dr.nasim kumar
26 January 2011 at 17:34
how is the amount of alimony calculated if husband and wife stayed for less than a year with each other
Anonymous
26 January 2011 at 17:07
Hello Experts,
My wife has initiated proceedings against me under sec 13 and 24 of HMA and under sec 12,18...22 of PWDVA 2005.
Now I and my wife,after marriage, have always lived in Pune. She has filed these cases in MP as counter blast to my divorce petition. She has also gone to SC for Transferring my divorce petition to MP.
In the mean time, under DV, the JMFC has passed an IO that I should be paying her 4500 pm. I had challenged the jurisdiction of the court and also prayed that as the petition had no details of the allegation amd in any case there was no Domestic relationship at the time of filing the petition, therefore the matter may be dismissed.
Now I want to invoke the special powers of the HC under sec 482 of CrPC.
Please tell me if this will be an Appeal or will it be a Writ to the HC?
Can some expert be kind enough to give me a sample copy of the draft.
Additionally her lawyer is also seeking IO [Alimony Penedte lite]on same grounds [exactly the same]Can I frustrate this attempt on the plea of Res judicata as an IO has already been awarded? Their plea is the larger amount of the two awards would prevail. as far as my understanding goes it is only in the final order that the larger amount is considered and the award under DV is to be considered as a part of the whole. Please correct me if my understanding is wrong.
If you people can be kind enough to give me some guidance and case laws for jurisdiction in DV case as well as on the issue of maintenance.
Thanking you all in advance
SM
Samir Kumar Mondal
26 January 2011 at 16:34
Respected Sir,
I filed a divorce suit u/s 13(1) of HMA on 03/11/2006 before Ld. ADJ at Katwa court. My wife transferred the suit to the court of Ld. ADJ at special court Durgapur in January 2008. She filed a petition for litigation cost u/s 24 of HMA in February 2008 but the suit had rejected as she is a permanent staff nurse of a primary health center under West Bengal Govt. There was no judge from 31/12/2009 to 03/05/10.
Now on 23/09/2010 she again filed a petition for maintenance of our 5 and 1/2 years old daughter u/s 24 and 26 of HMA.
Till 24/01/2011 she has not filed Written Statement for the divorce suit and my lawyer told me I have to disposed off the case u/s 24 then I can proceed for the divorce case.
My question is it true? If not please advice me and told me the maximum time to submit written statement.
Samir Kumar Mondal
26 January 2011 at 16:30
Respected Sir,
I filed a divorce suit u/s 13(1) of HMA on 03/11/2006 before Ld. ADJ at Katwa court. My wife transferred the suit to the court of Ld. ADJ at special court Durgapur in January 2008. She filed a pitition for litigation cost u/s 24 of HMA in February 2008 but the suit had rejected as she is a parmanent staff nurse of a primary health center under West Bengal Govt. There was no judge from 31/12/2009 to 03/05/10.
Now on 23/09/2010 she again filed a petition for maintenance of our 5 and 1/2 years old daughter u/s 24 and 26 of HMA.
Till 24/01/2011 she has not filed Written Statement for the divorce suit and my lawyer told me I have to disposed off the case u/s 24 then I can proceed for the divorce case.
My question is it true? If not please advice me and told me the maximum time to submit written statement.
Anonymous
26 January 2011 at 14:09
I have filed section 9 in Nov 07.
She has filed sec 24 on my section 9 on 20-aug-08
(As per bank statement she was employed from Aug07 and getting salary through cheque)
In sec 24 she asked 27k for herself, 8k for child, 7k for council, 300/visit for coming at court.
Then on 20th Aug,08 she has done false dowry case ect.
Sec 24 disposed on 7th June : She was awarded 3k for council and 1.5k / month s 100 per date,wich i am depositing on regular basis.
I sanded RTI at her school, on 13th December,2010 which I do have a proof of speed post.
