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Raj   21 April 2017 at 21:45

Whether fresh divorce case needs to be filed on fresh cause of action?

My brother and his family members have been framed under false 498-A/406 Case. My brother filed the Divorce case in family court and pleaded all instances of cruelty, which was dismissed in the month of March 2017. SUBSEQUENTLY, he and his family members get acquitted under 498-A/406 charges as prosecution miserably failed to prove the charges
Against Divorce order of family court, he is filing anappeal before the High Court under F.A.O but in divorce case, he could not place the acquittal order before the family court
In that scenario, what should be advisable?
1 Whether he should file the fresh case before the family court on the basis of the acquittal order as fresh cause of action has taken place?
2 Or he should file the Appeal against the family court under FAO and simulatenously file the frsh Divorce case before the family Court on the basis of acquittal Order?

Dhananjay Bajirao Sapkal   21 April 2017 at 18:25

Regarding podgi

Sir ,
Pls. Guide me how the podgi is calculated.
I have payment of 42000/
The lower court pass the order of 6000 pm.
But while passing order it general explanation mention each person as my child and wife ,but while passing order it is mention only six thousand,so his lawyer take matter in session court..for correction.

As concen to case my wife left my house with his brother on simple quarrel, his fater is working in court and retired he is taking his benefits and harassed me yet before on simple issues yet before, now they are filed the divorce case first on mental & figical harassment, & crpc 125 for podgi,

I also filed the divorce case against him on grounds of. Cruality & desartion both cases in same court .

I was not done any wrong deeds with him & my child (son)having all proof with me.

His father wants 15 lack for one time settlement, as he knows he got 12000/_ in podgi.

Pls. Guide on same what i have to do.

swagata   21 April 2017 at 00:20

Legal guardianship certificate

Sir,I am a resident of westbengal,i lost my wife 2 years back,she was employed in a govt sponsored school,we had a baby boy,i again remarried this year,according to pension rule,after my remarriage my son is entitled to get family pension of my deceased wife,we have applied for the same,but office is asking for LEGAL GUARDIANSHIP CERTIFICATE from 1 st class magistrate ,in my favour,my son is in my custody,and there is no other person who claim his custody,in this case myself being the natural guardian is it necessary to obtain the certificate,does my natural guardianship ends with my remarriage,and if it is necessary how to obtain it.

Sandeep kumar   20 April 2017 at 09:08

Physically and mentally harrasment

Dear Sir / mam ; as my family is in bit of trouble regarding my brothers behaviour as he destroy everything In the house. We are of four members small family composite of two brothers ( both are not married) living with our parents. My fathers is govt. Employ. ; mother house wife ; brother ( physiotherapist ) and i'm architect / civil engineer. Seems like a well educated family .....except one member I.e my brother.

From last ; few years he misbehaving with us both my parents as well as me by destroying and breaking furnitures.
he is also use vulgure language with parents and me. Act totallly like drunken and mad person as he is not a alcoholic nor druggist.

The problem is we cannot understand what to do......as my parents already stopped me against lodging a complaint Becoz of social insult after complaint lodge. They are in a of trouble.

Please address me what to do ???



mukesh   19 April 2017 at 12:41

How to reduce maintainaince

In dv case maintaince 3k for wife and 2k for rent in lower court
In crpc case 4k for wife and e 2k for kid in family Court
How much amount have to pay I.e 5k or 6k
Ii is difficult to pay this amount and she ki s m.a b.ed
but I m paying in installments( because pending amount is around 1lac)

Can I appeal in higher Court. But order passed one year back

Plz. guide ne
Any appeal
Amount I have to pay in both maintainaince

Member (Account Deleted)   18 April 2017 at 23:02

Maintenance case

Hi respected Experts
Please guide in the following case....

A lady (X) filed maintenance case against a man (Y)alleging him as her husband and father of his son.
Where as, said man is a government employee, already married having a son and married daughter.
Y who filed a maintenance case filed xerox copies of BPL ration card obtained fradulently, xerox copy of 10th class mark sheet of her son, aadhar card of her son, wherein the name of employee (X)is also mentioned in the columns of father.
But no marriage took place between these (X) and (Y). So marriage was denied.
(X) contended that (Y) is servant-made, while entering the house she is pregnant,her character is very loose(Prostitute), previously she made a complaint on another person for rape allegation and grabbed money...all these facts the respondent mentioned in his counter...and produced an endorsement issued by the local births & deaths authority stating that no registration of birth is made in the names of said son or petitioner and respondent as parents.
Whereas the school authority who confirmed the genuineness of SSC certificate of said boy, wherein name of the father is mentioned (X) eventhough the respondent says that said lady misused his name and joined her son by stating his name as father, but he never signed in any school declaration as parent.
The respondent submitted that his wallet has been stolen once in a long time, he lost his PAN Card and other proofs, then said lady servant-made utilised the situation and corrected relevant necessary records started blackmailing him for which he never responded.
At this juncture how the case should be leaded ??
Shall this respondent ask for DNA test or burden of proof lies on the petitioner prove her case by way of DNA test to her son ??
If the respondent has to ask of DNA test on what grounds in which procedure and process he should file a petition before the Judicial First Class Magistrate where the case is conducting please be suggested to win the Maintenance case by the respondent for which act of kindness I shall be thankful to you all

Jasdeep singh   18 April 2017 at 20:19

About divorce

Hello sir im saperate from my wife from last 9 years and i dont know where is my wife and now im in canada and want to apply divorce can i get ex party dovorce if i couldnt find my wife and how long to get divorce do i need to get divorce if my last marriage was not registered

Anirban Dey   18 April 2017 at 17:38

Maintenance to my father

Hi Experts, a order has been passed against me to pay Rs. 3000/- per month & Rs. 60,000 as arrear. Please advise what comes under maintainence ? Can my father demand more money in the name of maintenance in future which is ordered by court ? I have no regular income & stay with my in-laws at present so it's hard for me to arrange that money as well for now, so what legal rights I have on this, Pls advise..

suman   18 April 2017 at 10:53

breach of promise

Respected sir,
I am suman , msc student.3 months earlier my parents selected a boy for me n our roka( engagement) has been performed. After that , we talked with each other, have private pics of each other, we hadnot have sex together. But now the boy and his family dont want to marry me .they said that your height is not perfect u r so slim etc etc. They all come at my engagement dt time they dont hv any problm and now they are refusing marriage.i m in greatly love wd the boy.kindly tell me what can I do to save my marriage ???

patel arvind i   18 April 2017 at 09:10

About alimony

As per Hindu marriage the monthly maintenance ceases if a woman get married.The maintenance will get stopped. Suppose a lumpsum alimony has been given after getting decree of divorce on mutual consent. If she marries after that can this lumpsum amount towards alimoney be taken back since the money has been given for her maintenance. After remarriage she does not require the maintenance.