Athi Vishal HD
28 May 2018 at 20:59
Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt. Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013. They kept My twins girl childs from 2013 to for 2017. In May 2017 they sent my childs to my custody. I admited them in prestigious school by giving huge donation. But on 28. 04.2018 they suddenly kidnaped my childs without my knowledge from my residence in Bangalore city . Now they are with my in laws outside the city. I gave complaint to police but they simply regd NCR and closed the case.
I approached my lawyer to file child custody case in family court of Bangalore. But he told that since they r living outside the city I should file case in family court where my childs stays which is 50 km from my residence.
Is there any provision to file case in bangalore city since they taken my childs from my residence in Bangalore?
Dipesh Agarwal
28 May 2018 at 11:05
hello,
I file a divorce petition in feb 2015 under sec 13 hma and in return after 2 months wife filed a maintenance case under sec 125.
Wife claimed monthly compensation of 1.25L out of falsely declared salary 2.25L for me. In reply my lawyer suggested me to declare a wrong salary of 36K instead of 90K under Oath in reply to the 125 case. When I argued with my lawyer, she mentioned that Onus of proving 36K wrong lies on wife's lawyer and nothing to worry on wrong declaration in court.
Based on this all replies and failed attempt of patching at Lok Adalat Counseling sessions, Judge at last announced a monthly maintenance of 30K on my wish, in contrast to 36K declaration. Its clearly documented in Order that no income evidences were reviewed and Order is purely based on declarations.
I was okay till this point as everything was going positive on my side.
What I noticed later was my lawyer was colluding with wife's lawyer as my lawyer was not trying at all to move motion to argument stage and just taking dates. Wrong income declaration was part of it. Hence I officially removed her through an application to Judge but yes, colluding as reason for removal was not mentioned on application.
Now wife has applied for discovery of income documents for last 5 yrs under Oder 11 CPC 12,14. So far court has not passed any Order for it but I need to reply and I don't have any objects in submitting documents. In parallel, wife has come down to MCD proposal on 50L and I am not agreeing to it. MCD wish from her end is documented in court file.
Questions are -
1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?
2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?
3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?
4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?
5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?
6) What if I resign from my job as last option as I can't let myself drain like this?
Please suggest!
Anonymous
27 May 2018 at 23:10
Hi ,
Divorce has been declared by court, But the Lawyer is asking for more amount to hand over decree.
Is there any way of getting the same online or from court with out involving/paying any extra amount to the Lawyer.
Plz help.
Thanks,
Krishna
Wakle
27 May 2018 at 14:30
Hi my wife file sec128 for recovery amount of maintainance of dv act. But first she filled as per order of session court 24000pm and maintenance recovery amount of 5 lacs.later HC order 18000pm.now recovery amount is only 4 Lac. But she not file new sec128 on hc order for recovery amount 4 lac as per hc order. She only did application to court for recovry amount of 4 lacks remaining as per hc order in previous sec. 128 case. As per my advocate she should be filed new case of sec.128 for recovery amount 4 lac as per hc order. She first say in sec128 that 5 lacks recovery & now say 4 lacks. No amendment is possible in quasi criminal case &Sec.128 is quasi criminal.My opposite lawyer says,sec128 is quasi civil so amendment ( i.e. change in amounts of 5 lacs to 4 lac) in this case possible. My advocate says quasi civil nature of dv act upto sec32 after that quasi criminal nature of dv act procedure so no amendment or any change possible. And opposite party not taking any permission of court abt change in amount.so my lawyer request court to dismiss sec128 and direct to my wife to file new sec128 case as per hc order of recovery amount of 4 lacks. Now decision pending in court. My question is who is right I.e.my advocate or my wife advocate?what is difference between quasi civil and quasi criminal??????
Anonymous
27 May 2018 at 11:33
Hi,
My Grandfathers ancestral agricultural property was distributed among his 3 sons and 3 daughters as per his will. Now one of his 3 sons has deceased and he only had 6 daughter who are all married. The deceased son has written a will distributing his land among his 6 married daughters. Now in this scenario does these daughter have any right to claim the ancestral agricultural land or it will pass on to the other sons alive.
We live in UP and would request for your expert opinion on this matter as our lawyers are not giving clear picture.
Love
27 May 2018 at 00:38
Sir in domestic voilence case i am paying interim maintenance and case is in evidence stage and for last 4 hearings wife side has not produce any evidence what will happen if they fail to produce evidence.does her interim maintenance is stopped by court and case is dismissed.how shd i proceed further
Amit
24 May 2018 at 22:10
Dear Sir
I want to know the court fees levied on filing section 13b of rs 800000/- in agra family court.
Thanks
Amit
Manoj Nagargoje
24 May 2018 at 19:27
3 BHK Flat purchased by Father & 2 Son combined, all pay for that, but Because of Loan Flat registered on the younger son name , now he claim that its his own flat. seeking for guidence
Manish Saraswat
24 May 2018 at 18:27
Dear Experts......
Hope you all will be fine. T
There is one matter before High Court for family issue. Both the parties settle the matter in Mediation Center and signed the agreement. The same matter reached in court and court has taken consent from both the parties and disposed off with mentioning that both the parties are bound with said agreement.
Husband/Man has withdrawn cases as mentioned in Agreement settlement but wife/lady has denied to obey the terms and agreement and written statement in lower court that - I don't accept the agreement and want to proceed further. Wife file an application before the same court in High Court for reopen the same case on the stage before mediation.
Please advise.
1. Can court reopen the same while court has made bound both the parties.
2. Can lady able to get change the terms of Agreement.
3. Can court apply the contempt proceeding.
Please help me out. Thanks to all of you.
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Maintenance
My husband lives in USA.after marriage he left me at my mom's place nd went to USA.i have no father nd no 1 is there to support me .after that he is very nyc to me for 1year at that time also he didn't gave me maintenance.since december 2017 he is not talking to me properly.now he is asking devorce.i dont want to give devorce nd is there any legal chance to take me to USA.if not how can i apply for maintence what are the documents shud i submit.
Help me out for this please.