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dr.nasim kumar   25 January 2011 at 06:41

cancellation of maintainence

can the maintainence of husband be cancelled if wife puts allegation on her husbad that he is impotent and the husband is ordered by the court to undergo medical test and he gets normal report in that test please advise and if there is anr rule then please give it to me also please tell that if the wife applies for divorce then can thae husband s alimony be cancelled please advise

Arka Foundation   25 January 2011 at 01:14

Others

Dear Forum,

we thank u all for your answers

w. r. 2 our

Post: What-IS-THE-ALTERNATIVE-WAY
link http://www.lawyersclubindia.com/experts/whT-IS-THE-ALTERNATIVE-WAY-150881.asp

The Injunction suit on a spouse can be filed directly, without set-aside/appeal the ex-parte divorce.

If so, in the same court or in any other courts[any jurisdiction limits, please be bried]in state.


Thanks & Rgds

A A Kumar   24 January 2011 at 23:17

Guardianship

I have lost my elder brother. His wife expired after him. Both died at a very young age of 45/40 respectively. They have two childen boy/girl 14/11 respectively. Both have expired intestate. I need to know who are the legal heirs of property left by them. Are their legal heirs other than the boy/girl from the mother side and father side. for eg, can the mother's sister, brother or mother mother claim for legal heir in the property. Can the brother's brother, sister, mother claim for legal heir in the property. Can the brother brothers sons cliam for legal heir in their property
It has become so difficult without a will and need a simple but correct solution

ambika.S   24 January 2011 at 20:27

dissolution of muslim marriage

Can any one help me what section I have to apply for the dissolution of muslimmarriage by the husband in the court of law

Anonymous   24 January 2011 at 19:28

reg :divorce

hello sirs,

how to get divorce under mutual consent as per HMA?
how many months or years it will take?

howmany times we have to appear the court?

if one party couldnt appear second hearing , is it possible to appoint a power of attorney/ representative?

Rajesh   24 January 2011 at 12:50

Validity of Marriage Registration certificate

Hi,
I just want to know whether the validity of a marriage certificate registered in one state (Kerala) is valid in another state(Tamilnadu) for legal purposes.
Kindly clarify.

Thanks
Rajesh

Kartik dhar   24 January 2011 at 12:40

Re: Wife threatening to file false Dowry Case against me and my family.

Hello Xperts!

My wife 28 yrs old, left matrimonial house since 2 months, living with her parents, abducted my 10 months old daughter, is not willing to come back. Her family is supporting her in this decision. I live alone with my wife and my dauther. Her lawyer has fabricated a false case against me and my family alleging that we have thrown her out of the house. My family physically abuses her daily, keeps her hungry, beats her up and ask for favours like car, shop, house, money etc.

All the allegations are baseless and false. Ours was a love marriage 5 years back registered in Mumbai, Bandra Court. Nor me nor anybody from our family ever asked for dowry or any kind of monetary benefits. In fact, I started my matrimonial life with her on a rent house.

The fact is that she has left my house as she was not willing to take care of me nor my family, who comes very rarely, only in festivals. She has clearly showed her intent that she does not want to live with me and that I should respect her as an individual and let her go off her.

Now, her lawyer has drafted 100% false petition with filmy stories along with a false dowry written complaint. She has'nt filed it yet! But through reliable sources I came to know this (wife's father). He has sent me emails which is requested me to calm down as he is trying his best to make her understand and send her back to me. My FIL has no standing in the house. His wife and three daughters are ruling the house with extreme domination. He is left helpless with no guts or determination to slap her daughter and send her back to me.

On top of that, last week, one of the witnessess of our marriage, contacted me and gave me a whole set of email evidences that clearly indicated that she has had an alleged affair with this guy from the same vicinity.

Another evidence I have is her handwritten diary which clearly admits that she canot forget this guy and has been involved with him before and after marriage.

If I file for a divorce, she will go ahead with the Dowry Case and get us all arrested. What I am suppose to do. All requests and condolenses to bring her back home has been in vain.

Please advice.

Much Appreciated.

Anonymous   24 January 2011 at 10:57

divorce exparte

Brief summery of the case:

Got married 4 yrs back.

A female chield was born in Mar-08

Wife left home in Dec-08 and filed 498A.

In Feb-09 filed 125 CRPC and divorce.

125 CRPC not decided yet.

She got ex-parte divorce as I did not appear in the court.

I dont have the copy of the ex-parte divorce.

Can I remarry now?

Can she hide this fact from police that she got divorce and register FIR against me if I remarry.

As you already know police that they dont listen to man's side in these kind of cases.

Ram Sowrya   24 January 2011 at 08:42

Injunction

Sir,

Spouse got ex-parte divorce in dist court.

The injuntion suit can be filed in High Court or only in the Lower Court, to stop the marrrigae of the spouse.

Please enlighten me.

Thanking you

Anonymous   23 January 2011 at 23:14

Divorce and alimony

Please advice

Hi,

I need some help & advice. I got married in July 2007 under special marriage act. My wife is a christian and i'm a Hindu. We've agreed to go in for a mutual divorce. We have a 2 year old son from our marriage. We have been staying seperately from last 1 and half years without any contact. All she calls me is for money for the child. I've been paying 3000 every month for the child. I have the below questions:

1. Do i have to pay her lifetime maintence?

2. Both of us work. I earn around 4L & she around 2.4L. Do i still have to pay her maintenence while she's earning?

3. She said she'll return back to her parents and delibretly stop working inorder to claim more maintaince from me. Is that possible.

4. What kind of one time settlement amount should i be looking for to settle this out of court.

5. She chose to live seperately even after my repeated requests for her to comeback and live with me and my parents. Her reason being she's not comfortable in the house as she cant practise her religion.

I never stopped her from going to church and neither my parents.


Please advice...

Thanks