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Ritesh   17 January 2022 at 16:14

125 crpc - maintanance case - income affidavit

Hello and Namaste to all the Lawyers, My query is simple, and its about maintenance case u/s 125 crpc; I have filed a maintenance case against my husband, I don’t have any source for survival, and he has ample income /funds through business and renting various properties and has 6-7 properties in his name. We have all the certified documents showing his income, like his income tax returns and lease documents and various documents showing his net worth. My query is that we filed the case in 2015 till now-interim maintenance has not been granted. During which the income affidavit guidelines have been changed three times, we have submitted all the three updated as per the higher courts suggested, but my husband submitted the 1st affidavit and the 3rd affidavit (as per supreme court guidelines). In the first affidavit, he has admitted some facts and his income as 50,000 per month but in 3rd affidavit, he is admitting his income as 5000 per month. All affidavits were submitted in the same court. After my 1st affidavit, he has hidden some assets for which I have filed an application in u/s 340 and disclosed the hidden properties. we have all documentary proof showing that his income is more than 2 lacs per month. Can the judge still be considering what my husband says in his 3rd affidavit or what he said in his 1st affidavit? Or as per the documents in front of the judge. My husband is still denying all the things what's the solution for that. Thanks

Read more at: https://www.lawyersclubindia.com/forum/maintenance-case-125-crpc-affidavit-and-documents-query-urgent-222251.asp

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mabusubhani   17 January 2022 at 12:05

About property rights

Respected Sir
Property belongs to my father self acquired property.He died with out any distribution of property according to my knowledge.i asks my mother to stay in the house she refuses, i doubt that she can crate any fake documents. still current bill 2 meters one is on my father name and second one on my name continue still and property tax on my father name.please give good suggestion to avoid that type of fake documents

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mabusubhani   17 January 2022 at 11:58

House partition

Respected Sir, According to Muslim family law house can divide by physical way for four shares to live in that house individually.Mother is alive, she is not cooperate with me (Son) then can i approach court to divide the house as for law of muslim

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Venkat   16 January 2022 at 06:02

Appealing in high court

Dear experts,

My child custody matter in family court at Telangana is coming to an end in 2-4 weeks (final arguments are pending). The mother has moved to Karnataka along with the child last year.

If family court's decision is to be appealed, I would like to appeal it in Karnataka HC because I also moved to Karnataka.

Should I first file the appeal in Telangana HC and then get it transferred to Karnataka HC by approaching SC or is there a way to directly appeal in Karnataka HC?

I would appreciate if you can answer.

Thanks,
Venkat

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Vikas Chopade   13 January 2022 at 12:50

Custom divorce prove in court

Can any one explain how to prove custom divorce Sec 29 (2) Hindu Marriage Act 1955 in court ?
Which documents required for custom divorce prove in court ?
Can give me case laws related custom divorce prove in court ?

Regard

Vikas

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Anonymous   11 January 2022 at 14:55

Customary divorce /divorce deed

Hallo,

Dear Sir/ Maám

I had taken divorce from Bhor Leva Panchyat , Padarsa, Taluka Yaval, District Jalgaon (Maharashtra) in 2010. It is Rs. 100 on Stamp paper and settlement amount Rs. 7,00,000 by DD . One child I have who custody with her. It is duly singed by myself , wife and other Panch. In this agreement she say that she has no right in my property and my child too. she has give up all right in my property. She permits to give second marriage to myself and herself also. I suited file in Pune court for obtaining divorce in 2008. My wife also suited file for maintenance in 2009 . All these cases has been withdrawal from myself and herself also after settlement of divorce deed.

I did second marriage in 2011 and it is solemnized. I have one son from second marriage.
in 2022

In Jan'22 I got a notice from her obtaining divorce from Court and informed that you second marriage is invalid and son also . Further to say that please be ready consequences of second marriage . I got advocate notice after 11 years. My earlier wife is not yet married. and my earlier son matured at age of 18 years now.

I would like to know that whether Panchyat divorce is valid ? . Bhor Leva Panchayat is register and getting divorce from 1850 . In our Lava Patil community , Jalgaon . Almost all divorces at Bhor Leva Panchayat.

If custom divorce is not valid then whether I have to pay further maintenance for first wife and child. ?
whether police will arrest me due to second marriage without court diverse.

Please guide me . what should I do ?

Regards,

Chopade Vikas


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karthik sivaraj   09 January 2022 at 15:06

Wife not interested to live me but she claimed maintenance

Dear Sir/Madam,

Hi, I got married in March 2018. I am working in abroad (at the time of marriage also), she is from Bangalore. After 30 days of marriage i returned back to job in abroad, every thing was fine but suddenly she stopped communicating to me after 2-3 months without any reason, (she was conceived at the time). Then i tried to call her, arranged visit visa everything but she denied to come with me and she started going job.. After baby (boy) born, their family not allowed me to see my kid (until now it continuous).. I keep on supporting financially whenever i receive salary (since covid starts i lost job for six months tried and get job later), I tried a lot 3 years to make her understand but she told her job is only important and she is not interested to live me., Then i keep quite sometime and also due to jobless situation again i could not able to support her (from jan 2021), I am still in abroad due to work visa expiry i cant come to india, she used this situation and moved to the court under sect 125 (b)., now 7 hearing completed from my side i dint do anything, recent hearing status shows "petitioners evidence"...

I request to kindly advice me what i can do now., even now am in abroad looking for a job. 

And she never live me, never talk to me, never show my kid to me (now he is 3 years)., how to defend this this.

(I have proof for whatever i sent money through online to her until dec 2020)..


Regards
Karthik

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Sachin Srivastava   08 January 2022 at 15:00

Rcr and hma24

Wife has filed RCR and in my reply I have written that I am ready to stay with her. It's been 3 years to this RCR case. In court she openly says she doesn't wants to stay with me
She has filed HMA 24 and in my reply I have written that that she has no reason to stay seperated.
Wife is saying that she will RCR and file Divorce.
If she withdraws RCR then will HMA 24 will also be withdrawn or maintenance will be ordered?
Next date is arguments for interim maintenance filed by wife and child visitation filed by me.
It's been 3 years to the case and only mediation was done yet which failed as she is asking huge alimony.
She didn't allowed me even to do video call to my son. I have paid her some money in between thinking that she will come back but she only needs money

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Anonymous   06 January 2022 at 20:14

Child maintenance

Hi, I am currently 17 years and my sister of 13 years, and my father thought earning above 60 lakhs+ / anum. Is is not playing for my daily expenses like tuition fees, extracurricular fees, etc(which is must for a person who earns that much). I am currently staying with my mom and my days had filed a divorce case against her. Can my mom file a child maintenance case. If yes howmuch will it cost and how long will it take?

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Veeru N   05 January 2022 at 19:35

Rights on wife gold ornaments after her death

Hi Sir,

recently my wife got expired on may 11th 2020 due to covid, almost 8 years completed, now their parents asking me gold ornaments of my wife, I have no children, now they made complaint on me but my wife made some loan without asking me, and I am paying that loans of interest it's around 5 lakhs, I told my father in law regarding this but they are not listening, now I am thinking to file a complaint against father in law for harrassing me for gold ornaments

I need your valuable suggestions
According to hindu streedhan



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