minsal
26 November 2013 at 14:56
Dear Experts,
in one of my family court matter, a wfe has filed a petition for divorce and maintenance wherein the Hon'ble court passed an order for interim maintenance from the date of the petition. my client is paying the monthly installment of maintenance regularly but due to some financial problems he was unable to pay the installment of the arrears amount. the petitioner wife filed an application against the respondent and prayed to close the defence of the respondent stating that the respondent is not paying the maintenance. we have filed the reply and produced all the receipt of the payments. the Hon'ble court considered our defence and rejected the application of wife with direction to pay a fine of Rs. 1000/- to the Respondent.
The wife did not paid the said fine amount to the husband and file one more application for issue the distress warrant against the respondent for recovery of arrears wherein she falsely alleged that "the Hon'ble Court issued a notice and warrant against the Respondent but Respondent has failed and neglected to pa the arrears of maintenance."
Dear expert I am preparing a reply to the said application but I need your guidance that what should I do to stop this nuisance? pl. help me.
thanks in advance.
advocate mukunda
26 November 2013 at 13:51
dear Sir,
frnd file a case on wife on conjugal rights in last year,
the case in crossing stage,now the girl filed a case under dowry,
in the mediation & counsling she not told anything about dowry & same thing she as given in writeing ,she is not intrested in going to husband house.but after two year she as file a complaint u/s 498,
if the husband win the case in conjugal right,
how to do
1,can husaband seek divorse on flase complint file u/s 498.
2.should husband give maintance for wife ,even thow she as file 498.
3.what will be the impact on the judgement given by family court on conjugal right
thanks
Advt MK
neetu
26 November 2013 at 13:50
Dear Sir,
We have 6 years of love cum arrange marriage. I decided to move out of the when I came to know about my Husband’s affair. I just have the copy of messages in the Inbox. We are having 5 years old daughter also, she is staying with my MIL separately.
My husband use to torture me physically & mentally but I do not have any proof as of now. He also indirectly demanded money from my parents also. Also he was not earning since more than a year. Also there was no intimacy between my husband and me since last more than 1 year.
We discussed several times across the table but was of no success. Now my husband, BIL & MIL are demanding the gold back from me which they gifted me after marriage.
I am staying separately from my husband since last 4 months & my husband alongwith his clothes has shifted back to hometown after I moved out of our rental home here in Delhi. Also as I am paying the rent of the vacant home but now I have decided to continue my studies and therefore it would be impossible for me to pay the rent. I have decided to sell all the materials at our rental house; is there any possibility that my husband can claim that amount, as that material was purchased after our marriage?
I want to finish all the relations with my husband as I have fear that in future, he would come again to me and would definitely keep some demand.
Also would like to mention that during the discussions he suggested to settle back to his hometown, for which I did not agreed; as there is no source of income at back home.
Also my husband is suffering from Kidney stone problem, due to which he says he cannot work. My question here is can there be any possibility that he demands alimony from me???I m too having Polio(10%) in my half body but is managing to work.
Please guide as my husband is not agreeing for divorce. Should I proceed for the Notice to Husband? Also if I proceed please guide me if I proceed then how much time and money will be used for divorce.
Parthiv Pathak
26 November 2013 at 13:14
Respected Sirs, I have got very accurate answer from this Forum and indeed you all are doing a very commendable job. As I do not have any specialization in Family Law, request any of you to advise on below issue which pertains to one of my friend which stays at Virar. His wife is no more and family has forcefully kept the costody of his child and they say that they will return only when the child turns at 18. My dear friend wants custody of his child soon. Please advise. A detailed note is as below for better clarification. On advise my friend will meet any of you in person for better clarification but for the time being he needs a formal advise from me. So that is letter is put up here. Please advise after going through. I will be very obliged. Thank you once again.
__________________________________________
I got married in 14th
life through out the life time but the in-laws people every time disturbs my wife (Preetha) calling them
to their place (mostly one of her sister named Prameela who is mostly spoiling every body’s life along
with one brother named Praveen and her elder sisters daughter Swati). Most of the time she was at
their place and even after my marriage I lived like a bachelor. My wife was very much fond of family
living
And the above people doesn’t allow her and she is also afraid of them. I have warned the above people
but all invain. Whatever the above people does and finally they blame to my wife only. I tried to
convince to her to let me know the problem what you are facing but she refused to say and told will say
later.
