shyam lal
14 October 2019 at 16:37
kindly advice , MoU of family settlement mentions share is to be divided on percentage basis,not on Metes & bound basis , which one of the two options is better when a WILL is to be executed
Vikram Singh Rathore
13 October 2019 at 23:45
Dear Experts,
My Brother Vijay married in 1994 and within a year shifted from our parental home to a rented accomodation because of pressure for the same from his wife.He had an independent business at that time. Subsequently,our elder brother allowed them to stay in a DDA flat owned by him.Vijay met with an acident 10 years after his marriage which caused an 86% disablity and thus rendered him incapable of any meaningful occupation to provide for his family(comprising of wife, 2 sons and a daughter). He was awarded a compensation of around 16 lakhs a few years later. My father contributed another 13 lakhs and made a fixed deposit of 29 lakhs in my brother’s name . All his medical as well as household expenses have since been met by our parents out of their and my joint business and interest accruing from the awarded compensation. In 2009, our magnanimous elder brother gifted him his flat he was staying in since 1997. 2 years after his accident, his wife started working as a teacher in a school where she is now the Principal. She never contributed towards household expenses and their children’s education.Around the same time, I started taking my brother to my office as he was feeling lonely, a practice which has continued till date.Although, my brother does not have any share in the business and cannot work productively, we started to show INR 30000 as his salary. Ever since his accident, my brother has faced utter neglect from his wife who does not even sleep with him in the same room, goes off to her parents every weekend and frequently travels outside Delhi with her children in tow asking her husband to go stay with his parents while she is away. Two of their sons are now in US, the elder one working and the younger one studying. The daughter is in final year of graduation. Their immigration/education expense have also been borne by our parents. All three children are over 20 years of age. My brother needs constant care as he suffers from frequent breathing problems and requires medication through a nebulizer. Due to my parents dwindling savings and sorry state of my business, we gave her INR 5000 less as monthly expenses about 3 months back. She threw a tantrum and asked my brother to go stay with his parents as she was going to accompany her niece (from Dubai) for a sightseeing trip in India. She did not return for the next 2 months despite numerous calls of request from my brother.The children have not spoken to their father since this incident. We involved a third part for rapproachment in whose presence she asked for the Compensation money Fixed deposits and the ownership papers of the flat they have been staying in for the last 20 years. Both these documents are with our parents as they feel that she will pressurize Vijay to dispose off the property and enacsh the FDs and desert him forever.She has come back to her matrimonial home but refused to let Vijay come there without the documents that she has demanded.She is also demanding Vijay’s share of the business. After so many years of suffering at her hands, Vijay has finally agreed to let us initiate divorce proceedings against her. Please advise about his rights and what all more he has to forego to finally breathe easy.
Anonymous
12 October 2019 at 10:32
Dear Sir/madam, need you guidance on the subject Can Indian Muslim man have second Marriage with Foreigner Girl registered in India provided 1st wife in Indian? It is necessary to do registration in 3rd country first where registration can be legally done or it can be directly registered in India and on behalf of foreign marriage registration can spouse visa be applied For India ?
Akhilesh Srivastava
12 October 2019 at 03:31
I want to punish my ex wife and her family for filing false 498A and Domestic Violence complaint against me and my family. My ex wife and I reside in USA, already divorce as of Dec 2018, but her father filed false 498A and DV complaint with CAW Cell in Delhi. We filed rebuttal and the complaint is closed by investigating office. I have tremendous grudge and want to punish my ex wife and her family. Please advise.
sachin
11 October 2019 at 13:56
Hello pls provide me judgements of SC and Mumbai high court if rejecting of maintainence to wife when she is earning and left house herself she is advocate and got 7 k per month pls hlp plsssss
Anonymous
11 October 2019 at 10:53
Respected sir, I m married since 21st sep. 2018.From start my wife"s behaviour towards me and my parents is quarrelsome. Now i came to know that she is also having a long time affair which is also continued after marriage. I got her outgoing call records for last six months which shows numerous calls to that person( in odd hrs. of the day also). I also got few screenshots of her whatsapp chat with that person with unacceptable msgs.I also hv some voice recordings of her quarreling with me and my parents. nd in some voice recordings she threatening me of suicide. Can i get complete call details through police or court? Can i apply for divorce on the grounds of mental cruelity and adultery?? There is no child from our marriage.
Pandurang
07 October 2019 at 12:59
hi sir I got a divorce by ex-party in 2016 and after that I marry to another girl. after may second marriage done after 3 months my first wife file DV case in court in jan 2017. that time I submit my Divorce document in court then she file case under section 125 for maintenance now in 125 case I given my witness and right now she file case under section 9 against me then what should i do? please guide me.
thank you
Nirav sharma
07 October 2019 at 09:41
Hello experts
In may 2018 trial court passed an order for paying maintenance of rs. 7000 pm to my wife with effect from march 2016 onwards. In march and april 2016 my wife had transferred more than rs. 5.50 lakhs from my account to her own account in my absence by cheques signed by me. I had submitted the evidence in the court but due to non availability of leave from job i was unable to be present on many court dates. My wife got the evidence de-exhibited. Now through another lawyer i have applied in high court for taking the amount she has already taken into consideration. I want to know whether on submitting application in high court do we get an acknowledgement or receipt of it since my lawyer has not given me any document. Also my wife has filed case for recovery of maintenance amount so i have to pay the outstanding amount too. Please guide me. I had approached lawyer for high court in june 2018 itself but he didnt do anyting and only last month made me sign the Vakilatpatra. He is handling 4 other cases so i cannot spoil matters with him. Will the delay affect my case?
ganesh
07 October 2019 at 05:32
Regarding filing of a counter to a petition in DV case, what period of time the law allows for the respondent to file counter. Is it indefinite or definite. if Definite means how much time? in case the definite time limit is expired what shall be done to take the trial next stage.
Kindly enlighten me with legal aspects...
Thanking you,
With High Regards,
Ganesh
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Divorce
My sister married her college mate who was an iran citizen...he came to india on a study permit...after getting married via registration here he had moved to the united states...its been 5yrs now and he now claims that he doesnt want the marriage and he wants a divorce...he also claims that he had used me to get his visa to the usa as he wldnt have got it from his hometown in Iran as he was out of his country for more than 5 yrs staying at india...now hes also willing to sign the divorce papers but not willing to come to the indian courts for the process...i want to punish him and bring him to court...hes has surrendered his passport at usa for the process of obtaining a green card but he has not yet recieved his green card identity...can i bring him to the indian courts for cheating me?