Savdeep
21 January 2011 at 15:47
Hello Everyone!
Please help me with critical info,
My brother got married in USA, in 2008 they have Registered their marriage in the US. The marriage was conducted in Christian customs. When the couple got holiday they returned back to India and re-married later in 2010 in Gujarat according to Hindu( Maharashtrian) customs.They have not registered their Indian marriage yet here in India, since they already registered their marriage in the US (2008).
We are Maharashtrians, settled in Maharashtra, but my brother was working for few years in the US in 2008. The girl originally is from Kerala, family settled in Gujarat.
Both the wedding took place in different country with different customs, on different dates and year.
1. We are wondering if he should get his Indian wedding registered here in India since they have moved now from US to INDIA?
2. Would it be a problem having 2 marriage certificates with different dates/ year on it?
3. Please let me know if he should take care of anything else since now they moved to India for good.
4. How to proceed further in his case?
Please help,
Look forward to hear from you
Thanks
Savdeep
Anonymous
21 January 2011 at 13:08
In case of indian laws for hindus , is alimony based on income of the spouse or can the value of fixed assets held by a spouse be made to be included into while arriving into the amount of alimony. ??
In the present divorce case filed, the wife is earning Rs. 8000/- per month and is presently the sole bread winner of the family as the husband is unemployed (due to medical unfitness) not earning at all. The husband however has only one self acquired house property in his single name presently valued at Rs. 40 lakhs. The couple has 2 sons aged 14 yrs and 17 yrs . The wife is greedy for money and asking for alimony equivalent to half of the share of the husband's property amounting to lumpsum of Rs. 20 lakhs on the grounds that her income is inadequate to support herself and the two sons ( wwhich is more likely to go into her custody), but the husband says that he will not part with his house property as properties cannot be included while deciding alimony and the husband proves that he is terminally ill and has no employment or any source of income since last 5 years. Please decide wether the husband can be forced by the court to dispose off his house property and remit half of the proceeds as alimony to the wife, who is earning and is physically fit in contrast to her husband who is physically suffering from cancer since a long time. Please decide wheter a) if the wife is entiled to alimony in this case? If yes,then how much? b) wether the husband can be forced to sell of his property and give half the amount out of it as alimony? c) what will be the amount of compensation that the husband will have to give for children in case the custody of the minor children goes to the wife. d) can the husband demand alimony from his working wife as the husband is unemployed with no income as he is suffering from cancer.? ( note : the wife is physically fit, earning rs.8000/- per month but out of greed she wants alimony from the husband and is forcing the husband to sell his house property so that she can get half of the share from the sale proceeds of the house) but the husband is reluctant to let his house property being put on sale. Please give a solution in this case. Thanx in advance>>>
Anonymous
21 January 2011 at 09:41
Dear Expert,
I was Mary 2 year back and a lot of misunderstanding after few months. Now we are separate from last many months.
Husband except on cell. cell recording is valid proof in court.
Regards
sathiyanathan
20 January 2011 at 20:19
sir ,
my father retired from private factory with an annual income of 5 lakhs in feb 2010.now he has no considerable income.as per creamy layer conditions ,that if annual income of parents are higher than 4.5 lakhs in three consecutive years then one would fall on creamy layer.in my case since my father had retired and other source of in has been very insignificant, will i be in non creamy layer..?
Anonymous
20 January 2011 at 15:00
How much time the courts take to decide RCR and Divorce cases in Delhi.
What is the frquency of dates in RCR/Divorce cases in Delhi
How the case can be tried on day to day basis.
Anonymous
20 January 2011 at 14:56
Can any expert explain what amounts to prooofs for establishing cruelty on the spouse.
Do narration of incidents of cruelty on mail/sms sent to the spouse who had done cruelty is a valid proof or not.
What else is treated as admissible proof in the court to establish cruelty.
Anonymous
20 January 2011 at 14:49
If one spouse hides his/her actual caste and gotra from the other and give wrong information in writing then will it amount to Cruelty or not on the other spouse.
Anonymous
20 January 2011 at 14:43
i married in dec 2009 and after mariage i was not staying wid my husband n his family coz of my studies, after 5months i went back n stayed wid him n his family for 2 months, we had frequent fights which we never disclosed to anyone, i tried to b quiet n adjust wid d situation, i was not happy wid the relationship i felt mentally tortured and as if he married for his physical needs. I asked him for divorce but he never took it seriously, in july i again went back to maharashtra for studies as i got fail but while leaving my inlaws place i told my husband tat i will never come back n i want divorce. he never took it seriously, he came to meet me 3times and everytime we had fight n argument. He tried to have forceful sex against my wish which i should call rape. After which i never allowed him to meet me then in dec 2010 i got job in punjab n so i shifted here without informing him.
Now i want to file a petition for divorce. My and his families are residing in Madhya Pradesh. Can i file the case for divorce from ludhiana? on wat grounds should i file the case?
Anonymous
20 January 2011 at 13:14
Hello,I am a hindu girl engaged to a muslim guy. The complication is he was married before with 2 kids(both daughters). His muslim marriage was held in india and only nikahnama was issued (marriage never registered anywhere in any country). His previous wife is a UK citizen and both his daughters are also UK citizen (both born in UK). He is indian citizen. They have been separate since 2008; his ex-wife has been in UK ever since with kids. His ex-wife refused to come back or send Khulanama and is ok to receive the talaqnama. She is aware that we want to marry & is ok with it. He divorced her on phone(more than 1yr back) as she never returned to india. Can you tell me what is the valid and legal divorce procedure for him? Is the talaqnama format legally sufficient? I will be marrying him under Special Marriage Act, so what all possible complications can be there that I can possibly resolve before getting married? What are the legal rights/duties wrt his kids as she wants to keep the kids with her, hope that is ok or is it that the kids will be needed legally to be back with him? Please help asap. Thanks in advance.
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ILR 2010 KAR 1484
ILR 2010 KAR 1484 reported in part 7 of 1st April 2010 In Hindu Law Sec 6 amendmend 2005.
[Sir plz provide me ruling on above Matter]