One of the brother of my wife named Pramod who is at America has helped her for studying Fashion
Designing at Singapore and claiming that they have spend 18 Lacs to her study and she spoiled the
money. This is the story before I getting marry to her. I repeatedly asked her problems and she told
that the money was misused by her sister Prameela & brother Praveen and blames it on her. The said
person Pramod is also playing a role in the above game as he is not having a Kid and he wants the Kid.
One day her brother Praveen along with her mother, sister Prameela & her son Rahul, Swati and one
of the cousin Lal went to her brothers place at Nagpur and the death has happened over there on 13th
August 2011 saying that she was dies due to silent attach. They have shown / provided me the Post
mortem report and death certificate till date. I repeatedly asked her brother Praveen regarding the
same but he escapes giving some excuses. As per Praveen wife (who is a good contact with me and
knows my problems and informs me if anything wrong happens) the certificate has received by them
and not providing to you. She is recently married Praveen and not happy with the family’s atmosphere
or characters.
Now the problem is I am having a 4 year old daughter and want to take custody of her from them and
the same was informed them to many times but they are refusing by saying that till 18 Yrs we will not
give you and she is a girl. Frankly speaking I am not happy with the way they are treating my daughter.
She never gets the foods regular intervals. They provide the lunch at between 2.30 – 4.30 pm only. If
she doesn’t eat they push it into her mouth with uttering loud voice and all. They even don’t have a
family culture at all. All wakes up between 9 - 10 AM only. My daughter’s health is very weak. She
is also having some minor asthma problem, cough and cold. They are also not giving proper bath
every day to my child which leads kujali at her body. These people are not looking after the child in
appropriate manner and they talks rudely and loudly with my child and in turn she afraid of all these
people and obey what they says due to fear in her mind.
They are not bringing my child to my home and not sending along with me to my home or my family
members house with some reason that she is not well or it is very hot do not take her out etc. They take
her at their houses at any time most preferably at noon only even if she is not well also. My daughter
always comes with me but now these people set her mind with fearful. Do not go to fathers home
as there are lions and tigers which will eat you. While asking my daughter she told that Prameela has
trained her to say that way. She is very fond of with me and every weekend I meets her she stays with
me till I leave that place and waiting for the next weekend as she is getting much love and affection from
November 2008 and it was an arranged one. We were enjoying a happy married
me.
They have taken admission in the school at Kalyan where they currently stay. But they are not
sending her regularly to school as the school is very far away from their home. They have taken the
admission without informing me and informed the school management by spreading with some
miscommunication about me like I am not good and not having the financial capacity etc. They have
also not provided the school details to me. They are also teaching her to say lies. Every day I calls her
in the morning, afternoon & night. They will pick the call only after number of trials to handover the
phone to my child. If I call in the morning they say she is at school but she may be sitting next to them.
If I call in the afternoon, they insist the child to say I just came from school call later like that. All these
facts are informing me by Praveen’s wife as my child may be sitting with here during my call comes. My
daughter is interested to go to school. If I ask her why not gone to school, she says mummy (Pramila)
told not to go to school. They are spoiling my child and wasted her one year school.
These people only want money and keep my child as a tool. They collect money from wherever they
gets by saying my child name for school fees, for medicines and other expenses etc. Some of their
family members are favouring me and they informed the above people to handover the child to me.
I am totally disappointed and not in a position to what to do. You are requested to suggest how can
I go ahead to get the custody of my child. I am trying to avoid a quarrel and do not want to spoil my
daughter’s future.
• Is there any option without approaching the court to get the custody of my child as I am the
father of the child?
• Can I go for a police complaint saying that they are keeping my child jabardasti in their custody?
• If I go for a court case how long it will take approximately?
• I am planning to settle down at native place (Kerala) along with my family members who
will take care of my child as their own child than these people. Can I take my child without
informing them to native place as I am not hijacking the child as she is my daughter? If I take
such steps, can file a court case at there?
• All my family members, relatives & friends circle are asking how they can keep your child after
the death of your wife you are right person to keep her and they do not have any rights to keep
the child.
Also note that I am not financially down and have sufficient capacity to look after my child. They have
tried to let down me financially but I have survived from all such things.
