Anonymous
04 March 2011 at 13:32
I am getting Rs 60000 p.m salary in a private college. My wife also earns in a private comapny as a finance consultant, i feel, nearly Rs 50000. But, she claims she is ahving only Rs 10000 salary p.m. We ahve a child. She has filed a petition for maintainance demanding Rs 30000 pm as maintainance.What would be the possibilities of maintainance to be ordered in this case? Is there any maximum limit of the maintainance amount ot be paid in accordance to the law?
kiran
04 March 2011 at 11:56
Hi All,
My passport is siezed in 498a Case and after that my wife also filed 420 case.
Should I take permission from both 498a case's court and 420 case's court..?
For travelling abroad.
Thanks and Regards,
Kiran
Member (Account Deleted)
04 March 2011 at 10:48
I Shashidara Rao (Male) am going to file case for male child, So what Important Points to be written so that I can get my child back.
Anonymous
04 March 2011 at 02:42
respected sirs/madams
,
i want to know how the family court's communications are sen to the respondent who is living @middle east?.
Anonymous
03 March 2011 at 22:42
I am an Indian women married for 14 years now with 11 and 7 year old boys living in the UK.
Within a week after my marriage I came to know that my husband is not working/earning as he projected before wedding. I believed him when he said his friend has cheated him in the business etc just days before our marriage and he did not inform us because he was worried how we would take it. I understood that in the right spirit and decided to start working to help the family going in a reasonable respectable way.
Me starting to work which started for that reason slowly became my responsibility while he was loafing around not doing any job. Day after day I would hope that he would find some job that interests him or some day he will become responsible and take over the bread winning responsibility from me because I believed that he needs time to learn new skills as he is a slow learner unlike me. But this wait from days turned to years very fast with the added torture, insult, abuse from him as he started to feel inferior and developed physic behavior.
I tolerated all this because we had two sons by then and so I needed his hand to pick/drop kids off school etc while I go away to work.
He has not been responsible even with kids and abuse them, use foul language towards all of us, insult and humiliate us in party’s etc to show his male ego and dominance in the family.
I became immune to even this behaviour and tolerated with the natural Indian mother’s belief that my children need a father how ever he may be.
1 in 11 times I would retard back verbally especially when he starts to abuse my parents, siblings etc to get to me. So now, he knows that if he abuses/insults me I don’t react and started to abuse my parents more and more which has become intolerable now.
Now I think it is not worth letting my parents getting abused for no reason and my children growing in such rotten, foul family atmosphere. I have lately realized that this hectic life of mine where I am the bread winner in this competitive world has left me exhausted trying to do all my roles to perfection single handed and going through this torture when I get back home tired, is not worth it as it is no good to my growing kids too.
I work in the IT which is already very stressful, come back home to play a house wife role and a mother’s role. Right from cooking, planning and guiding and helping my kids in studies and activities, 24 hrs have never been enough. In this whole journey I have realised that though my near and dear recognise my struggle in life and praise me, my husband is always there abusing me ,insulting me at home every minute and making me feel very little and good for nothing. He does the same with the kids too.
Today the situation is I am tired and cannot endure this anymore. My kids are very attached to me and want to be with me if I leave him.
I am considering a divorce which actually should not bother him too much because this would mean freedom for him. His plans are that he will live happily in one of the houses his father has left for him and spend on the cash share which he has got again from his father. So he is all sorted to live alone. So he is not worried.
But I don’t want to let him go so easily. All these years of struggle would mean nothing if I cannot get him to see that marriage and kids are a responsibility and nobody can shrug it off just on the pretext of not able to work/earn though they are physically and mentally capable of. I want to separate from him and live separately but want him to be paying towards the kids’ education, well being etc or some way to make him pay for what he has not done so far and should have.
I don’t know if the way to do that is alimony. I work and earn decent money and don’t need his money to live on but I want to get him to support us financially after separation so that this will be a lesson for any man who thinks he can marry, have kids and get his wife to do both the roles and he can just chill. If that does not work then he can get away from the relationship and still chill. Secondly once separated, it will be difficult for me to work and physically be available for kids when they get home form school etc. So I prefer to be a home maker and take care of them if I were to get him to financially take care of our family maintenance.
My question is, because he has never been working, and has no job now, can I not get him to pay for our maintenance after separation just because I am working and am better settled than him? Is getting separated from him and me working till the end of my life, the only way forward for my life?
Please advice. I am looking for replies so that I can judge if I am being reasonable enough or not and also to see if there is any good me going for divorce.I am looking froward to get some advice from a lawyer who is well versed with Indian Hindu law.
Punit Kumar
03 March 2011 at 18:39
My father died in 1999 without a will. My Mother died in 1990. My sister who was married in 1979 does Is She entitled to share or Not ? If yes under what act Please send ruling or act
The amended act has come into notification in Sept 2005. 2005 amendment
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956
Impact of 2005 amendment
According to the amending Act of 2005, in a Joint Hindu Family governed by the mitakshara Law, the daughter of a coparcener shall, also by birth become a coparcener in her own right in the same manner as the son heir. She shall have the same rights in the coparcenary property as she would have had if she had been a son. She shall be subject to the same liabilities and disabilities in respect of the said coparcenary property as that of a son and any reference to a Hindu mitakshara coparencer shall be deemed to include a reference to a daughter. But this provision shall not apply to a daughter married before the commencement of the Hindu Succession (Amendment) Act of 2005.
Punit Kumar : it does not matter at all that when she got married, she will get equal share without any confusion as per sec 6 as amended by Hindu Succession (Amendment) Act (39 of 2005)
THE HINDU SUCCESSION ACT, 1956
ACT NO. 30 OF 1956 Point 23
she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
Anonymous
03 March 2011 at 14:30
for cancellation of will deed what is mode of payment of court fee since the will deed does not come under purview of a sale transaction or a gift transaction to take into present market valuation Hope the experts will throw some light on this aspect and enlighten me thank you in advance if the experts give the valuble sugesstions on this subject.
Anonymous
03 March 2011 at 10:55
dear sir,
one of my friend is being harassed in wife claimed false cases for 498a and maintenance in d.v. he has raised following questions.-
1. can he written pray with larger pubic and indian culture interest to court the explain the meaning of word marriage with its obligations, rights, responsibilities, court attitude towards the society of indian culture for both the parts of husband and wife.
2.can he pray to court to ask wife and her parents expectations of marriage with its obligations, rights, responsibilities, court attitude towards the society of indian culture for both the parts of husband and wife being she is a well qualified.
Anonymous
03 March 2011 at 06:06
Sir,
Though we both are hindu, we were married by special marriage act u/s 13 of act 1954. My wife is a Govt. School Teacher and highly salaried. My question is is my wife eligible for maintenance or alumni. I have a girl child also
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what is family Law?
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