Member (Account Deleted)
21 June 2017 at 19:36
Hi,
I got married in Jan 2015. In the months of Nov’15 my wife deserted me when she was 6 months pregnant without any valid reason. I tried to save my marriage through meetings with relatives but she was not ready to come back. After few days in the month of Dec’15 she sent me legal notice through her advocate. In her legal notice she asked me to give maintenance of Rs. 25,000/- per month. So I had given reply to her notice that she deserted me without any reason & I am ready to take her back. I had also mentioned in reply to the notice that she had taken away all her belongings i.e gold of Rs. 6 Lac and clothes also.
After few days (after receipt of reply to her notice) i.e. in the month of Dec’15 she had filed divorce petition in court u/s 13 1 (i) (ia) of HMA. Her main allegations are as following is Husband forced me to leave the Job because of his doubting nature. After filling divorce petition in court, in Dec;15 she delivered baby girl in the month of feb’16. In the month of April’16 she filed maintenance application u/s 24 & 26. Asking for Rs. 25,000/- pm maintenance for both (her & baby).
Immediately after receipt of divorce petition I had submitted my reply to the court in the month of March’16 & in the month of Jan’17 I had submitted reply to the interim maintenance application.
Till date I have not meet my baby girl & Naming ceremony is also done without informing me. She have not mentioned name of the baby in her interim maintenance application u/s 24 & 26. She have shown my monthly income is Rs. 50,000/- in her divorce petition.
She had done B. Com & tally, Typing & having total 6 yrs experience in accounts. She have worked for 2 companies in Mumbai. Before marriage she was working & also after marriage she worked for 6 months. But at presently she is not working because of baby.
My qualification is B.Com, & I have shown Net salary of Rs. 35,000/- & I Have shown loan deductions of Rs. 28,000/- (Home loan & Personal loan taken before marriage). I also have to give some money to my mother, dependent on me (staying in native place). Presently I am living alone in Pune & totally dependent on outside foods which is also not good for health.
Now my argument date is 6th july 2017. I will file application for visitation rights on same date.
Till date DV / 498 is not filed. In my Written Statement & reply filed to the court, I have clearly mentioned that I am ready to take her back. I have not filed RCR.
My questions are
1. What details should I asked to court about my baby e.g. birth certificate, Name etc.
2. Can she claim separate residence?
3. Should I give supporting’s like payslip, loan papers to court at the time of argument or with reply
4. Is loan deduction will be considered while calculating interim maintenance?
5. What are the strong arguments point in my case
6. Can they give name (surname & middle name) to my child of their choice (e.g. my wife surname etc.) before divorce or without my consent
Please advice
Thanks in advance
D kumar
21 June 2017 at 08:48
R/sir, I want to know about distribution of the house made by my father's among four brothers. And I also want to that I made a home on the same plot and my brothers include the house which made by me alone in the distribution. What to do I don't know please clarify the whole... And email me on dspremsagar@gmail.com
rama gopalkrishnan
20 June 2017 at 23:55
After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities. Please let us know how it is done and should we once again hire an advocate to handover the same to the court? Should we give a mutual consent statement of having divided the assets after paying off all the liabilities? Pl advise. Thanks, Rama Iyer
rama gopalkrishnan
20 June 2017 at 23:08
After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities.
Please let us know how it is done and should we once again hire an advocate to handover the same to the court?
Should we give a mutual consent statement of having divided the assets after paying off all the liabilities?
Pl advise.
Thanks,
Rama Iyer
rama gopalkrishnan
20 June 2017 at 23:03
After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities.
Please let us know how it is done and should we once again hire an advocate to handover the same to the court?
Should we give a mutual consent statement of having divided the assets after paying off all the liabilities?
Pl advise.
Thanks,
Rama Iyer
Kyrill@123
20 June 2017 at 18:49
Sir
Me , my mother and brother are having a house and a shop in which we all are partners. My mother age is around 70 year. My brother is a mean and selfish type of person. For many years he has be emotionally and mentally hurting us . He keeps all the income from the shop and if we say something he say that he will commit suicide. His wife and children are also with him.
Now my mother and I have decided to go to court for partition . Is there any way by which we get justice soon as we dont have enough money to survive long.