In view of above you are requested to give me the guidelines to enable me to take custody of my child.
Awaiting your immediate feedback on the above matter as I want to save my child’s future from these
people.
Hope I have mentioned the matter clearly. If anything is missed out will inform later.
_________________________________________
With regards
Parthiv Pathak
RAMJI
25 November 2013 at 21:42
Dear experts
In a maintenance case filed by wife, cross exam is going on... last time husb showed copy of proof of employment of wife( letter from concerned employer) but wife denied it and said unemployed....
with this background, Kindly clarify the following:
1. Can husb file SUBPOENA to call the employer thro court as witness to court and prove employment of wife?
2. Basically what is subpoena? and in which sec of Act /manual it is defined ?
3. Is there any standard format available for applying subpoena? if so pls tell reference and if any procedure pls
any other views pls
regards
ramji
Mirza Ali
25 November 2013 at 14:54
Dear Sir,
My name is Mirza Ali I have some issues with my father’s property who has passed away about 25 Years before now the property which is house in Nanded Maharashtra (MH) Including myself we are four brothers & two sisters now we have decided to sell that property but myself is not available in India and we do have some disagreements between family but that is personal due this I want to ask the following questions.
Property registration is on my mother name but we four brothers (including myself) have made the PR card in the year 2000 and added our names in PR Card.
I just want to know the following answers
1. Is it possible my mother can sell this property without my signature or presence on the occasion of re-registration/selling of property?
2. What are the rights of my mother in this process?
3. If incase she sold this without my agreement than what are the legal steps I have to take and on whom?
4. Example if the property sold for 60 lacks how we can distribute among brother & sisters (Percentage/amount) as per the law?
5. Does my mother hold any share in sold amount?
Kindly guide me to keep myself ready for necessary action.
Thanks & regards,
Mirza Ali
SUSHMA YADAV
25 November 2013 at 11:45
I AM COUSIN OF THE VICTIM PARTY. AND SHE WANTS DIVORCE ROM HER HUSBAND. ONLY 2 MONTHS OF MARRIAGE HAS BEE PASSED AND HER HUSBAND BEATS HER. HIS PARENTS AND HE HIMSELF USE ABUSIVE LANGUAGE AND TORTURE HER IN DIFFERENT MANNERS. THEY MENTALLY HARASS. AND NOW SHE HAS BEEN THROWN OUT OF THE HOUSE BY HER HUSBAND SAYING THAT SHE IS GIRL OF LOOSE CHARACTER. HE USED TO DRINK AND HAVE ILLEGITIMATE RELATIONS WITH OTHER WOMEN. AND NOW BLAMING HER . MY SISTER IS NOW AT OUR HOME.AND SHE WANT DIVORCE FROM HIM. ONE ADVOCATE WE CONSULTED SAID THAT SHE CAN FILE CASE FOR DIVORCE.
PLEASE SUGGEST IF SHE CAN FILE CASE FOR DIVORCE THEN HOW?
AND HER PARENTS HAS GIVEN SOME DOWRY AT THE TIME OF MARRIAGE LIKE COSTLY HOUSEHOLD THINGS, JEWELLERY, AND CASH TO THEM. (ALL UPTO 5 LAKH AND MORE)
CAN WE GET EVERYTHING BACK IN CASE OF DIVORCE???
Narendra
25 November 2013 at 11:28
Dear Sir,
I bought the house in the year 2006 for around Rs 16 lac where a down payment of around 10 lac was made and rest was through bank loan (Approx 6 lac). The house was bought by money given to be my father and rest is being paid as EMI by me as I am the sole earning member. I included my wife's name while doing property registration solely becuase she is my wife although she did not contribute anything towards it. Right now because of job changes my salary has lowered and I am unable to pay EMI and hence the loan amount is increasing steadily. I am afraid that I have lost the will to pay EMI as my salary is just enough to run household. What I want to do there fore is to to sell the 2BHK house that I own and buy a new 1 bhk house and pay off the loan amount from money saved and thus live loan free life.
But now the problem is that my wife is not supporting me in this decission and since the house is jointly owned she is not ready to give her signature so that I can sell the house. In this situation what is happening is that my loan amount is increasing and my EMI portion is also increasing. I foresee this house going in auction some day and we will incur lots of loss just because my wife is unwilling to allow me to sell it.
