KARAN SINGH
14 May 2018 at 11:53
Dear sir
1. I wish to thank lawyers club for valuable advices in past to fight my divorce and GWA cases and the award was published on 31st March only after i applied a contempt petition against learned judge who delayed the case for 5 years and surprisinly no maint money was gtd to my ex and daughter also
2.As per the judgement i lost sec 9 case of course which was filed tactically and the lady and the daughter were not awarded any alimony and maintenance since she had confessed that she is in a better position to take care of child
3.Also under GWA i was allowed visitation whenever i want and no time or duration specified.
4. Now i want advice on following
(a) Can my ex wife again ask for maintenance money for child if yes please tell the timeframe point to note is that she is working lady and i am an army officer.And also the action i should take at present to avoid and deny her any money
(b) The lady has changed address from Lucknow to Gurgaon and now how do i meet daughter.Also daughter was not allowed to meet me for last 5 years and she has probably forgotten me .now as per judgement if i want to meet it I am sure my ex would resist and daughter would not be in a position to meet alone physically and mentally
(C) also being in army i don't get time to meet when ever i want so though judgement passed is no justice to me i wish that daughter be with me either during holi;Deepawali or vacations for at least some time
Please suggest course of action
Regards
Anonymous
13 May 2018 at 08:00
I am hindu. I filed divorce as wife left home 2 years ago on pretext of marriage functions and never returned. After notice of divorce she immediately filed 498a first and DV after 1 week. In DV she has not attended a single hearing (due to govt job)and even her lawyer attended only 2. So can I dismiss the DV for non-appearance of wife from starting to till date. Further There was no investigation done in DV as per various judgments. Please guide and she has asked for protection,residential or rent amount.
Shri Jai Krishna
12 May 2018 at 14:46
If you parties being Hindu of different castes, wishes to marry without the consent of their parents. Under which marriage act does the court register their marriage ? Is it Hindu Marriage Act or Special Marriage Act ?
Anonymous
12 May 2018 at 13:14
IS IT NECESSARY THAT WILL BE MADE ON A STAMP PAPER AND TO
REGISTER IT?
I HAVE ONLY ONE CHILD AND I WANT TO WILL ALL MY ASSETS TO HIM.
WHAT ARE THE CHANCES OF DISPUTE OR FRADULENT CLAIM?
Sandeep Sehgal
11 May 2018 at 13:57
Hello,
I and my wife are british citizens holding OCI(Overseas Citizen of India) card .WeI have registered with CARA as OCIs living in India, completed the Home study and are on the waiting list for a child for adoption.
Meanwhile a couple known to us want to give up their child for adoption. Can we legally adopt the child? Will it be under Hindu Adoption and Maintenance Act? (I and my wife are both Hindus and do not have any child.)
In case it is possible to adopt under HAMA then will be able to get the NOC from CARA and the 'Hague Convention adoption certificate' which will be required by us to get the child to UK.
Thanks
surinder singh
11 May 2018 at 10:15
my son is 5 years old but yet i have not got his birth certificate ,pl guide how can i get it now
Ashwani kumar
10 May 2018 at 19:10
Hi, my brother married in May 2015,in last 3 years his wife lived 40 days, me and my family requested her to come back but she made a false allegations that my family was not supporting her. Then my brother made a request in her gram panchayat for resolution. His wife came after 2 years. Post 20 days she had again went back to her home. This time my brother made a request in his gram panchayat, she came to panchayat and made a allegations that my brother is medically unfit and told to panchayat that 1st do medical test then I will go, my brother made a medical test post discussion with doctor, sperm analysis. Now report is OK.. My brother is now in a big shock as his wife made him false allegations infornt of gram panchayat... Please suggest what to do.. In earlier application her panchayat not mentioned any domestic violence or dowry issue..
Ronit
10 May 2018 at 13:53
Hello I am the husband. My wife took transfer from SBI bank,From my place to her father's place of posting and did not informed me at all.Though I was requesting her come back but she was giving excuses like I maltreated her bla bla blah.I Filed RCR suit in the family court at my place as marriage was solemnised and last place of residence together was also the same place.My wife did not appeared for 3 hearing despite receiving notice and her lawyer was seeking adjournment without any reason.So family court judge gave LO to my wife lawyer for WS for next date.Suddelnly,after that, I got transfer petition notice from high court filed by my wife.It is written in that notice
A) Since wife is residing permanently at xxxxxxx district and working in SBI at that branch ,so husband has deleberately filed RCR to harass her
B) Wife is a permanent resident of that district
C) As distance is 150 km,she can not travel and being a Govt servent.
D) It is difficult for her to travel with 1.2 yr old daughter without any male companion
E) Due to her service commitment and her daughter of tender age she choosen not to appear before family court judge and he got annoyed and gave LO for WS
F) Marriage was solemnised on xxxxxxx date and daughter was born on xxxxxxx date
In lieu of this I would like to disclose some facts here
1) Marriage solemnised , last place of residence together,her place of working was matrimonial home i.e My place.and in her transfer petition she did not mention at all where marriage was solemnised,where daughter was born and where she was working earlier.
2) We last resided together for 1.5 yr and it is only 7 months passed when she took transfer to another district,how she can claim permanent residence of that district when she was born and brought up in different state.
3) in her petition she has shown as she is living alone but the fact is that her father is living with her.
