mahesh
22 December 2015 at 12:38
me and my wife separated on 7/4/15. she filled dvc,125 crpc, 420, 307 ipc, etc. at the time of marriage we have given gold and silver items as per marriage talks those are worth of 15 lakhs. we gave a counter for her dvc stating all those as false allegations, in that we have asked her to return all the gold, silver and gifts. we have tax bills(we didn't take them at the time of buying, we didn't know its importance at the time of buying so, we have adjusted the date of purchase and brought them) and marriage photos as an evidence. is the evidence sufficient or any video proof is required(we don't have marriage video. i think it's with her). how to proceed if she won't give or allege that we didn't give or state that the items were kept by her parents only(show fake bills) ??
Pankaj Roy
22 December 2015 at 02:32
Can I legally marry my mother's paternal uncle's daughter? More specifically my mother's father's brother's daughter?
Anonymous
22 December 2015 at 02:29
Can I legally marry my mother's paternal uncle's daughter? More specifically my mother's father's brother's daughter?
MOHANGBOX
22 December 2015 at 01:55
I have one small doubt on property. My father’s self-earned property and he is passed away 5 years before. Thereafter four legal heirs for my father- myself, my mother and two married sisters. I have settled in terms of some amount to both sisters, property is registered with my name and entirely changed no portion left. Due to some situation this property is registered to my mother with legally in register office again. Now my question – 1) is this property divided into four portions with legally again when my mother alive, if yes, does not valid earlier signed same property document? 2) My two sisters can be claimed same property again at any point of time? 3) My mother has rights to give anyone of them before die without any issue 4) is it legally valid; she has to write to will with my name denied others knowledge? Please suggest me the above questions legally?
Atish
21 December 2015 at 19:52
Dear All,
As per Muslim Sharia law the Khullanam of the Maulana on his letter head was notarized, Besides that an entire Khullanam document stating all points on property and maintenance not to be asked for in future or any other case being filed was signed. This was on a Rs.100/- stamp paper and notarized with photo of ex wife and husband, signatures and thumb impression.(Family court order for petition filed by wife also went heavily against her stating adultery. and other severe points.) Khullanama was after that but notarized as mentioned above
Is this notarized Khullanama a valid document as far as to delete the ex wife's name from the Ration Card and Passport or other such documents.
The ration card office has said to get a court order.
Now how do I obtain a court order for the same as ex wife may now make excuses just to trouble.
Family court order was in Pune and Khullanama notarized was in Mumbai.
Request for a reply in detail.
Regards
Atish.
Amit
21 December 2015 at 17:13
Hi,
Brief facts of my case:
(1) My wife filed DVC on me and claimed residential rights in house owned by me
(2) Trial court rejected her demand and ordered me to pay rent instead as we never stayed in that house
(3) Sessions court reversed the trial court order and asked her to take possession of the house. She occupied whole house
(4) High court ordered to maintain status quo till disposal of the DVC case
(5) Upon our request, HC modified its order and asked her to vacate one portion of the house and give it to me while she stays in the other portion and also gave an option to her to stay outside and receive rental amount from me
(6) Now I am unemployed (pursuing further education) and without any source of income and I wish to sell the house as my expenses are coming to be huge from medical, education, livelihood and litigation.
My questions are:
(1) Should I file for application now in the trial court or in the HC?
If I file in the trial court, it may say that since HC has given her an option and she chose to stay in one portion, trial court has no power to reverse that order
If I file in HC for modifying the order again, it may say since circumstances have changed by my losing job, I should apply freshly to trial court.
Which is correct?
(2) Can the court ask me to take loans instead of selling the house? I have no income so how can I pay for the loan?
(3) Can the court ask me to sell the portion of the house occupied by me? It's an independent house and hard to partition based on portions.
(4) Any other suggestions welcome
This is not academic query but real life situation faced by me so please do not comment in that respect. If you can, please try to answer to the specific queries.
Thanks
Anonymous
21 December 2015 at 14:07
Dear Members,
I am booked in a false 498A case which was filed after 2 months of my RCR petition wen i was return to india from australia. For granting bail court asked me to sumbit the passport. So i did with in one week. The dowry case is at the stage of evidence of complainant and other witnesses before JMFC court. My RCR petition are pending before family court.
Now iam in very crucial situation if m not going bak to work in Australia i will loose my job and also i ll get black mark on my PR visa.
I requested in lower court for relaxation of bail condition and release my passport but the court rejected bcose of the investigation is still going on and chargesheet not yet filed.
My complete family is depend on my income and my parents also suffering from diabeties.
Bcose of my foolishness i came here and stuck on these false dowry case.
So pls help me out on this case, i dont wont to compromise wit her but i have to go bak to work (Australia ) and fight.
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Kindly advise me what shall i do to get my passport back and go abroad without any conditions.
Will i get my passport back?
If my inlaws will oppose , judge will consider?
filing charge sheet is must before getting passport released ?
Plz advice me its my life matter.
Please answer these questions
Adv. Yogen Kakade
21 December 2015 at 13:19
The Bombay High Court, while upholding a sessions court order directing a man to pay maintenance to his former wife, observed that there was no merit his contention that he was not liable to pay maintenance since the divorce was obtained on ground of desertion by the woman.
The man had approached the HC stating his wife had deserted him 11 years ago, leading him to file for divorce.
At the time of divorce, the court had directed the husband to pay a monthly maintenance of Rs 450 to his former wife. However, the two came to an agreement whereby the woman would accept a sum of Rs 65,000 as a one-time full and final settlement and relinquish all rights to claim any maintenance in future.
She, however, filed for maintenance before a judicial magistrate first class later but was denied any relief. She then appealed before a session court and was awarded a monthly compensation of Rs 1,000, which was challenged by the man in the HC.
The husband approached the HC saying the sessions court had erred in discarding their relinquishment deed.
Justice M S Sonak, however, said, “After decree of divorce is passed, there is no obligation to live with the husband, and though marital relations came to an end, the respondent (ex-wife) continues to be wife within the meaning of Section 125 of the Criminal Procedure Code.”
Citing a Supreme Court order, the HC said, “In the capacity as a divorced woman, she cannot be disentitled to claim maintenance from the person as once she was the wife. A woman if after her divorce becomes destitute, the man who was once her husband continues to be under statutory duty and obligation to provide maintenance to her.”
The court said there is no question of relinquishment of right to claim maintenance as such a clause cannot be enforced in a court of law, as the same would be opposed to public policy. “There is no merit in the contentions that since the divorce was obtained by the petitioner on the ground of desertion, ” stated the HC.
The court has directed the man to pay arrears of the maintenance to his former wife within three months.
Anonymous
20 December 2015 at 18:08
Dear Concern.
I married with a girl 5 year back even after knowing she is terminatly ill. We have one daughter and there is uncertainty in her life. I dont know when she will go on final stage. My daughter is still kid and we are facing lots of problem in our marriage life. She is agree on my second marriage. Is it possible in this specific condition.
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Marriage life
Respected lawyers,
My sister mamta was married last year. After marriage because of her mother-in-law including husband bad behaviour, she left sasural and now living at her mayaka. Now she is mother of one baby.
My sister don't want to go at her Sasural and don't want to make any relationship with them.
Plz suggest what we do. Maintenance, claim dowry etc ( sorry bad English)