KAJAL
17 March 2014 at 18:28
Hello sir/ madam,
I am wife who file case for sec -9 of HMACT.
in my case one oreder of interim maintaince is passed without hearing of my advocate as she is late on that date .
so when we get order we filed for review as ther is 2 mistake apperent from record .
1. is calcuation maistake like taken 15000/- income of husband insted of 28500/- of that year.
2. as i m douing ca so i get stipend of RS 4000/- as artical of firm.
so judge listen our argument on review of order . but insted of rectifiing mistakec she rejected saying that she can not change his own order .
also inn first order she consider my stipened ass my income and allowed 1000/- as interim maintainace .
in 2 oder she saying that as i m educated and not trying for job she not get any incerse maintainace and rejected my request.
but not given any reasons to her mistakes in 1 order of clacualtion mistake and also considering stipend as my income which is recived as scholership from firm .
so what i have to doo now..
1. is i have to file again in same court to get rectify her mistack.
2. or i have to file challange in high court.
3. what is proceder of challanging in high corut.
4. i do not have any advocate.
so pls help me out on that .
so i get get fair judgement to my interim maintainace order.
if in same court is possible i prefer that.
thank you .
i m attaching both order which she passed for your reference
MPK Mahendra Varma
17 March 2014 at 17:21
gud evening Experts .
1.Is there any LAW a hindu married daughter cannot claim her share in property of her deceased parents after 10 years of her marriage or 5 years of death of parents which ever happens earlier. is it True ? if so in which act it applies.
2.What are rights for a married daugher whose parents are deceased..
being a Law student i have a doubt can u plz clear it and tell me in which Act and where can i refer regarding this family property disputes Thank YOU All
Uday Kumar
17 March 2014 at 15:47
Dear Experts,
I knew lot more things about Succession certificate from this club, but i have one doubt , like for getting the succession certificate from District Court for operation of the Bank A/C attached Locker whose value is unknown at the time of filing petition, Then what court fee we should submit along with petition in view of the value of the Locker is not known which will be only disclosed during the trial when Local Commissioner will be appointed for assessing the value for getting the Succession certificate.
Hence what amount of court fee we should submit at the time of filing of petition
Regards
Uday Kumar
Advocate
PRACHI
17 March 2014 at 08:55
can any one guide me for drafting affidavit for change of name of minor.the same is required for Gazette notification. whether any additional requirements are there or it is same as usual.
RAGHVENDRA MOHAN
17 March 2014 at 05:43
Sir, My father has three sons and four daughters.After his death all his three sons has distributed the total landed property among them on a stamp paper of Rs.100/-.There were some other terms and conditions were also made in that agreement i.e. if any other property will be found (other than the distributed property),that will be distributed among all three. Some landed property were found but the youngest one has sold the same without the consent of other two brothers and not distributed the property nor distributed the amount he got after selling out the same .I want to know in this situation whether the agreement is still valid or not.As because the terms and conditions has not been followed .Please also let me know the validity of this agreement in law.Thanking you.Raghvendra Mohan
Anonymous
17 March 2014 at 00:58
Dear sir,i am from new delhi i have two members in my family me and my mother. i was married before 10 month ago according to Hindu rites and customs and out of the said wedlock no issue is born.that soon after the marriage my wife behaviour to me and my mother become cruel and she is in habbit to hurld abusive languages and after two months she left her parents home on 28/7/2013 without any rhyme or reason on the contrary my mother was very sick and lying on bed.she stay there for 3 months after three months she come back with my grand father and feeling guilty to face me then after three month her parents are come with 14 persons mother,father,brother,bua,some other cast persons etc etc then she packing her clothes jewellery or some make up.i called the pcr and go to police station for inform to police.police will give me one copy of 86b pesbandi.after 1month i give the legal notice to him for join my home she will not collect notice by registered post but she collect notice by ordinary post after 15 days i got a call from mahila thana Meerut they told me my wife filed a complaint against me and they want to meet me on 20/3/14 for counselling and treating me if i am not go there he will arrest me from my home.what can i do please help me.
sudarshan
16 March 2014 at 18:26
My sister, being a divorcee got married to a man whose divorce was proceeding in the family court but was not finalized at the time of this marriage. This fact was known to my sister at the time of marriage.But after a couple of months of aforesaid marriage, her husband deserted her and after a few month this man got decree of divorce from the court. We put pressure on that man to accept the second wife as legal but he denied and told that he had legally married to an another woman few months after his legal divorce.
Sir, my sister wants that she should be accepted as legal wife else she should be compensated.But Sir, referring to the a last year judgement of a magisterial court at Delhi which had rejected a woman's plea saying that she was not his legally wedded wife as on the date of alleged marriage, the woman knew that the respondent already had a living wife.She(Petitioner) challenged this judgement in a session court where the additional session judge said that the landmark judgement of Supreme court which broadened the scope for woman to claim maintenance is not applicable to a woman who already knew that the person is married and having a legal wife alive.Sec 125 CrPc is not applicable & woman is not entitled to any maintenance.The Court allowed the woman's petition to the extent of seeking maintenance on behalf of their child.
Sir, in our case also the first marriage of the person was continuing at the time of my sister's marriage to him & this fact was known to her.So we just solemnized the marriage without registering. In such circumstances can my sister be successful in getting the maintenance by the court?Sir Please, Advice.
Secondly Sir, IPC 496 is about bigamy. I think Sir, it could have been used by the first wife of this person before their divorce. But knowing the fact of marital status of that person at the time of my sister's marriage , can we sue him for Bigamy? or court will reject our plea by saying it is a consensus of both the parties to establish such relationship which did not come under legal preview.
Sir, these are certain opinion of different persons but your opinion is well respected, so please advice me.
Thank you Sir.
Rocky
16 March 2014 at 11:37
I just want to know i got married when I was 16 in 2005 then I got separated from my husband after 2 years . In 2008 I went overseas and i am still in overseas. Can I nullify my marriage because I was under age at that time and my parents did arrange marriage?
what are the options I have so that I can do marriage again legally?
Dr. Shekhar
16 March 2014 at 11:34
My wife who has deserted me is overseas and does not wants to come. In case I file the contested divorce case and she doesn't at all appears then generally in how many hearings the court decided the case as ex parte?
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Interim maintenance order
wife file a petition for maintenance against HUSBAND under Hindu act and in the same petition interim order has been passed Rs 1000 maintenance per month passed buT SHE is not satisfied with the order She wants to fight against the order where he can file any case and what is the procedure .
Thanks