Member (Account Deleted)
04 April 2011 at 17:37
Me and my wife separated in the year Dec'2006 and got divorce decree. After few months in March'2007 she returned back to my home with children and we started living peacefully. in 2009 we have purchased a flat in Delhi. We registered the property as co owners (As wife and husband, I am the first owner and wife as second co owner, Her name was mentioned as wife of me) and taken home loan jointly, me as main applicant. The flat was purchase on my initiative and mainly saving from my salary and other allowances like 65% from my side and remaining 35% from her side. Since then I am paying all the EMIs from my bank account. Even for registration amount I have taken personal loan. Now in 2011 again we have differences, she left the house with children. I want, I should have all the rights over the property (flat).She is ready to give power of attorney and ready to relinquish rights over the flat. How can I proceed? Is it possible to get legally thru irrevocable POA or any other option like thru release deed? I want to avoid future problems and litigation's later over the property. Neither my ex wife or children should not claim any right over the property, after paying all the EMIs for the next 16 years and money ,I do not want to loose the property as it is the only investment I have got now after the separation.. I do not want to repay all the registration charges over the half of the cost of the flat, also circles rates also increased in Delhi..
Please note
1. I want to have full rights over the flat with out any problems or litigations either from my Ex wife or children
2. She is ready to cooperate in giving POA or signing any legal document. In this respect we did not have any issue of non cooperation/fight among us etc.
Kindly advise me
Anonymous
04 April 2011 at 16:18
Hi,My Brother is a Permanent resident(green card) of Australia & lives in Australia.
My Brother has married in church in April'08 and he applied spouse visa for his wife and left Australia in May'08.while spouse visa in processing ,she went Australia in August'08 on visitor visa stayed there for 2 months and came back in November'08 as she was pregnant,and we dont know how she lost Pregnancy
in March'09 and even my brother came to know about this after 3 days she lost pregnancy.
My brother came to India and took her back to Australia in May'09 as she got Spouse visa by that time .
within 15 days in May'09 my brother's wife came to India saying home sick and she wants to visit her parents and she didn't gone back.
after 5 months in October'2009 she filed a FALSE case on whole family including my sister and Brother in law who live in USA and on her husband with 498A,323,406,509,police arrested and took my other sister who was doing masters degree,mother who is a Govt employee and father ,who was retired and put them in custody for 4 days.they are on bail now.
and she filed a maintenance case also in court recently,she is well qualified and was doing well paid job before marriage.
Old parents and unmarried sister has to attend court travelling 600KM every month in her city.Because of this mental tensions ,stress and Depression My Brother lost his job recently in Australia,
in April'11 my Brother wants to come to India and settle the things,
what we have to do now? how to get anticipatory bail for him,what precautions he has to take,please help all the necessary things he has to do,
thank you,
susmitha
04 April 2011 at 11:15
can i marry my mother's sister's husband's brother's daughter. ( ie. our grand parents are not same but great grand parents are same from my mother side ).
pls advice.
M.V.krishnarao
04 April 2011 at 01:03
Question ::
Hindu Marriage Act:- Wife at USA for his M.S studies. Husband in India in his native place near Hyderabad. Husband a business man. Husband filed Divorce petition in the family court in India Family Court directed the wife to attend for reconciliation U/s 23 (2) of the Act. Wife filed petition for travelling expenses as she is a student under Sec 24 of the Act. Family court dismissed the petition that the wife failed to prove that she is a student and also mentioned in the order that the wife is earning by work without any record. Court also issued notice of attendance for reconciliation of issues in the matter and for possibility of reunion and proposed to fix a date.Wife filed CRP by filing documentary proof as a student and CRPMP for Stay of the notice of attendance before the High Court and are pending for judgement. Family Court is of the view to pass exparte order if the stay is not granted by the H.C for the notice of attendance for reconciliation or the wife fail to attendance for the reconciliation on the next date of hearing.
Please clarify whether such exparte orders are maintainable, if possible please kindly furnish relevant case laws or judgements regarding personal appearance for reconciliation through video conferencing U/s 23(2) of the Act and on other sections of the Hindu marriage Act in Divorce cases.
Anonymous
03 April 2011 at 22:59
As per defination of crulety under 498a if husband prefer to have S*x only 2-4 times a month . can it be term crulety under 498a.,
Is this good reason for divorce under HMA.
lack of desire for s*x is impotency , can i get quick divorce based on that.
if husband produce medical document can i prove he is impotent toward me.. What is legal defination of impotency in court of law and medical field
Anonymous
03 April 2011 at 22:48
Sir,
I would like to a question, If a hindu girl just after 15 - 20 days of marriage, do not represent herself as the married lady by not using sindoor in head, bindi on forehead, and bichhua in foot , all three or any combination of these then, will court will consider at as cruelty.Even after asking of husband, her answer is I do like not these.
How the court of hindu marriage act of constitution will consider these and how court will react to this ?
Can it be the base for divorce ?
Thanks & Regards.
