Anonymous
11 December 2010 at 18:10
One of client mrs. abc married on 15.6.2005. since marrige she continuing tortured. Family members in her In Laws are Father, Mother in law and one brother in law.
what type of action can be taken
pl. advise
Anonymous
11 December 2010 at 16:38
I have been deserted by my inlaws,My inlaws are not ready to accept me. Now i have filed a maintenance case 125 crpc, on my husband. My husband has his own shop,business. There living standard is good, and sound. But i don't have any sallary slip etc of my husband. I just know that my husband had undergo some penaly of tax of 3 years, and the penalty was around 1 lakh 80thousand. There was some mistake in filing tax, or something. I don't have anything , no slip nothing.
They have their own house, car, all valuable & expensive things at home, land & property worth 5 crores. But i don't have any slip etc.
so my question is how will i prove my husband's income and his earning ???
Kindly guide me.
Devang Mistry
11 December 2010 at 16:24
My brother-Mr.Gajjar-(Tax Consultant)passed away on 02.08.2008 having no issue - wife but only 4 sisters including myself.
After death, one of my sister & son have taken charge of all properties & later on found that will made from my brother all the propety given to them only. They have not shown original will to us & on asking - Notary & Executor (both relative of my sister) they are telling that they have no time. Xerox copies given to us but not showing the original wills. On other hand, my brother has planned for each individual sisters retirement planning. All NSC/KVP/FD - nothing is avaiable & properties also they have started to sell by preparing fack documents.
How to get the copy of original will & make sure that what is happened is correct/legal ??
It is suspected that his son has tranferred 4-5 cores in Swizz bank during his abroad tour & in near future he will escape from India.
Anonymous
11 December 2010 at 16:10
I have some Questions regarding alligations & divorce . ( The wife is not ready for divorce ) and is such cases can court order for reconciliation between husband & wife .
1) If husband inflicts alligation on wife, that the wife was not virgin. And if the wife is very devoted and have no relations or didn't committ any adultry after her marriage,wife is faithful. So can still the husband make an issue about wife's virginity for divorce ???
2) If the husband says that his wife is not capable of delivering a child[ baby], so he want divorce. Can husband say this & is he allowed to break marriage on this reason ???
3) Can husband show or say that his wife is cruel just because she fought on small,petty household things with her husband soon after marriage. Can adjustment issues after marriage be proved as cruely ??? ( note- the wife is not ready for divorce)
4) what is cruelty of a wife actually ???
Anonymous
11 December 2010 at 12:25
Question1:
If, to my unfortunate destiny, 'Review at FC on Int Maint Order -Sec 24.' goes in-vain and doesn't yield expected outcome, Am I debrred from going for 'Revision Process' at HC laterwards for the same interim order?
Does the law say explicitly as above?
Question2:
Time Period for revision in HC?...90 days ..Am I correct?
Time Period for review in FC? ...30 days ..Am I correct?
Question3:
Is new evidence is taken/allowed to be admited in revision at HC?
Question4:
Is new evidence is taken/allowed to be admited in review at FC?
Question5:
How does the HC take it, if imputations are placed on lower courts while asking for 'revision' at HC?
Question6:
How does the FC take it, if imputations are placed on lower courts while asking for 'review' at FC?
I am really confused on this matter and running short of time also. There are many missing links and material proof which were left to be submitted during sec 24 hearing, which I would prefer to submit now.
Please help urgently.
Anonymous
10 December 2010 at 20:54
Respected seniors,
Parties have agreed and singed before the Allahabad HC mediation and conciliation center, that wife has received full and final Rs 4 lac. and within 15 days of this agreement both parties shall file petition for divorce on the ground of mutual consent at Firojabad.
Now wife seems to be reluctant to file this petition. What should husband do, if she does not follow the agreement. Whether he can file divorce on the ground of such cruelty. How court shall rely on husband's prayer that his wife is not following the agreement signed before HC.
Anonymous
10 December 2010 at 20:00
My friend is having problem. Her husband wants a mutual divorce, but my friend does not want divorce, but her husband is not ready to reconcile with her at all. So now my friend wants allimony from her husband.
1) So is mutual divorce can she get allimony ???
2) She wants to discuss allimony amount with her husband,but she is afraid that her husband might record all that, and say to court that how greedy his wife is, and therefore he won't give a single rupee. So my question is discussing about allimony is legal or illegal ???
3) She is not working, and she has no child so can she ask for permanent allimony ?????
4) And is which case allimony or permanent allimony or maintenance is not granted to women by court. [note- My friend is not into adultry,she was very much committed to her husband]
Anonymous
10 December 2010 at 12:42
Isn't the caveat a formal way to give notice/warning to opposite party?
Can't Respondent-husband file caveat such as "Let the Petitioner-wife be...aware of 'impending/in the offing and almost certain'....an enquiry and a complaint against wife (unless she admits her lies and corrects her mistakes during 'review' at the Fam. court)....
in regards to....
1. Perjury and
2. Tax evasion which would make wife pay 30% tax +interest + 100% in fine.
committed by Petitioner-wife.
This is due to the resons that wife won the interim maint..using lies and concealment of information ....the proof of which was possible to produce by the husband.....in the era of computerization!! and it was reasonable from the Husband to expect his wife to not to commit such a blunder audaciously and show scant regard/respect/fear of judiciary.
Or Should it be 'Notice to admit facts' instead of a Caveat, filed alongwith 'review' petition?
Ria
10 December 2010 at 10:20
Respected Experts,
I have received an Exparte Divorce and the court has ordered for a lumpsum amount as maintenance and also has ordered my husband to pay me the arrears of maintenance.
However my husband has retired & has not provided his current address, but according to the information received from various sources, he is in his house in the native place avoiding the execution of the decree. Also the lawyer who was appearing for my husband withdrew from the case some time before the case got over.
Please guide as to how the execution & Recovery petition should be filed and what details needs to be included in the Petition. And what procedure should be followed for executing the decree.
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If mother got divorced,can daughter claim right in property
Sir, Madam,
My wife is the one and only daughter of my father in law and he gave divorce to my mother in law when my wife is at the age of 3 years. Laterwards he began to maintain relationship with my wife and he himself conducted our marriage and continued our relationship. Recently he expired and he lived with one lady which she is already having 2 sons by her first husband.My father inlaw is not having any children with her. Now my doubt is whether my wife can claim right to property as a daughter and can claim Job on compassionate grounds from BHEL. What is the procedure to acquire legal rights in property which includes ancestral property. I am having one son and daughter. I would be very much thankful if you provide me assistance. Srinivas Chintalapati, Hyderabad - 9700330511, 9908889987, 8143464199, 8143464288, 040-65187788. bharadwajasa2008@gmail.com