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jwalamukhi   10 November 2013 at 19:18

Divorce on account of desertion

what is the minimum period of seperation after which husband can file divorce petition due to wilful desertion by wife???

Mrunmai Deshpande   10 November 2013 at 18:49

Looking after parents

I am a senior citizen of 70 years of age and divorced. After divorce, as per the court order, I was giving child maintenance to my wife till my son completed his education and started earning. I did not remarry and staying alone after divorce. Because of my age I am not keeping good health and hence can not look after myself properly. I am financially weak as well and hence the quality of my life is compromised. Is there any law with the help of which I can make my son look after me and support me financially as well. Please advise !

Annu   09 November 2013 at 11:19

Marriage legality

SIR,
I AM RESIDENT OF JAIPUR
BOTH OF US FULFILL CONDITIONS OF MARRIAGE SUCH AS AGE ETC.DO WE ACTUALLY NEED TO MARRY IN A TEMPLE OR AT ANY OTHER PLACE FOR OBTAINING MARRIAGE CERTIFICATE OR CAN WE DIRECTLY APPROACH COURT AND ASKIN COURT TO DECLARE US MARRIED IF BOTH ARE GIVING CONSENT?
KINDLY GUIDE ME THROUGH THE PROCESS AT THE EARLIEST?

Mrunmai Deshpande   08 November 2013 at 19:45

Transfer of case

I am a young man of 37 years of age, married and have a son of 3 years of age staying in Mumbai. After marriage I suffered from paralysis of both legs and hence I had irregular income. My wife had deserted me 3 years back and currently she and my son are staying with her parents at Pune. She is working there and earning a salary of Rs12000/- pm. Now I have fully recovered from paralysis, though I am still under medication and medical observation which may continue for years. I have started working also. As my wife has deserted me and not interested in coming back I want divorce from her. When I requested her for mutual consent divorce, she refused it. She even threatened me that if I file a case for divorce she would file a case against me for mental torture and harassment in Pune court. I have a query –
1. If I file for divorce in Mumbai Court, and If my wife request for the transfer of the case to Pune, how can I go to Pune for the case. I can’t afford to stay in Pune for financial reasons and new job. Please advise.

Sri   08 November 2013 at 19:28

Legal separation from bpd wife

Hi Sirs,
I got married 5yrs ago and have a boy baby. After few months of marriage, I was tortured by my wife even for small things. She and her parents planned to separate me from my parents and she started the argument. Her brother also stays in Bangalore and hence it becomes very easy for her. Even for small things, he will come and fight with me. Since she threatened that she will complain that my father sexually abused her and no other way, I accept for separate family. Then after 3 months again, she and her family tortured me. By listening to her voice, she tried to abolish my baby. But I saved him. Every time she used abuse words and threatened to commit suicide. Then I will inform their parents and she will go to her home. After someday, our relative will talk and they will send her. She will be calm for some days and again same scene will starts. She is more driven by her mother voice. She will argue that I am planning for second marriage; I am not a proper male, I and my mother share bed and so on. 2 years back, her father expired and they partition the property. Her brother took my wife without my notice and got sign from her. Then they argued that I tortured her and hence she came. She tries to give poison to my son. Then I made police complaint and there after comprise in police station, I took her back. Some of their relative told that she is like this even before marriage and need to check once with psychiatrist. But she and her mother refused. Again her cruelty started like her father (already expired) came to home and I need invite and talk with him. This happens in the midnight. First, I thought it might be because of her father dead but later identified as her torture. Once she took poison and admitted her in hospital. That time, her brothers discharged her from the hospital without my knowledge and made a police complaint. That time, I file a HMOP case for conjugal rights. I explained all to police with the help of lawyers and they send her with me. Then her bothers asked me to take to psychiatrist as some doctor told when she took poison. I refused as they are not showing me the doctor prescription. I feared as they may plan something against me. Finally, they took her for the first time and I took then onwards. Last 9 months she was under meds and doctor diagnosed as Paranoid schizophrenia. Again, hearing her mother’s voice, she stopped meds. As a result, again argument started. Her abusing words, threaten to run some where else, to commit suicide started
As per Dr’s advice, we admitted her in hospital even without telling her as she is refusing for medicines. Here, Dr diagnosed as ‘BPD’ and not Paranoid schizophrenia as previous Dr told. I have all medical reports. Now, she is talking as if she was totally changed but I am not ready to listen her as she fooled me for the past 5 years.
Could you guide with your expert advice, can I file legal separation? Is it possible to get back my son from her?

Ajay Sharma   08 November 2013 at 19:19

Dv case maintenance amount

hello Sir/madam

My wife filled DV case against me and my parents 6 mnth back still argument going on i would like to know can court pass the order of maintenance from the date of petition or from the date on which it has been proved in the court that domestic violence took place.

Thanks

Ravikant   08 November 2013 at 13:39

Transfer of propery to father to sons in (huf)

Dear Sir,
my father is 80 year old having house in his name, we are three brothers. elder brother wants property made in his name to take benefit of property taxes as he is ex serviceman

my question is if house made in his elder brothers name how we ( other two brothers) can get this property

what is procedure for transfer of property from father to sons

Regards
Ravikant

leeni   08 November 2013 at 13:13

Divorce

husband had filed for rcr.wife objected stating that during the course of pregnancy it was detected by the doctors that she was suffering from uterus infection communicated to her by her husband due to std.husband amended the petition on grounds of cruelity.wife produced her treatment paper showing uterus infection and also the doctors cross.husband did not examine himself.decree of divorce was passed.now appeal is in high court against the degree of divorcee.what can be argued on part of wife.

prerna gupta   08 November 2013 at 10:39

Transfer of ownership

Hi
We live in Ghaziabad and have a property which is registered on my husband and my name. this was purchased in 2003. The property has a house load for which i alone pay the home loan amount.
Our divorce would be final in Nov. I want to take the ownership of the house completely, for which i am ready to pay the sale amount.
Questions:
1. Should the transfer be done via a Sales deed/Gift deed/Relinquishment deed?
2. Can any of the above be registered in court (considering the property papers are with the bank).
3. Do we need to register the deed or we need original property papers for change of title
4. What % of stamp duty and registration fees will be applicable in Ghaziabad
5. if it is gift deed does it need to be done before the Divorce is final?
And do you know any lawyer who can help settle this
really need help!
Thank You!

INDIAN LADY   07 November 2013 at 22:54

125 Suit

Respected experts , I hv filed 125 on husband. He has a rented photostate and stationery shop in a engg college. He filed divorce HMA 13. Then he booked under 498a and sent to jail for a week and got bail. In our petition we claimed that he is earning 40 K and he stated he has the said shop but earning hardly 8 to 10 K. We provide his shop rent deed of Rs 4000 and my advocate said to judge that if he is giving 4000 rent then he is earning a good income etc etc. Opp. advocate stated that as he had to go to jail after 498a FIR. college management has cancel the rent deed ( which is not true) and he will present the certification from college . In actual college has taken back his present shop and given him some new place (adjoining to his previous shop) where he has made self constructed shop ( Wooden Type ) and doing his business. Now my query is a) Can the college give him the certificate of cancelation of deed in the above said situation where as he is running his shop in the same college. b) If he bring the said certificate by hook or crook , if we present the snaps or video recording of his shop then is it acceptable in the court ? c) What else I can present in the court to prove that they are telling wrong to court and he is running the shop in the same college and there is no effect on his business of going jail ? Kindly advise in practical way.