AR
Anonymous
03 April 2011 at 21:29
Hello All,
We r going thru a very rough patch of life . I have lost my younger brother who was just 37 years old .Its just 15 days that he has expired.His only son is just 1 and half years old.
Immediately after his death his wife is acting strangly . She has started staying to another floor of a house which was vacant and is under renovation . This floor my mother just purchased a month back and it is in my mother's name. My brother's widow is staying there with 15 of her relatives and they are not vacating our premises . Now she is not even allowing the Kid (1 & 1/2 year old ) to meet us .Earlier she was staying with us only at another floor of the same house.
I just wanted to know can my mother claim in the court of law that she should be allowed to meet her grandson who is with his mother .Can my mother ask for his only grandson's custody ? What can we do to meet our brother's son.
Pls advice.Thanks in advance.
Regards
abc
03 April 2011 at 16:43
Dear Sir / Madam,
Actually I have an Eight months old son who is with my wife and right now my wife stays in noida with her parrents on the other hand my wife already filed a false 498a against me from noida court so kindlly suggest me that can I filed a case for my child's custody / visitation from delhi court coz I stays in Delhi itself and at the time of marriage I was in delhi only even after marriage my wife was also with me in my delhi home but after one month of our marriage we setteled in noida in neighbouring of my in laws but a dispute occured between us in noida home and since then my wife is with her parrents home and for last one year I have been staying in delhi only.
So kindlly suggest me can I file a case for the custody / visitation of my child from Delhi only.
and I also want to file a case for RCR. Kindlly suggest me as soon as possible. Its very urgent.
S P Goel
03 April 2011 at 16:17
Dear sir,
My wife Anjula Goel lodged a case against me under DV act, I received summon on 10.12.10,with date on 23.12.10, on date some annexures were missing, Order of judge is given below sirI requested, Judge told to my wife/Advocate to give within 7 days and then within 15 days of that, I have to submit reply, interim relief was give that I will not dispossess the house in which my wife was used to live with me in Patparganj, Date was given 26.3.11, on this date I did not appear and no reply submitted, order of judge Sunaina Sharma room no 16, KKD is given below sir I got two sons, one Saurabh B Tech , MBA 30.5 yrs, in Bank with Rs 18 lacs per annum and other Sugam student of MBA after doing Engineering, both are in favour of her mother. My both son hecked my computer and sent three mails from my ID demanding money from my in-laws, killing my son etc, mails are attached sir as 25,26 and 27. , I am unemployed, house is in my name
On 18.10.10, my wife lodged an F I R , attached sir. on 17.10.10, my elder son Saurabh came from Canada after 3 years of job in ICICI Bank there. Now I have Rs 8 Lacs investment, I get Rs 7000 interest, they are demanding Rs 50 lacs in different sections and Rs 10000 for food+Rs5000 maintainance= Rs 15000.
Order dated 23.12.10 is given below :
Case No. 304/10
23.12.2010
Present: Petitioner with counsel.
Respondent also present with counsel.
Vakalatnama files on behalf of respondent and who seeks
some time for filing reply. Counsel for respondent states that he has
not been supplied with documents along with the petition. Let the
petitioner supply the complete sets of documents alongwith petition to
the opposite counsel within 7 days. Respondent file in his reply within
15 days thereafter.
Petitioner requests for interim order for restraining the
respondent from dispossessing her the shared house at 118, Ashriwad
Enclave, Patparganj, 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 26.03.2011.
MM Mahila Court/East
23.12.2010 372
Order of 26.3.11 is given below
No. 304/10
26.03.2011
Present: Petitioner with counsel.
Respondent not present.
Proxy counsel for respondent.
Proxy counsel for respondent files vakalatnama of Sh. Ranjan, Adv.
on behalf of respondent and also moves an application for seeking exemption on
behalf of respondent. Heard on the application. Exemption allowed to
respondent for today only. A date is requested for filing written statement.
In the interest of justice, one more opportunity given subject to cost
of Rs. 1500/-. Let reply be filed within 15 days with advance copy Put up for
payment of cost, reply and arguments on 13.07.2011.
MM Mahila Court/East
26.03.2011
My point to know is this sir
01 As per order of 26.3.11, we have to submit reply within 15 days i e 10.4.11, whether we can submit on date of hearing 13.7.11.
02 Whether we should lodge a case against my son, who hecked my computer.
03 Whether some other case can be imposed on my wife since she is harrassing me thru this case, in 32 years there was no violence and now there was no violence, she wished to live with elder son.
04 When to deposit Rs 1500 as penalty.
05 Whether you can take this responsibilty sir, kindly give phone and address along with reply of above points sirs.
06 Her advocate is of desi type and speaks in the court very rudely before judge like he pushed and throw her from her house only in wearing clothers and he is a very cruel person like that about me.Such type of lie , I see in movies. sir
Thanks and best regards
S P Goel
9810101999
118, Ashirwad Enclave,
Plot No 104, I P Extension,
Patparganj,
Delhi-110092
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