4) She went to high court which is 120 km from her place and gave oath there so her argument that being a lady,can not travel 140 km, service commitment,no male companion,daughter of tender age itself contradict her own statement and further she has directly filed transfer petition instead of filing WS
Please advice how to proceed and provide me the relevant judgement wrt to above subject
Further I would like to know that if she has claimed that she is a permanent resident of that district,in her oath then can it be under perjury ?
Misleading and incomplete information comes under perjury?
So can her petition be dismissed for providing misleading and wrong information
Anonymous
10 May 2018 at 10:32
Hi,
I am seeking legal advise on maintenance and divorce cases.
Here below is brief summary of my case:-
================================
Currently I stay in Singapore since 2007. My Marriage was in India year 2008. I Separated from wife since June, 2013. At the time of separation, one time settlement already done in Singapore before High commission of India. She has taken her belongings(streedhan) also. I have evidences.
After settlement in July, 2013, My wife went to India. she filed divorce and maintenance cases in September 2013 on cruelty grounds. Divorce case I contested, I won. She was unable to prove cruelty.
Maintenance case still pending before the court. court granted Interim maintenance INR 15,000 (10,000 wife + 5,000 for child). Till date I have not paid anything. I am asking them to do one time settlement. I requested many times but no child details given.
She filed 498a dowry case in February 2015. I appeal quashing application in high court under section 482. Court granted my application for quashing matter.
I already tried for settlement through high court but demand for settlement was too high, even Gujarat high court also noticed the same and honorable judge wrote in oral order, 'demand for settlement too high, settlement discussion not possible'. Also mentioned,gap between settlement offer and demand for settlement is very high. Court also mentioned, It is lurking that because of suspicion nature of wife towards husband's external affairs she filled fake cases. Local police also abuse the process of law.
My query for maintenance:
====================
Even if I don't pay current interim maintenance and don't come to India, what's impact to me ? I have no such property or assets in India. I am currently Singapore Permanent resident but still Indian national.
She has already filed under 125(3) maintenance recovery but I have not received any notice, I can see on court website.
My wife was working 3.5 years in Singapore(May 2010 to June 2013). Also registered company under her name as director position in Singapore. I have evidences.
Currently she is working in India but I don't have evidences to prove the same. I know only she is working as school teacher in Kheda Town(Gujarat) but not sure school name and her current income record. At present, also I am not sure if she is in relationship with someone. difficult for me to collect details as I am in Singapore and her place is quite far from my city(Ahmedabad). I have no other relatives staying near to her who can give me more details about her.
In Singapore she worked I have have job salary slips, bank passbook etc. details, she is well educated too, which I submitted in maintenance case, I am not sure how much court will consider that evidences.
Also, we purchased property in Singapore under joint name in year 2012, she has 50% partnership but all down payment and EMIs I am paying, no support from wife. Currently Singapore property valuation down, almost 80 LACS INR loss. After divorce, as per Singapore law, I have to sell out current property and I won't be able to buy new property.
I highlighted in settlement to my lawyer about all these losses, and also said I will take care of entire loss and won't ask her to contribute in loss. On top of that I offer one time amount + medical insurance for child throughout her marriage. But their demand is still very high.
In Crpc 125 maintenance application, She demanded 1.5 Lacs INR per month (1 lac for her + 50k for child) maintenance which is too high. Currently pending my cross-examination and final argument stage. My cross-examination via video conference granted 6-7 months before but not sure when court will ask to attend. As of now only dates on dates.
I am not sure if I don't pay interim maintenance what's impact on final maintenance order, how to appeal and fight.
Pl. advise, what's best option to come out ? I already tried to stretch financially settle but their expectations I can't meet.
My Query on Divorce :-
==================
can I still file divorce in local court or high court on cruelty grounds as she left on her own freewill, no such mental or physical harassment cases against me in Singapore. Separation done already 5 years before. Also, after reaching India 2 years later, She filled false 498a and divorce cases on cruelty grounds. She didn't come back even I asked multiple times. Thank You in advance for your advice.
Best Regards,
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Format required for partition of assets
MY MOTHER EXPIRED LAST YEAR WITHOUT WILL .
WE ARE 3 BROTHERS & 1 SISTER & WE WANT TO MAKE ON STAMP PAPER ABOUT PARTITION OF ALL ASSETS
ON STAMP PAPER WHICH SHALL BE SIGNED BY ALL 3 BROTHERS & MY SISTER AS WE DO NOT HAVE ANY DISPUTE
OUR CA TOLD TO MAKE I DEED ON STAMP PAPER SIGNED BY ALL LEGAL HEIRS WITH ALL PROPERTIES DIVIDED
AMONGST ALL 4 LEGAL HEIRS & SIGN BY ALL 4 LEGAL HEIRS SO THAT HE CAN TRANSFER THE ASSETS FROM MY MOTHER
INCOME TAX FILE TO LEGAL HEIRS AS NO DISPUTE IS THERE & MOST OF ASSETS NOMINATIONS HAS BEEN DONE
& BALANCE ASSETS MUTUALLY AGREED .
PLEASE PROVIDE US SOME SPECIMEN FORMAT OF DEED OF PARTITION OF ASSETS SO THAT WE SHALL MAKE ACCORDINGLY .
PAWAN SUREKA
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