nilesh@124
18 September 2013 at 18:21
Hi All
Can any one tell me about the rights of the women in property, from his father side
Regards
NT
mohanlal
18 September 2013 at 17:10
• A case of maintenance is pending (execution of Order is pending) in a family court in which I am the respondents (Husband and father of a son).
• I have submitted the Written Statements (WS) in the matter.
• Thereafter on the date fixed for prosecution evidence, I could not participate in the proceedings because the Advocate who was assisting me for the case misled me and told me that they have taken adjournment and they will communicate me the next date later on.
• In the meanwhile the date was fixed for defence witness and then argument was also elapsed and consequently an ex parte order was passed.
• Thereafter the Order was sent to my department where I was working (at present I have not reported to duty because of some officials issues which are pending in the Central Administrative Tribunal).
• Thereafter the Department returned back the Order to the court saying that since he has not reported on duty and not getting any salary therefore we are unable to act on this Order.
• In the meanwhile I came to know about this ex parte Order and I approached the Family Court.
• I met with the Principal Judge and she told me that you can file an application for setting aside of the ex parte Order and seeking restoration of proceedings.
• I also came to know that a date (fifteen days from now) has been fixed for execution of the Order by a warrant against me for recovery of the arrears and the maintenance.
• Now I am unable to obtained certified copy of the Order and other relevant documents of the case as the clerk saying that he will give after fifteen days due to lack of man power. Even they are not willing to give the urgent copy with additional charges prescribed.
Queries:-
(i) Whether the application for setting aside the said ex parte Order and seeking restoration is maintainable in the same court as once the Order has been passed but execution of the Order is pending;
(ii) How to get the certified copy of the case to enable me to resort to the next remedy available.
(iii) Any Other Advice/Suggestions?
Rakesh Malik
18 September 2013 at 16:37
Hi,
Can someone provide me the delhi high court and supreme court judgements in which a well qualified but unemployed wife has denied maintenance.
Rakesh Malik
18 September 2013 at 16:32
Sir,
Today 18 Sep 2013, was hearing of my divorce case in Tis Hazari. It was first hearing after mediation was failed. The ADJ asked me what I want I said divorce. The ADJ also asked my wife what she wants, she said divorce.
ADJ said ok its fine. ADJ asked me what I can give to my wife I said i can provide her monthly maintenance. ADJ said give lump-sum amount. I said I can give between 1-2 lakhs. My wife asked for 15 lakhs. ADJ told that 15 lakhs is too much and 1-2 lakhs is too less. I took next date on 23rd Oct 2013 as I requested ADJ to give some time so that I can think over lumpsum amount.
My wife lived in my home only for one month after marriage. She is MBA and was earning 15k pm before marriage and my salary in today date is 13k pm. My wife says that she is jobless now and we forced her to quit her job when she was in our home. We have no child.
Pls suggest am I bound to give any lumpsum amount. Is there any law by which i can escape giving even maintenance as my wife is well qualified and ability to survive herself.
Kalyan Ghosh
18 September 2013 at 10:38
Will you kindly help me with names and phone nos of eminent Divorce Lawyers in Kolkata efficient in handling divorce and related matters ?
Bablu Ghosh
18 September 2013 at 10:35
In a mutually consented divorce case under Section 28 of Special Marriage Act,1954 the first motion has been filed.The wife is the Petitioner No-1.After this the judge has asked for reconciliation between the parties in between 3 months of filing the case,but no reconciliation has been done between the parties.The judge again asked for outing between the petitioners for a day which has ALSO proved futile.Now if the wife(PETITIONER NO 1 AND WHO HAS INITIATED THE CASE) withdraws the case (WHICH IS A FARCE planning more incidents in future)whether the boy can STILL ask for divorce from the court .There has been some cases where it was shown that the wife does not
want divorce is merely an eye wash & not bonafide. The consent for obtaining divorce decree by mutual consent was free and without any force AND IT HAS BEEN RECORDED IN THE APPLICATION for divorce also.NO ONE HAS FORCED THE WIFE TO LEAVE THE FAMILY(she has left on her own) AND IT IS SHE WHO HAS INITIATED THE CASE.Normally the reconciliation is done in contested case
Can you help with your suggestion and similar orders where court has upheld the decree of divorce.With thanks
binod chouwdary
18 September 2013 at 05:16
In a tricky situation where the respondents lawyer is related by blood (without any doubt) to the presiding judge, what options are there for the petitioner and his lawyer.Experts please give your valuable opinion and suggestions.Thank you
neetu
17 September 2013 at 23:07
Can I stay at my sister in law house as I don't want divorce from my husband.. Or what would be the ways to save my marriage we are living separated from last 2 years but still I am not mentally prepared...how my husband would come on a right path and will start living with me is there any way
Dev
17 September 2013 at 18:57
Hello experts,
Request you to please provide insight on sec 27 hma.
I had purchased 2bhk flat jointly with wife after marriage.
since I didnt include property matter in prayers of my divorce petition, can I use this section 27 to claim for relief?
will it be a altogether different case or proceedings will undergo during divorce case only?
OR is it better to amend divorce petition?
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Dismiss petition
can the below judgement be used to dismiss wife's petition - by giving proof that claims made by wife are false?
Hari Narain vs Badri Das on 4 March, 1963
http://www.indiankanoon.org/doc/413368/
wife's CrPC 125 petition response