Anonymous
10 November 2010 at 16:13
Dear Experts,
What is the difference between counselling and special counselling? In a divorce on the ground of cruelty case, a couple had 2 counselling sessions at family court at the outset, and now the couple is directed for the special counselling?
How is special counselling different from counselling?
Thanks in advance..
Anonymous
10 November 2010 at 12:55
Question from aggrieved/victim Husband
-- Wife living separately from husband since 2 years due to matrimonial dispute.
1) She filed false case in DV act,urged to get maintenance,housing expenses for herself and child.
2) She is working in reputed institution and Husband is jobless. She is engaged in extra marital affairs. Husband having proof of phone details and some complaints filed with police against wife.
3) Is it possible that wife may further file 498a case in addition to case of DV.
4) Is she can get maintenance under these circumstances.
5) Can husband file a divorce case and on which grounds.
6) Husband is advocate and newly registered with bar association in the court where Case of DV filed.
Expert guidance needed by senior advocates
Anonymous
10 November 2010 at 12:43
Expert guidance needed by aggrieved husband.
Wife living separately from husband since 2 years due to matrimonial dispute.
1)Can she make any claim in property of fatherin law or Is there any claim/right of minor girl child on property of grandfather.
Grand father got the property in succession from his father.
2) Husband do not own/ any property in his name. and disowned by father.
Ajay Reddy
10 November 2010 at 02:11
My father passed away unexpectedly. He left some money in the banks and most of our properties are in his name.
What should I need to do to give my mother access to his money and properties. Does she need a legal heir certificate? My dad wasn't a public servant nor is my mom.
Do me and my siblings need to be involved. I read some where that my mom will be the defacto heir/beneficiary. Can any one please clarify. I just want my mom to get access to dad,s assests.
Any help is greatly appreciated.
Thanks.
Ajay
Anonymous
09 November 2010 at 22:16
SOME FACTS ABOUT THE COMPLETE HISTORY OF MYSELF
My father was the youngest son of Grandfather, who well studied.
He Married my mother and I was Born, My mom Died when I was 5years and Dad Remarried again and has a son from the second marriage.
Father started his business which started florishing and he beacame a rich man with many properties, bank balance etc.
After Studies i joined my service and was living away from my father, step mother and half brother this was in the year 1995.
thereafter I used to casually visit them, during the period of 1995 onwards my father was a sick person with medical history like brain tumour, low levels of harmones, eyes problem, diabetic, tuberculosis and overall health deterioration.
On 19th September 2010, Father expired after a brief illness and cardiac arrest and was cremated.
Later on came to know that he has written a Will in favour of my Step Mom giving all the immovable/movable properties to her. I have only been mentioned as his son who is working out and is satisfied with his job. no mention of not giving me anything etc.
Can I contest the Will as the witness in the Will is a property dealer and a businessman who is a friend of dad.
How should I proceed in this matter please suggest.
In case you need any further calrification please inform.
Malabika Basu
09 November 2010 at 16:48
I am 65 years old, my husband used to be an advocate. I am posting this message as I am in need of help from the lawyer fraternity. My only adughter who was married for 12 years with a 6 yr old child is undergoing tremendous torture at her in laws. She had entered into depression. I took her to doctor and kept her with me. Now she had recovered. I didnt complain as I am alone and do not want to disrupt her marriage. But now her in laws are using her depression as pretext that she was always mentaly ill and wants to send her back. Please please help me. What should I do. I am defenceless but still I want justice for my daughter and at the same time at least her ornaments etc should be returned and her husband needs to provide maintainance. Please Please help me. What should I do? where should I go?
Anonymous
09 November 2010 at 16:28
As me and my wife got register marriage last year based on the assurance given by them(wife prents) that the conventional marriage will be done soon (as it is a arrange one, got acceptance fron both the parents), now my wife parents are not ready for getting conventional marrriage saying that alredy leagally marriage is done, and they filed a false vakalth for nullity. But I am interesed to lead life with my wife, does court will cosider for nullity if even though I am interested to lead life with my wife.
Gaurav
09 November 2010 at 16:02
Brief summary of my last query,
Married in Jan'2010. After lot of quarrels and fights of my wife,
with my parents and me, many a times scene created at my home I
got separated from my parents and started residing in a rented
accomodation, but there also things didnt go well.
Now my present query:
On 27th october in the night at around 11pm, my wife started
fighting with me and said that I am going and I wont stay here.She
called up her brothers, sensing some foul play I left the place
silently without any fights.
At around 11:45pm I recieved a threatening call from her brother.
At 1am I got a call from local police station, I went PS. There
they had given a false hand written complaint that I used to beat
her and all. Police at that time asked me whats the problem and
ask both of us to leave within 10 mins. Before leaving she and her
brothers spread rumours about me.
Action I took, I put a detailed complaint in the local police
station as well with the Commisioner office and Dy.Commisioner
office on the very next day.
I am also filing a divorce petition on cruelty basis.
My lawyer is asking me not to vacate the rented accomodation.
Please tell me for how long should I keep the rented
accomodation??
While going from police station my wife was shouting that she will
go to women cell, but till date I hadnt recieved any communication
from girl's side.
Had I taken right steps?
Anonymous
09 November 2010 at 12:15
Hi,
I got married this year and it was love cum arrange marriage. My mother-in-law is torturing me by saying that i married her son just for their property. My husband is very supporting. Can i prepare a stamp paper and mention there that i do not want any property nor any money from his mother? I want to live a peacefull life. please suggest.
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488-A/406, 125 CRPC ( HOW CAN I COME-OUTY OF THIS TAUMA ? )
Dear Experts,
My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 in which is accepted the divorce but later she withdrawn the same after the dismissal of the RCR and she also started to denied the factum of divorce. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. In 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498-A/406 she is claiming that i m doing nothing and she has maintained to me by doing service but she later denied that she is working although i have placed on record the ESIC certificate but court has overlooked the same. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.
I filed the revision in the session court right after the interim maintanace order but the same was dismissed. Can i again go for the revision ? if yes, where i file the revision ? it is pertinent to mention here that session court has refused to stay on execution for the payment of maintainance.
Kindly note it that after the interim maintainance order i filed the revision in the session court. The same was dissmissed. I also filed the revision in the Honble High Court against the withdrawl order of the Section 3 of Muslim Women Protection act because in Restitution petition the civil court has accepted that divorce has been effected on ground the defendent (Wife) has herself mentioned the divorce in her Sec 3 (MWPA) 1986 and asking for ailomony for herself.But High Court also dismissed the same as the trial court has open for both parties to lead evidence on divorce in 125 crpc.
1) I want to know whether legal divorce has been effected or not?
2) Is it be beneficial to me file a revison on the present stage of evidence in 125 Crpc as well as in 498-A ?
3) I also want to file an application for the DNA test of one of the defendemt whom i m not the biological father in 125 crpc, will it effect the case?
4) Under what provision can i file the DNA application ? is there any citation on this ?
5) Can the wife also booked the husband Under DV Act after all the above mentioned circumtances and cases ?
6)What remidies are in law for such above mention situations ?
I hope ur worthy guidence/suggestions/advice will help me to over came the tauma i m undergoing for last 10 yrs and still awaiting for the relief.
I will highly appreciate the efforts of respected experts are also wellcome their valuable/worthy suggestions.
Ur adivce in this regard requested and guide me at very earliest. its my request to all the experts kindly consider all facts mention in the Q and advice me accordingly.
With Regards from my heart.