Please I need guidance and courts intervention to resolve this issue as soon as possible otherwise my house will go for auction in near future as I m very confident that I can not and am unwilling to pay the loan at such small salary.
Please guide us what course of action to take and how courts can help us resolve this issue asap. Please understand that my wife's name was included solely on emotional background and she has no role to play in money matters on this property.
Thanks
Joshi
25 November 2013 at 03:03
I have been married from last 11 years. My wife use to fight regularly with me. We had two daughters and she actually not care our kids the way a mother should do so I used to be responsible for all my kids need, schooling etc. In most of the fight she always told me to give the divorce and I stop her saying think about kids future but she ignore and asking about her own future that is supposedly being ruined by me after being marriage and when I said you go ask your parents to get the divorce and I will sign it then she used to say that my parents are not in this favor. And when I raised this concern to her parents then they actually scolding me that I am actually torturing her. On the opposite side in public, my wife told to everyone that I don't want to live with her and I want divorce which is totally untrue.
We got married on December, 2002 and till November, 2012 I had my job and we all were together living in different places where I was posted.
Finally harassed by her all the time, on last December, 2012 I had planned to settle down my business in my native place Jodhpur where myself and my wife originally belong so that at least our family can settled down the issue whenever required. I only had my mother to whom she always scolded her to extreme case that as a person should not do to an old woman. We are living in my mother house only and even for sake of my peace, my mother is not living with us but to live in my married sister's house. But still my wife use to create all fighting drama and even more aggressively by hitting me scolded me at lowest level and spitting at my faces and many time thrown me out of the house in the night. And again next day she used to ask family members or neighborhood to get her husband in the house and she really feel sorry for all she did but again when I returns back she used to be good during sex hours and after that she just start the drama saying I am not feeling happy here, I want to go and give me divorce. She used to tell lie to other to display herself as a women with pain but inside house she has no worries. Even she cut her own hairs and blame it me due to which her father beaten me.
The way she is behaving, sometime I thought may be something wrong in her mind but she only behaves so rudely to me and my mother otherwise she is okay. In our 10 years of marriage she didn't doubt for me to have affair with other women but as we moved to our native place she just started doubt on me and scolded me without any reason. I was wondering on this and asking her if somebody feeds you but she denied it. Even thing went so worst that she and her father ruin my reputation and business setup due to which all of sudden I became workless and she has no worry about it but she is saying I want you to be on the road and that is what she want. I tried a lot clear all the doubt whatever she do without reason and ask her to save our marriage and save kids future but she ignore it. She used to fight with me in the night and many times I left the house in mid night and again she felt sorry for it and repeat the same thing. Finally I went out in search of jobs and used to come in month to visit but she even not let me stay for one day. I send her monthly Rs. 5000 other than kid’s school fees, transportation and tuition. But she used to tell to others that I got settled with another wife and kid and I am not sending money to her etc. which is totally untrue. I always feel sorry for the kids because she is not sending them to school. Two months back when I was in Delhi in search of job she reveals about her past that before marriage she had relation with a guy that she madly love with him and she used to call him even now for many hours. even now I am not there but in a job outside my native place so she used to go outside for 2-3 hours and keeping the kids in the locked house during that time so I am guessing that she used to be with her lover during that time otherwise she always take kids when she go to her parents house. Her parents even fed up of her and don't want her to come to their house but when I complain them then they only make me faulty and favoring his daughter. Even now she disconnects my phone and not allows talking to my daughters.
I am really worried about my daughters because she really don't care for her and using them to keep with her for money and property. She didn't allow me to take them with me. I find myself helpless because she and her father already threat me to put lots of false cases against me if I am going to do anything.
Please advice how should I proceed further in that case because now what I really want to take my daughters and build their good future. So far I didn't file any divorce case because I know if I will do then I will be catch in lot of other false cases from her and will not able to take my daughters from her.
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Partition of property
sir,
Mrs.A has four sons and two daughters. one son was died. now she wants to transfer the property without consideration in the names of her daughters through settlement deed. the properties acquired by her all are from her own earnings and the properties are in her name only. after she executed a will stating that certain amount should be payable by her daughters to the sons (without knowledge of her sons). is it will create any legal problems in future?