Naveen Kanth Dasari
24 November 2013 at 14:05
Hello,
1. Can the family court gives judgement to attach retiral benefits of husband?
2. How far is it relevant to attach the retiral benefits of the husband, if a wife files Execution Petition for attachment of retiral benefits?
3. As far i'm concerned that Section 60(1)(g) of the C.P.C says that "stipends and gratuties allowed to pensioners of the Government or local authority or of any enmployer or payable out of any service family pension fund notified in the official Gazette" shall not be liable to such attachment?
4. Can i get stay from the High Court of such attachment?
Naveen Kanth
Advocate
Hyderabad.
Ramakrishnan P R
24 November 2013 at 06:52
A friend of mine is married for the last 26 years and have two children. He and his wife are not in good relationship. He had no physical relationship with his wife now for 7 years and she is not ready to have physical relationship with him.
He has tried to compromise with her, but of no use.And being mentally harassed also.
Now he wants to go for a divorce.
Since they are not living separate how to go for a divorce? What is the procedure?
rajeev
23 November 2013 at 23:45
Hi I wanted to know if I can be arrested in India. My wife and I are both Canadian national and I have filed a divorce petition in Canada itself. My wife also filed some false cases against me in Canadian courts and when the Judgement came against her in Canadian courts............she came to India and files a dowry, cruelty, harassment, fraud etc. We got married in India in 2000 but I took her to Canada in 2001 and since then we both are living there and she has also become Canadian National.
First time she filed all these IPC dhara's against me I went to High Court in Allahabad and got a "stay" against my arrest.
Few days back she went to a local police station once again and made another FIR against me. Today 4 Police officers came to my local house in Varanasi and asked me to show my Canadian Passport. Once I showed them they took my passport and walked off. They told me that I should go and see the local CO. Can the local police take away my Canadian Passport without any court order from India or Canada. They never gave me any thing in writing. They just walked off.
What should I do??
Rajeev
9811555911
Narendra
23 November 2013 at 23:39
My wife filed 125 crpc maintenance against me just to extract money, hardly she had stayed with me for 10-15 days after marriage .then she has filed 498a-we have taken bailed, yet chargesheet has not came from family court since 1 and half year. she is working woman nursing staff in hospital.
So please help me how to escape and cancel the maintenence
Mrunmai Deshpande
23 November 2013 at 18:40
In a Mutual Consent Divorce if the following terms are accepted
1)Husband and his parents to be denied access to the child
2)Wife on the behalf of the child will not put any claim on husband’s property, earned as well as ancestral.
then, when the child becomes adult, can he claim any right over the above mentioned property?
Medha Choubal
23 November 2013 at 18:36
If the husband gets ex-party divorce I have the following queries
1)Can the wife reopen the case after some years and demand alimony and child maintenance?
2)Can she claim share in the property earned by the husband and and the ancestral property coming to husband by way of his share?
SUSHMA YADAV
23 November 2013 at 17:42
If a woman was subjected to cruelty by her husband and his parents for over 10 years. but now she has separated from him with her two children. she has now filed a case against him under section 125 cr.p.c. for maintenance.and there had been some 4 to 6 hearings but her husband did not preset before the court in any of the hearing. and saying that he has no money to pay her wife's and children's maintenance. on the other hand he is threatening to take her children away from her.and now she wants to take divorce from him. my questions are as follows:
1.Can court pass ex-parte decree in a family case as well?
2.once she has filed case for maintenance, Is she require to file separate case in same court for divorce? Is there any other method to get divorce from him by merging the case for maintenance and divorce?
3. If husband does not have any money or property, what will be the result of the case under section 125 cr.p.c?
4. Can husband take custody of children somehow? If yes what are the option to stop him?
Member (Account Deleted)
23 November 2013 at 17:39
Petitioner filed witness list but judge asked to file it again clearly mentioning the points supposed to be proved by each witness.
Three out of five witnesses are to be called by summons & the remaining two by hand.
So, should the petitioner mention the points supposed to be proved by the witnesses summoned by hand also?
Can judge refuse the witnesses from appearing if the reason mentioned is not sufficient? I mean if the judge thinks that a witness in the list is not relevant in the case, can judge refuse his appearance?
vishalkapur@hotmail.com
23 November 2013 at 01:37
I filed divorce, she filed reply n prayed for rejection of my petition. I filed rejoinder. In next hearing i could not reach court. My lawyer also could not reach court. They pressed for dismissal of my case. The judge eventually dismissed my case in default. Within a month she filed for her divorce. In the meanwhile my lawyer also filed for restoration of my divorce case. The court restored my divorce peyition on cost. They moved sec24 appl. For interim maintenence. The court ordered maintenence a. Now , my question is whether can i file a joint appl. In both the divoorce petitions For granting divorce on the grounds that the marriage has irretrievable broken on both filing divorce on each other and she is using the law to settle personal
Scores agsinst me.
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Maintenace under section 125 cr.p.c
THANKS TO ALL SIRS FOR RESOLVING MY QUERY!!!!
BUT STILL I HAVE SOME DOUBT THAT SHE HAS FILED CASE U/S 125 CR.PC. AND NOW SHE WANTS DIVORCE FROM HIM. THEN SHE HAS TO FILE CASE UNDER HINDU MARRIAGE ACT 1955, U/S 13, ON BASIS OF ANY OF THE GROUND UNDER THIS SECTION.
AND HE IS NOT READY TO GIVE DIVORCE?
THEN WHAT OPTIONS WE LEFT WITH?
HAS SHE REQUIRED TO FILE TOTALLY SEPARATE CASE FOR DIVORCE?
IN SAME COURT WHERE HER MAINTENANCE CASE IS PENDING ? OR IN DIFFERENT COURT?
AND ONE VERY BASIC QUESTION- CAN A GIRL SEEK DIVORCE FROM HER HUSBAND WITHIN 2 TO 4 MONTHS OF MARRIAGE????