Member (Account Deleted)
14 October 2010 at 00:09
whats the procedure followed by court under DV Act to grant residence rights in shared household. I am not living with my parents and dont have property of my own but at the time of marriage and later had been living with my parents.
If my wife applies for a residence rights in the matrimonial home which is my parents home can it be granted though I am not living there and due to my job I live near to my work place.
Is there any precautions or preventive steps that I can follow now to prevent my wife claiming residence rights in my parents home where I dont live now but at the time of marriage and later was there.
Anonymous
13 October 2010 at 16:20
Sir,
When High Court has issued status quo order was issued but defendant without regard to the status quo order continued the construction. The defendant never cared to approach the court for vacating the order issued by the court or giving any explanation for such unauthorised construction. In the meantime the court gave verdict for partition of suit. The building was constructed exactly on the partition land to be decided by Final decree by metes and bound.
The building constructed is a three storyed building with RCC if the land is divided into three shares as per the preliminary decree and final decree, the whole or part of the building will fall into 1st share or 2nd share or 3rd share.
When the status quo order is still in existence what is right of the defendant to construct the house. He should have constructed the building on his share without encroaching upon the land of the other co-sharer.
In the above situation I am having a doubt how the partitioning of the land will be done. We have to forfeit our share for money. I want my share to build my own house and hence I do not want any money as compensation of my share.
Please kindly advise me on the above situation and suggest useful solutions for my problem.
Thanking you,
Regards
M.S.N.
abhay
13 October 2010 at 11:18
hi my qus is how i can get a marriage certificate of my parents they married at nagpur court at 1992/1993 they forget there marriage date losted there certificate and i need that certificate for official work so how can i get duplicate marriage certificate from registrar office . and how many days i will get
Anonymous
13 October 2010 at 10:26
Due to before marriage affair my brother's wife left the house in March'2010(Marriage in May 2009, has seperate from in-lows in Oct.'2009, & left the brother's house in March 2010).
Sir i would like to know that
1] She was residing from her in-lows how can mention the name in D.V.case. Can my parents file case for such act,as she provide false information to the court, If yes on which section case will be file.
2] My brother file section 9 in April 2010 and after one & half month she file 125 case on my brother, If section 9 file before her 125 case, it is benefecial to my brother or not, if yes, kindly give ur expertise comments.
3] On section 9 case, she has not attending any date, resulting If I get decree in this case, It is helpful or not to my brother in the case of 125, divorce or it is protectable in 498a.
4] If she residing seperately from my parents can she mention my parents name in 498a & other case if yes kindly ask in which act it will be prove false.
5] At present matter is in mediation centre but she again refuse to compromise, if mediation centre again sent this case to court then the decision of mediation centre is helpfull or not to my brother if yes, how ,
7] In this case if any suggestion of yours will be highly welcome.
I humbly request to all experts kindly give ur comments with details and case section (crpc) etc.
Anonymous
12 October 2010 at 12:48
Seeking expert /Professional guidance---
1) Wife filed false case of Domestic violence against Husband, Fatherin law and Mother in law.
2) Wife having affair and working in reputed hospital and left husbands rented home 2 years back with 6 year old daughter to her parents home in delhi.
3) she filed the case after 2 years of leaving the husband.
4) Her father sent CRPF commandos to threaten the Boy's family ( All gypsy nos. and officials no. noted down)
5)Girl also not tried to snap the relations with boyfriend/colleague. and to hide this, she uses different tactics to harass the husbands family.
6) Boy's family disowned the son and daughterin law after the illtreatment meted out by daughterin law.
What are the options to tackle such problem and to get out safe from the hands of protection officer who usually harass the Boy's family .
How to fight the case further.
Kindly give your opinion.
vineet
12 October 2010 at 12:43
Seeking expert /Professional guidance---
1) Wife filed false case of Domestic violence against Husband, Fatherin law and Mother in law.
2) Wife having affair and working in reputed hospital and left husbands rented home 2 years back with 6 year old daughter to her parents home in delhi.
3) she filed the case after 2 years of leaving the husband.
4) Her father sent CRPF commandos to threaten the Boy's family ( All gypsy nos. and officials no. noted down)
5)Girl also not tried to snap the relations with boyfriend/colleague. and to hide this, she uses different tactics to harass the husbands family.
6) Boy's family disowned the son and daughterin law after the illtreatment meted out by daughterin law.
What are the options to tackle such problem and to get out safe from the hands of protection officer who usually harass the Boy's family .
How to fight the case further.
Kindly give your opinion.
Anonymous
12 October 2010 at 11:42
I was married in May 2009, due to wife attitute and unfair activities, i tried to maintain my married life & i was seperated from my parents in Oct.2009.but in April '2010 she left my independent house with all gold and valuable household material, but i tried my best to came back but she is not comming.
1] I filed RCR in April 2010.
2] In May 2010 end she filed 125 crpc and
June 2010 she filed DV against me and
my parents.
3] Mahila Parmersh kendra and other
authorities but all are vain, i also
tried and ready to resolve this issue
mutualy,but all are vain
4] She is not ready to resolve this
issue and demanding huge amount and
blackmailing & threatening to file
498a etc.
My qurries are
1] If was residing seperate from my
parents how she can registered my
parents in D.V. & others acts cases.
(I can prove for seperate residing)
2] Can I file against her any case for
such act.
3] What is minimum period required to
file divorce ( Married May 2009.)
4] what is a decree of divorce.if a
husband get decree what relief he can
get.
5) At present I have no job, what is the
rule for pay of maintenacne, if i file
RCR and still i m ready to kept with
me, in this condition she is entitle
for maintenance ?
6] After one & half of my RCR file, she
filed 125 & DV case, can i file any
case against her in this condtion .
7} What kind of steps i could be taken to
rid such problem
Kindly advise & help me in this subject urgently.
Thanks
Amit Oza
12 October 2010 at 10:10
what is a decree of divorce.if a husband get decree what relief he can get.
Anonymous
12 October 2010 at 09:28
hindu,married one and half year ago only for two months of cohabition my wife deserted with pregnency(male child) as she wants as a inatumnsoninlaw.after attempts made to get back her & child i went for rcr.in reply notices they stated that dowry demand & necked out even they are ready to cohabit.but they did not come when i went to her with elders.i am a state govt employee.i filed rcr in june-10.three notices send her through court.but they are avoiding notices for the same address which is their own house.wantedly avoiding notices.recently they filed for mc.notices still to be serve.petitions filed in different districts.
1)what are steps to be taken?
2)the court cant be cosider as an ex parte?
3)is there any chance to file a writ to visit my child?
4)i am ready to give maitanance for my child.why should i give to my wife with her wrong?ready to pay the total amount in the name of child.
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regarding shares
Dear all,
My brother had bought some shares in my name. I am receiving some returns on those shares every year directly by the company. However the original shares are not with me and with my brother. He is not returning it to me either. Hence I am not able to deposit the cheques in the bank as the shares are not reflected in my income tax returns--my brother was handling my income tax file and I did not know anything about it. Only for past couple of years I am doing it myself as I have some independent income.
The cheques every year are going waste. Is there anyway I can now reflect those shares in my ITR. What is the way to get those shares? Can I directly contact the company? Can I show that I have lost those shares and they be reissued again? I do not know anything about the technicalities of such dealings. Please educate me and I will be grateful to you all.
There is possibility that I am not clear in my query. Please bear with it and ask me anything if you want further clarifications.
Thank you very much indeed.