rajesh
16 September 2010 at 22:50
Respected Sirs,
Please suggest on below mentioned aspects from the case attached.
1. marriage nullity taken for granted?
2. can maintenance be nullified?
3. is remarriage possible persently?
case can be understood form the attached Cr. M. A. at High Court. Kindly go through that and advise please. It is already filed by me in HC, can I take risk to present it party in person?
siranjeet
16 September 2010 at 22:31
my friend got married in 2000 &his wife deserted him in 2007 7 he has 6 yr old son who is living with her .he filed a case U/S 9in yr 2008 7got ex parte decree of section 9 in sept. 2009 , as his wife refused to receive summons 7summons were served through all modes of service as per law like court messanger, registered post & publication in news paper .he filed acase execution of decree U/S 9. now she received summons this time 7 filed a case to set aside the decree U/S 9 OB\N THE BASIS THAT SHE NEVER REFUSED TO RECEIVE SOMMONS &IGNORANT ABOUT THE CASE 1can he file adivorce case on basis of decree u/s 9 as one yr is completed after passing of decree of section U/S 9 while case set the decree u/s 9 by her 7 case of execution by him is still is pending in court
2. if your answer is 'YES' KINDLY give me the case laws in regarding this.
3 as one yR after decree is complete can we should withdraw the case of execution U/S 9 ,IS WITHDRAWAL OF THIS CASE HAS ANY BAD EFFECT AS THEY HAVE NOT FILED ANY ANSWER TO THIS CASE AS JUDGE WAS ON LEAVE ON COURT DATES
Anonymous
16 September 2010 at 21:21
Dear Sir/Madam,
My wife was engaged with someone before the marrige even after the marrige she had even physical relation with him and me.
she gave a birth to a child 2yrs ago after the birth she started staying with him and never returned but that person is not accepting the child.now my wife wanted to put the child in the orphanage that i refused.after then she claimed for divorce from me or telling to keep the child i am ready for that.she claimed for maintenance that i refused.
can i refused for the divorce even when my wife demands in court?
i want she should foster the child weather stay with me or stay with her boy friend.
My age 45yrs
wife age 39yrs
boy friends age 32yrs person is already married but rich enough giving money to her family that i cannot give.
kindly suggest me can i refused for divorce
even if she demands.
Anand
16 September 2010 at 19:26
My Grandfather father having 3 childrens one is my father and 2 daughters(above 50 + Age ) .
3 months back all the property wht ever my grnad father having registerd( on my name) and my grand father passed away last month . In any case my aunties are eligible for my grand fathers property ??
Anonymous
16 September 2010 at 16:57
Sir,
1.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
2.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
3.If we mix query 1 & 2 i.e. father is paying Rs 150 as interim amount according to court order to pay Rs 150 till the wife CrPC 125 maintenance case decision.Birth of son took place at father of mother home.That is father has interaction with son via court case of mother, practically father has zero contribution in the son development or growth.Now when son starts earning, father is claming Rs 10000 per month via CrPC 125 case on mother and son.
Kindly suggest what should be the son action for father CrPC 125 maintenance case ??
Regards.
AR
Anonymous
16 September 2010 at 16:53
Sir,
Thanks for reply.
1.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
2.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
3. Father is paying Rs 150 as interim amount according to court order to pay Rs 150 till the wife CrPC 125 maintenance case decision.Birth of son took place at father of mother home.That is father has interaction with son via court case of mother, practically father has zero contribution in the son development.Now when son starts earning, father is claming Rs 10000 per month via CrPC 125 case.
Kindly suggest what should be the son action for father CrPC 125 maintenance case ??
Regards.
AR
Anonymous
16 September 2010 at 10:14
1. If 125 maintenance case has been filed in court from one side let say "wife" till the case has not been decided, other party same 125 maintenance will be maintainable in court or not ?
2. What minimum legal documents are required to prove the income of some b/c class businessmen like shopkeeper or whole seller ??Will TIN no with some customer receipt of business men be enough to prove the income ?
3.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
4.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
Kindly let me know the link i.e. web address of judgement if you can provide some support of judgement.
Regards.
AR
kamal shukla
16 September 2010 at 00:39
c. The learned MM has chosen to take cognizance under section 313 IPC against the accused/petitioner merely on the bald statement of the complainantEven the police in their charge sheet clearly mentioned that upon verification of the related documents & also after investigation section 313 IPC does not get attracted.
Vinoba
15 September 2010 at 18:02
Hello,
I would like to get clarified on some legal points. I will give the facts in nutshell:
i) 'F' is my client and she died by committing suicide on instigation of her husband 'H'.
ii)'F' and 'H' are having a child aged about 4 years.
iii) Child 'C' is under the care and custody of its grandparents i.e, parents of 'F'.
iv) grandparents of 'C' are around 60 years of age and hence they are not financially that sound but can provide basic necessities.
v) grandparents want to file GOP for guardianship of person 'the child'.
vi)'H' husband is not giving any maintenance for the child 'C'. Husband 'H' is having a property and he is planning to alienate the same to third parties.
What step the grandparents have to take legally.
L. Vinoba,
Advocate,
Pondicherry
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regarding inerim in 125crpc & 12 Of dv act
sir i am student of M.C.A(MASTER OF COMPUTER APPLICATION)
my wife file a case of dv &125.she accepted that she has a plot of 50 yards in west delhi.
i have a proof that she is currently working in a watch company and also video and get income of rs.10000.
i am not working yet i am a student. i have not any piece of land on my name
i have a little daughter whom i paid 1000 per month.
is court allow maintenance for her ?
sir and she is saying in the court and in mediation that she wants to live with me
but i do not want him back
on the next date i.e tomorrow i have to give my answer in court that i want him back or not
i wnt to say no
but currently i am not in condition to give maintenance more than 2000
what i do to overcome from this problem
then what i have to say in court while she is saying to live with me while i do not want her back in my life
i have a slip of repairing watch given by her &i in her own writing and also the video of that time while my man giving to her that watch & taking the slip.is it valid to proof to proof her job