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Nanjunda   05 September 2017 at 09:18

Bank loans done by the brother

Sir, I and my brother was living with my mother in her house and sharing the house hold expenses and we both are doing individual bussiness withoutany connection in bussiness, but last month he died and he has made so many loans with banks and with individuals and now banks are asking that my mother and my self and my wife is leagal heirs and requesting us to clear the loans but they have not mensioned my brothers wife name ,please clarify who willbe liable for those debts which are not known to any one

Anonymous   05 September 2017 at 00:28

Wife filed for divorce

Hi, i was married in 2016, through matrimonial website. things happened so quick that I could not realize what was happening around. during initial talks she expressed her intention to support her family after marriage by giving INR 10000 per month for which i had not objection. after our marriage. she never used to come out with me before marriage saying her family will not permit. Soon we got married, one first night we tried to get intimate but she was not showing interest and I did not wanted to force her thinking that she must be comfortable. after few days we tried to get intimate but due to her physical condition ( she is heavy body type), she used to avoid by giving lame excuse. All weekends she used to make a point she visits her mothers house and there by we never had time together. she used to say that it was not necessary to get intimate right after getting married. i deleted my profile for matrimonial website but she was not ready to delete her profile when asked why she replied that she did not wanted someone to know that she was married. Her parents were more interested on my property. they had insisted my to take my property share from my parents and to say at my in laws house. for which i was not ready. on the second day of our marriage i had give her one chain, one ring to my wife as i dont have the habit of wearing ornaments. during marriage we have give her 15 sovereigns gold. since i did not have bank locker she had kept jewelry at her fathers bank.
one day we had petty fight over food and i called her father to let him know what was happening but instead of solving the issue her father came to my house and took her to their house. in-spite of my family trying to interfering her family was were stubborn and took her. my self and my parents visited her house couple of times to solve the issue but there were not showing any interest. one day they called me to their house and told that his daughter was not interested in continuing the marriage and wanted divorce under mutual grounds, for which we agreed. we meet her lawyer and said that they would file case under two grounds non consummation of marriage and cruelty grounds and later during the proceedings they would withdraw cruelty and continue the case under non consummation of marriage. but later they have filed domestic violence case at traffic court and are seeking maintenance
To be frank I was in relationship with my junior for 9 years, during that period we had got intimate many times. we could not get married due to circumstances. now my wife side is calming that I am impotent and not fit for marriage. i have even did medical test and the results indicated that i had not issues.

All issues started when i said lets buy a property and how much she had in savings, from that day her character/ behavior changed. She was always keen on separating me from my parents and to settle at her mothers house. her parents used to interfere in our day to day life which i was not comfortable and the same was told to her. After which she started to pick silly stuff and fight with me

Adding to it they are demanding 35 lakhs as compensation and they have even mentioned that the jewelry which we gave is not with them and it is with me. which was false. we did not have any function/get together/ festival to take the jewelry for the locker. can some one please advice on this.



Anonymous   04 September 2017 at 23:04

Recover of interim maintenance (dv act)

Hon'ble Court has awarded interim maintenance of Rs. 7000 p.m on May 2016 under Domestic Violence case being filed in May 2015. Other party appealed regarding above interim maintenance order and we settled for Rs. 5000 p.m mutually in Lok Adalat from the date of filing.

My husband is in Admin Branch in Government School of Mandi (H.P) and earning Rs. 40000. Despite of being govt. servant and having that much Salary, he has just paid interim maintenance of 7 Months (In Parts) only out of Due 28 Months.

We filed Recovery Petition U/S 125 (3) an year before in Sept 2016 but he has paid only Rs. 32,000 out of claimed Rs. 80000.

We are going to file another Recovery Petition to claim Pending last 12 months i.e Rs. 60,000 as one more year has been passed without payment as he hasn't paid any current maintenance at all (Even partial recovery amount only as stated above for earlier 125(3) Application.

Please get response to following :

1. How to resolve above. Can we just keep filing Recovery Petitions like that
2. Can we get his Salary Attached. If yes, then it will be great if you can tell me the procedure for filing that.
3. My Advocate is not helpful so it will be great if you can share Salary Attachment Application with me. I will be ever grateful to you. Thanks very much.

anonymous11   04 September 2017 at 22:16

divorce

Hi all, My sister is married in November 2016. Recently we came to know that the boy is impotent and unable to do sexual intercourse. It was a cross cousin marriage. Now we are asking him to do thorough checkup and get proper treatment. But they are not accepting their mistake and boy is also told do whatever you can do but i wont do any medical checkup. We tried asking through mediators but no result. What is the way out for us. If we go to court with a divorce petition how much time it takes for entire process. Can we get divorce sanctioned on impotent issue as the main criteria

Anonymous   04 September 2017 at 16:54

Debts of brother who died

Sir,
I and my brother was living with my mother in her house and sharing the house hold expenses and we both are doing individual bussiness withoutany connection in bussiness, but last month he died and he has made so many loans with banks and with individuals and now banks are asking that my mother and my self and my wife is leagal heirs and requesting us to clear the loans but they have not mensioned my brothers wife name ,please clarify who willbe liable for those debts which are not known to any one

nanjunda

Anonymous   04 September 2017 at 03:42

Marriage related

Hi
My wife has left my house without my knowledge, now trying to reach her but phone is either switched off or she disconnects it. I later found out that her father had came and took her. She has left the house with all her belongings including clothes, jewelry, God idols etc. and left a not that she is going to her hometown. I tried reaching her father but he didn't receive my calls even after repetitive attempts. I later learned that she had left the due to my words to her, whereas I just asked her to perform the daily chores of the house. I had lied to her twice in the past that I have agreed and later told the truth. We were not in communication being in the same bedroom for at least 2 months. She later tried avoiding me, she used to go away every weekend to avoid any communications, it seems that she doesn't want to continue with the marriage. On what grounds could the divorce be filed, I would like to know, in this situation.
I want to continue with the marriage but as per her behavior it seems the opposite. Kindly request your expertise and advice for this.
Thanking you in anticipation

