sneha samtani
24 July 2017 at 17:11
I am married and have 3 children. my daughter is of marriageable age. my son 27yrs old suffers friom thalessamia major and my third child is 19 years old.my husband has been repeatedly been having extra marital affairs and harrasing me for my monthly expense. i do a part time job to manage .he has taken many loans for private people . earlier had loans for credit cards and banks too. we live in a joint ownership flat. Now is forcing me to sell the flat and wants to part with his half and does not want to take any responsibilty of the children. what do I do ?is there any way he can be handled ? kindly help
KSSharma
24 July 2017 at 06:39
This is about the maintenance case filed in the year 2013 . I am the respondent (Party in person) and my wife and son are the Petitioners in this case. now i have the custody of my son for the past 2 years. during the trial of Maintenance case she has deported that she has left her matrimonial home on her own accord. the Case is disposed in favor of me. but she filed a RPFC in the High court by which it has came back to trial court for a fresh consideration. and now it is almost 8 months over it is being dragged unnecessary.
Can i file a Crl. M. Application to fix a time limit for disposal or can i file a quashing petition on the ground of natural justice, or any other way to end up this. what are the documents that i have to submit for the same
Anonymous
24 July 2017 at 04:28
Hi I am a Goan married to a Muslim Goan girl but our marriage was not legally registered we both got our nikha nama from a masjid now I want to divorce her I would like to know if she can file a dva against me in the court of goa to take legal action on me the people from our community will give me talakh nama as the religious devorce. Plz help. The girl I have married to had made my life a living hell plz plz do help
Anand
23 July 2017 at 23:11
If my dad recives gift from his uncle in cash, can he gift me the same amount instantly, say in a same financial year
Bittu
23 July 2017 at 13:45
Hi,
i would like to know about the meaning of "Unclaimed Summon". i am divorcee and after my divorce my wife filed for maintenance 125 to Family court. and Family court ordered that no need to pay maintenance because she had 2 master degrees and able to earn money, and there is no reason to left my house. Also i got divorce on same reason that there is no reason to left my house.
Now i am not staying in my native place and nobody was there. For job, i am staying in other state. But i heard that she had again filed another case to Civil court and the summon had returned back as "unclaimed" and judgement had given as ex-party. i have to pay maintenance now.
please suggest me:
1. at this situation, what i can do against this judgement?
2. where to file?
please guide me
Regards, Bittu.
lekhraj
22 July 2017 at 19:07
Sir my wife behaviour like unsound mind person then how I am prove to it. What doctor give any certificates for it. So that I prove it. She can't understand and get angry and doing abusing very bad for my mom and sister. I am living separately from my mom dad from 5 years.
PRAKASHCHANDRA MARU
22 July 2017 at 16:49
hello all learned,
lady earnings in government department as professor in medical department but she is not permanent. her husband is also as professor in medical department and do part time job in another clinic as doctor.
whether she is entitled to get maintainance as she is not permanent
job
regards,
Mawiya
22 July 2017 at 00:49
I gave written consent of withdrawing a case498A against husb &...inlaws ,as compromise at police station within a week on the basis of agreement by both parties to settle matter at Qazi.As per agreement received amount & exchanged articles and got it written respectively on affidavitSince i opted khula now waiting for husband's consent (needed signatures & embassy attestation in saudi for authenticity).Now is it ok with this ie.,obtaining divorce(khula) through Qazi .or Do we need to end this at court?Actually iam approaching higher officials since SHO denied his responsibility ,my husband in saudi wantedly delaying to sign papers.I did not receive court notice of case closure.
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Decision reserved for more than 9 months
Dear Sir,
I have filed divorce case in district court, under section 13 in November 2015 and then my wife filed Interim maintenance application under sec 24 in May 2016. My wife intention is to delay case as long as possible. Arguments on sec 24 held in November 2016 (both parties submitted proof documents) and we were expecting maintenance order in December 2016. But decision has been reserved and adjourned by court seven times citing reason as “Arg. not advanced” so that next date is in August 2017. Each time my advocate appears in court on date and he has been told to come after 2 PM (mostly order comes after 2 PM) but get another date instead of order. When I questioned my advocate why court is citing wrong reason that “Arg. not advanced”, whereas in actual arguments happened in Nov’2016, then my advocate answered that it is normal practice that judge don’t take ownership of the delay in decision at their end. If we argue with judge she may give unfavorable decision in sec 24 and also sec 13. Also it could be harmful in other cases of the advocate. Also judge can ask to repeat arguments citing reason that some shortcoming in previous one held in Nov’16. Also my advocate told that my wife will get maintenance from date of filing application i.e. May 2016 (therefore no monetary loss for her) and she is able to achieve her objective of delaying the case. My quarries are:
(i) Is it really normal for courts to cite reason “Arg. Not advanced” instead of “Decision reserved”, so as to put liability on advocates instead of themselves. Aren’t they suppose to explain why Arguments not advancing if it is so.
(ii) I believe with passage of time (9 months) judge may be forgetting details of Arguments, then what could be the reason she is delaying the matter. Is judge has liberty to do so, when Supreme Court has given guideline to complete interim maintenance case in 6 months (here 15 months) and judge can’t reserve decision for more than 50 days (here 9 months, out of 15 months).
(iii) Without involving my advocate, can I escalate the matter to judge or somewhere above district court? If yes, how can I prove that arguments completed 9 months back? Can someone question judge if Arguments not advancing, then why it is not advancing. If any advocate is not coming then court should do ex-party decision against him.
Please help what should be my best course of action.