Anonymous
20 June 2017 at 12:57
Dear sir I am 46 yrs old and married woman my biological father was having two uncle.my grandfather was eldest one having one son.middle grandfather was not having any child. Youngest grandfather is having two sons.when I was six months old my mother died.at that time my middle grandfather who was not having any child decided to take care and brought up me by giving his name as father in all educational certificates.my biological father married with other girl and having two sons.now they want to divide ancestors property between them selves.they are not willing to give me the share of my adopted father.please advise how can I take my share legally from them.
Thanks
Ranjana
Kunal
20 June 2017 at 12:13
Crpc 125 case
1. Respondent earn approx 8.5k but judge wrote in his order that respondent admitted that he earn 10k but in reality respondent did not admitted 10k.
And judge orderd the 5000 add interim per month from date of application (arrears are of 19 months)
2. petitioner submitted over-ruled income affidavit. Respondent requested judge verbally as well as written application to order petitioner to bring kusum Sharma but judge did not listened respondent nor accepted the written application.
3. Petitioner submitted in her income affidavits (outdated one) that she does not earns money, whereas she was earning or not, respondent do not have any proof of her earnings at that time for that period. But now she is earning, respondent have the proof of past 1 year.
4. Now petitioner filled execution case and judge is not taking the review application. From respondent.
5. Petitioner submitted her replication(with affidavit) and submitted that she is a house wife, whereas in that date she is earning and respondent have that proofs on record..
NOW WHAT SHOULD RESPONDENT DO??
Aruna
20 June 2017 at 10:13
Hi have been married since 2 years and I have a 2 year old baby girl .i am a working women eating quite good that I can take care of my child .but since the time I have got married my husband doesn't work nor he is educated .he was dependent on me I used to give him money and take care of his and his family expenses but 1 year back I realized that I am doing a biggest mistake and decided to stay alone .its been more than a year my husband has never contacted my child nor me .its a big shame that how can a father not remember his 2 years kid.its is my first child.everytime he used to ask money I used to give him .i have spend hell lot f money on him sending him to dubai 3 times in search of a job but he dint find anything not he has struggled .now he I need to an advise how can I file a maintenance case against him which is his responsibility to take care of his baby .i have decided why should he stay a cool life without any responsiblity .tomorw he might get married also .please advise me how to make my case stronger .as I am thinking the Indian court will support me or not as I am earning and taking care of my child .i am scared they might say take care of your child as he is not working husband??? And moreover I am working staying abroad I need to finish this soon as I have only 1 month vacation .please advise
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Sex chatting and 498a
I married on 2014. It was an arranged marriage. Since marriage we got no chance to get compatible becuase of the home sickness of my wife. She preferred to live majorly with her parents in Chandigarh while I live in Mumbai on job. Since marriage my wife was extremely careless about relations and having very low s*xual libido. She is always reluctant in making physical relation of any type with me. I didn't force her for anything though I was extremely frustrated at her attitude. Recently in the year 2016, I got mentally attracted to a new joinee in my office who is a 26 years old girl from Pune. We involved in a nice friendship which eventually lead to some erotic s*x chatting afterwards (max 05 to 06 occassions). We didn't engage in any sort of physical relationship ever. It was restricted purely to internet/phone. Recently my wife has come across those chat sessions while visiting my place by hacking my GMail account illegally. Wife has taken the snapshots of those chats in her mobile and filed false 498A, DV, 406, DP34, 125 etc several false cases against me and my whole family members. She is constantly blackmailing me for 80 Lakhs of rupees for withdrawal of cases which I can't afford. I was very scared and already deleted those chats from my email account and advised the other girl also to do so. My question is that: (1) Can she produce those snapshots as any sort of evidence in court as she has accessed a communication between 2nd and 3rd party without permission??? I have heard it comes under serious breach of right to privacy. If so, will court consider it as valid evidence? (2) Can she place those chats as evidence as already they have been deleted from the mail accounts, even from trash. I have also confirmed from Google that chats/emails are NOT stored in their servers IF DELETED from trash. (3) Hacking someone's computer/device without his knowledge is a theft. Moresoever it is a cybercrime under IT act. Can I sue her as IT act if she produces those snapshots as evidence?? (4) Can I get convicted for mental cruelty under 498A only on the basis of those snapshots? I have no physical relation with the other girl. I have never ever neglected my responsibilities to my wife. Rather she never ever carried his marital responsibilities. No dowry was taken in the marriage and no demand was ever placed before wife/her family. (5) Is there any possibility that I may be convicted by completely false 498A/DV cases only on the ground of occassional s*x chatting even if it is proved?? Does s*x chat come under the purview of mental cruelty as defined under 498A??? Kindly give your expert answer pointwise.