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Anonymous   30 October 2019 at 21:15

Maintenance amount related

Sir/Madam I am paying rs 8000 per month(i.e.5000+3000) by the order of court since July 2017 to my wife and 4years Male child for the petition filed by my wife under sec 24 in my jurisdiction. A divorce case in also running in the same court since June 2016 filed by me in my jurisdiction. Now my wife filed a case in her jurisdiction in Aug 2018 and asked maintenance under sec 125 and a order has been passed by the court and I have been ordered to pay Rs 5000(i.e.3000+2000) to wife and child as add interim maintenance . My question no .1. is that should I start paying Rs 13000(i.e.8000+5000) to wife and child or should I go to high court against the judgement given by the court. No 2. for how many days I will have to pay add interim maintenance and when final maintenance be given.? No3. Will I have to pay total Rs 13000 per month in two different districts to the same person. No4 when order to pay rs 5000 as add interim be given then why the case has not been disposed of at that court and it is still open now which kind of decision is left in this case? Kindly reply at the earliest.

jayakumar.j   30 October 2019 at 10:48

Second wife children entitlemenst

One of my client married second time without divorcing the first wife.First wife also married another man and living separarely.Now, the second wife's children seeking full rihgt. But the Tahsildar refuses to issue community certificate to prosecute higher studies.How to get community certificate,as the first wife objecting to it.

Anonymous   28 October 2019 at 09:58

How long does an ex parte divorce take in india

My wife has left from me 4 yrs. back without knowing me and after that there is no response from them in any aspects we tried. I was unable to find them. Then after I decided legally and applied for divorce about 2 yrs. back and lawyer has served around 6 notices for their last known address, but no response has been received from them. Initially they took 1 notice and opened which is clearly visible with envelop cover but returned as mentioned person not available in current address and for further notices no response received yet.
Now what is the next step to follow to finalize this case. More how much time does it take to get ex- parte divorce in this case. Is there any way to speed up my case and get closed? Do we face any issues with ex-parte divorce in future?

Naren   28 October 2019 at 08:11

Reg proclamation

My wife filed a case against me under section 498a in the year of 2012. i was arrested and got bail.
Address and my name mentioned wrongly in the FIR.
So i didn't receive any summon.
Meanwhile i applied for divorce and got the exparte decree as i didnt know her whereabouts.
She knows where i am. She visited me and stayed with me few times after she filed
the case. She would not allow me to visit her.
Now my wife came to know about my divorce and started demanding me for money .
She said she didnt withdraw the case.If i dont give money as per her demand, then she will put me in jail.
So i started searching ecourt website if there is any pending case against me.
I found nothing against me.
When i searched using her name i found a case details. My name and address everything is wrong.
The case status is proclamation.
Now i have got a marriage proposal from lady living in other country.
I am planning to go abroad.
please guide me what should i do at this point in time..
We have been married for 17 years. We didnt even live together for a year.
She was not interested in living together with me. She was not ready to give divorce all these years.
She spoiled my life . After so much struggle i got a divorce.
Now i am afraid of this case ant remaining life will also be destroyed.
I faced a lot of trouble because of her again i got into trouble. My marriage and this lady spoiled all.
Please advice me.

Anonymous   18 October 2019 at 22:32

Want more examine of witness of new facts

In a divorce case, a respondent has cross-examined of witness of the petitioner. After cross-examination taken by respondent, he mentioned to court that the cross-examination of the witness is over and the court typed that cross-examination of the witness is over. Now, the respondent wants more examine the witness (of the petitioner) about new facts.
Question: Can respondent more examine the witness (of the petitioner) about new facts though he mentioned to the court that the cross-examination of the witness is over? If yes then, How?

Banshilal Das   18 October 2019 at 22:25

Maintenance is going to be awarded to a characterless wife

Dear Experts,
I had sacrificed my well settled carrier only to revenge from my characterless wife and his boy friend who beaten with a lame excuse. He is a politically influenced person of ruling Party here in West Bengal . I have failed to collect a single witness for his unlawful action. I had left my rented house in march, 2017 and the greedy lady filed 498a, 406,34B and DV .I have concealed my employment and declared as jobless in the court last week. Last 3 years she only allowed her boy friend in her room though we lived under the same roof. I beard with all for the sake of my son who is right 12 years old. I have no movable/immovable property to be attached. Me only son of parents. Mother expired 2 years ago and father at 81 yrs old waiting for his turn and lives on a caretaker at my native place from 200 km away from here in Kolkata.
Deliberately I have not registered my father’s property in my name .I am paying 5 Nos. of LIC policies of my own and 3Nos for my son (who is with my wife).
Plz share some tips or way out......

1) Should I surrender all the LIC policies of my name or Make the FDs premature? So that court can’t attach it. Right now I am 48 nothing to achieve out life. Amicable solution is not possible as she already refused it. In DV she claimed Rs.20.00 Lac compensation of being emotionally tortured.
2) Is there any option so that I can hide my income (Salary) details from my characterless wife. for whom a maintenance is going to be awarded in the next date. Now I am an employee of a Private company with handsome salary. I have no idea how RTI Act works in this matter.Is there any chance to get information by her from PF Dept about my new employment?
3) Is 91Crpc works to get information from the IT Dept tagging my PAN and collect the statement for last 1 year?

Ankitha   18 October 2019 at 09:51

Speedy disposal of divorce case when the case is on trail

I filed a contested divorce petition in Rangareddy district court, Telangana in November 2016 under Christian marriage act. It's almost 3 years still my case is going on in the regional court. My husband is not willing to give divorce. I don't want to live with him. We have 8 years girl. I filed maintenance and getting it from my husband. And also I filed 498A the case is going on. Now my divorce case stage is on Trail. Cross examination was done for me by my husband advocate. Now I want to know the process for speedy disposal of my case. I heard that there is 21B under Hindu marriage Act which we can file in high court. The high court directs the lower court to end up the proceedings in 6 months of time period. Please check the below url for the same. Please do the needful. Thanks in advance.

http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=56620

Venkat   17 October 2019 at 01:20

Can we file I.A and fresh O.P under same section?


I am thinking about submitting a memo to the court




Anonymous   16 October 2019 at 07:43

Prolonging the case

My wife physically assaulted me in the premises of women cell in 2016 April.

A criminal case is in progress against her. In June 2016 she filed RCR in a different court

In August 2016 she filed DV against my parents and my 81 year old grandmother at Magistrate court in another district. Her claim is that the property owned by my grandmother is her shared house. Highlighting the reason that the marriage was conducted in a church adjacent to the house of my grandparents for their convenience. I am born, studied and working in another district. In September 2016 she filed 498a in another district. The petition includes stories of stolen ornaments, damaged certificated, physical and mental torture etc.

In December 2016, I filed Divorce.

All the cases are going on.

In August 2019 I got Speedy trial order for DV. since wife went abroad when a part of her cross examination was over..

So, she came home for 4 days and just before the commencement of second part of cross examination, she deleted 3 major reliefs in DV in magistrate court.

Then she filed almost the same petition in family court in the same district. She went abroad again. I understand that this a step to prolong the case for several years. What can be done from my side for speedy disposal?

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   15 October 2019 at 19:37

498a,500,420,506 against me

Dear sir /madam, Kya notary marriage certificate is valid marriage certificate by court or not