Nilesh   03 September 2017 at 21:27

Access to son

Respected experts, My DV, and maintanance case is in court. I am paying the interim maintananace to both wife and 5 year old son. Its been over 2 years they have not submitted the evidence. Also last month I have been granted access of my son every sunday for 1 hour. But they give reason every sunday,as a result of that I was able to meet my son on 2 sundays out of 6.
1. what action should we take on this access thing and also the submission of evidence.
Thanks in advance

Anonymous   03 September 2017 at 13:54

Legal heir or succession certificate in andhra pradesh

Dear sir /madam
I am a resident of kurnool (AP) aged 36 and my father passed away in 2003 when I was 22yrs and my deceased father had two marriages 1st widow has 5 children(3 girls and 2 boys) who are elder to me and iam son of second widow and youngest of the deceased where in our case we are two children me and my elder sister

My query is Me,my mother and sister are not given equal share in my deceased father's property from 1st widow family and without mutual consent they have encroached the fathers immovable propertys completely
Without legal heir /succession certificate

in my family case my father had nominated 2nd widow name in provided fund scheme and as well pension of my deceased father is still active to the 2nd widow as she took care of him more than 25 years till he died and after his death we were been patiently looking for a mutual consent from 1st widow family from past 13 years and now they are not even responding to us for a solution so we have decided to seek justice from court to get our legal heir/succession certificate

Documents I have so far acquired to file a suit
1. Family members certificate of all members of deceased and death certificate of deceased through revenue office 1st and 2nd family's together
(Earlier they have given wrong information to revenue dept by not enclosing our names)

2.reliquishment deed (registered)of my deceased father which he made from his joint family where his share is declared in 1968 before both marriages

3. Valuation of the immovable propertys from SRO with nakal documents of registered immovable propertys declared by deceased in his reliquishment deed

Dear sir/madam could u please guide through and throw some light here on understanding the court fee structure to file a suit seeking legal heir/succession? How we are eligible under hindu family law for the equal shares in the whole family being a 2nd widow family ?

(On a personal note Where in our case 1st family didn't involve in our education,wedding and we'll being after my father deceased as we were left out!! in which their case they were all sorted by my dad before he died as got their weddings done business investments for both brothers are done as they were elders and we were still young and also my deceased grand father's property is enjoyed by 1st widow brothers and sisters which is 2 folds bigger than of my deceased fathers property and none was shared to us and we were been out casted ))

Please guide us through your knowledge sir
Thanking you
Regards ,
Purushotham

sourabh   03 September 2017 at 11:51

Re- wife still after marriage writing ms in many things

Dear Team,
Its been 6 years of marriage & same is not going well
6 months back wife has filed 498a/dv/ 125 against me and my family
further to this court has decided interim maintenance on me & we have got stay order from high court in 498a

i want to tell some points
1) after marriage my in laws has bough a property in my wife name where wife has written his name as Ms & shown as daughter of .............instead using husband of
2) she has open new bank account where too she mentioned miss & daughter of
3) wife small sister too divorced 2 years back & luckily they have given advertisement in paper for marriage where they have not mentioned divorced & my details are also there as ms ..........., intead of mrs

is there any provision to use it or can i go for manhani as everytime it shows my wife is unmarried

Mahesh   03 September 2017 at 08:13

Applicability of HMA on Tribal Community

Sir, my friend belongs to schedule tribe. He got married in 2011. His marriage was without taking dowry. His wife started to create nuisance and problems in his family, like senseless fights with husband, relatives & in-laws. She has been living with her parents for last 3 years. In the mean while, she filed complaints against him, his parents n relatives in police station like under section 406. Later the police after investigation found that the alleged complaints were false and filed just to harass my friend and his relatives. My friend n his relatives did their best to reconciliation between him n his wife, but all in vain. Since my belongs to ST community and he can't go for divorce under Hindu Marriage Act, he went to his community elders as per custom prevailed in his community. After hearing from both sides n making numerous failed attempt for reconciliation, elders decided for divorce. They gave their decision in written to my friend. This happened few months back. He consulted few lawyers, he was informed that getting a decree of divorce from the court in his case is not necessary as he belongs to ST and divorce are done based on their customs only. Now my queries are: (1) whether my friend has to go for any kind of decree from the court even when hindu marriage act is not applicable to him? (2) if yes, then how and what should be the approach for it? (3) if No, then what should be done so that false cases against him like dowry etc can be avoided, as the probability of filing false case by his former wife always be there. (4) whether can she file maintenance case against him even after customary divorce? (5) whether cases like dowry , domestic violence can be filed after divorce? Sorry for the long list of queries. I have to ask these queries as my friend has been receiving threats from his former in-laws n wife of various cases & due to this he is mentally very disturbed & depressed. He already suffered alot since his marriage. Please advise over the queries above at the earliest. Thanks.