respected,
I have a serious doubt,
wife claim maintanance court granted in husbands salary but how its calculated
1/3 or 1/2 of full salary ( CTC of the month)
1/3 or 1/2 of full salary ( after any deduction like HRA, specisl allowance, variable allowance etc)
1/3 or 1/2 of Basic salary what husbands get
Anonymous
26 May 2011 at 14:47
My father owned a Pagdi system shop in Mumbai and my father had nominated me and my brother & the landlord was issuing Rent Receipt on three names 1) My Father 2) Myself 3) My Brother.
My question is, my brother has transferred the said shop on his name without my signature. Can he do this without my signature, as I am one of the owners of the shop?
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family court ?????
What all functions and roles and designations are there in Family courts, especially in court room?
Can anybody clarify exact roles of each person?
inside of a court room:
Bench clerk, baillif, shirastedar, judge, reader, judgement dictation writer short-hand, Orderly, caller & announcer
outside of court room:
Counsellors
mediaters
oath commisioner
other staff (?? please let me know the designations)
Registrar
Records inchanrge
Who is petition writer? is it an another name/function of 'judgment dictation writer'?
What all other sections and departments are there in a family court? Similar information about following section also sought.
Records Room
Nazer Section (What is it called in english?)
Registrar Section
Administrator Section
Public information officer
Is there any other type of 'grievience section' in courts.
Does the legal service authority representative present in each court location?
I want know each and every type of person who is employed by government in family court.
Please mention any other role , designation which I missed out.