She may got aware that i have sent rti at her school, now she have given application of 151 on 22nd Dec,2010 accepiting that she is teaching and she do not req. Mant.and by mistake of her previous adv it was happen.
she has been deliberately avoiding to appear in the proceedings by moving an application for adjournment pleading her illness while she had been working and attending school where she has been teaching.
My que is may i go for 340 is it will work?? (she had alreay prayed to court prior to my 340)
WrdRelative
25 January 2011 at 16:12
Hi
I have few queries related to matrimonial law, esp. concerning maintenance (alimony) in few different situations.
Kindly answer point-wise, if you can
1) Is it correct that Maintenance , if applicable (or legally entitled), is only given to a wife, after a divorce or a wife can get it without divorce too, if living away from husband (if she is legally entitled) ?
2)If it is applicable only after divorce, is husband legally ordered to be necessarily give the maintenance as decided by court or wife always has to file a case to get the same ?
3) Is the husband supposed to pay anything as maintenance, in case a wife is a govt employee and earning herself?
4) In respect to query (3) above, is a adhoc(contractual) job will be considered equal to permanent job, as far as maintenance criteria is concerned, given that she is earning >15k/month?
5) Is the maintenance (if legally valid) is different for wife and child? and what if there is no child?
6) Is Proof of job of the wife (private or govt job) is the only proof required by husband to prevent himself from giving any kind of maintenance? If no, what other proofs can be valid? and how many are required?
7)Kindly provide some info on how much earning by wife is considered enough for she to be declared "self -dependent" and with no need to alimony?
8)MOST Important !
What effect property (special reference to land) in the name of husband has on maintenance, if wife is legally entitled to receive maintenance? Movable and immovable both?
9) If query (10) has some effect on maintenance, Can the husband transfer the same property to other family member (before any legal case has been filed or before divorce case been filed) ?
Kindly share your experience.
I hope this thread will be very helpful to many question asker's around for a long time. Thanks
Anonymous
25 January 2011 at 16:07
My wife filed a case against me under cr.cs 125. I am ready to called her at my home for that also I have filed a case under sct. 9. Tow childern under age 12 are with her. Rightdays I am jobless and dont have suficient bank balance property. Only I have a home along with me and my mother name on which she is claiming for alimony. So my question is that can court will give me order to sale that home and give her the money ? What could be possibility in case decesion ?
Unnati Shah
25 January 2011 at 15:51
Dear Sir/ Madam,
If a HUF is formed with a husband, his wife and thier son as its members and after some years the wife expires. The HUF still exists. Now after one or two years if the person remarries, does the second wife automatically has any rights in the HUF's property share after the HUF's partition? (As future children automatically has share in the father's HUF, Does the second wife also has any?). Please get back to me regarding this.
Thanks
Ankur Salim Siddiqui
25 January 2011 at 11:55
Respected Sir/Ma'm,
My wife had filed a 498A on me and my father last year and luckily the case got quashed and we can breathe fresh air. However, it has come to my knowledge that my wife is having extra martial affairs. She is residing in the house that belongs to me and her both presently. She stays there with her mother and my 5yr old daughter. Both her and my mother in law do not allow me inside the house hence i am staying at my fathers residence. I wish to have access to my house as she is using it for ill practices with other men. How can i get back to my house and claim my daughter? She keeps on calling the cops and saying that i am harassing her. Can i take a legal step against her for the property/adultery and my child.
Please advise.
Thanks
Ankur
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injunction suit possible or not.
I have been suggested by experts to file injunction suit against my wife and her parents inorder to stop them from remarrying my wife.As proof of my marriage I have 2 witness,1 marriage photograph,and priest’s certificate.Can I file injunction suit with these proofs.I have already filed a case under sec.9 of HMA.My wife and her parents did not appear in subsequent dates.S
Also experts have suggested to file ROC against my wife immediately.Will you please illustrate the full form and meaning of ROC.
Please suggest if what other legal options are there.