syed niaz ahmed shah
22 August 2013 at 10:30
my query is as mothers name is mandototary is fahters name also mandatory while admitting the child in school when the child is in custody of mother and all the welfare expenses are being taken care by mother and father has refused to bear any of the welfare expenses of the child.
in court when mother gave proof that the child is being looked after and going to well known international Indian school which has recognised that she is at present single woman , and in order the child needs are not hampered the mother had to put her name in fathers column as she at present is performming both the duties.
is it supported by the legal system of India and are their going to be any effect in any legal implications on mother or child or her school admission.
M.BASAVARAJA
22 August 2013 at 00:54
Dear Sir,
my friends' sister got marriage nearly 13 years back.she lived at husband home nearly 2 years only.some personnel difference they are living separately from past 11years.She is living with father & Mother.Now she is asking me to, do help regarding her future life.ie she is willing to file a suit for maintenance. many time both the family parents are made compromise meetings to resolve their difference,but not succeed.can she file a suit for maintenance? kindly advice.
M.BASAVARAJA
Karnataka
swetha
21 August 2013 at 21:05
Hi. I would like to know for how long will the mobile service provider store the SMS contents which are sent and receieved? Is their any way to get the data??
Rup
21 August 2013 at 20:14
I got married in 2006. Recently , my wife had gone to her native place for around 2 months and once she came back, I received a notice from advocate from her native place, stating " Under instructions of my client (my wife)....after persual of the documents submitted by her I am giving you notice as under......", here are the charge mentioned in the notice :
1. After 1 year of marriage, I along with my elder sister and her husband started demanding Rs. 2 Lakh from her parents and her family paid me Rs.1 lakh in November 2007 - whereas I never demanded or received any money from them as ours was a love marriage and we got married in a temple without her parents knowledge. Moreover, I don't even take money from my parents even if they asks me as I earn the money which is sufficient enough to run my family without anyone's help and I don't like to bend my head by asking money from anyone.
2. I had kicked my wife in the lower abdomen in May 2012, which resulted in miscarriage - whereas I was running from one doctor to another, once she got pregnant after 6 years after our marriage ( she had to undergo fertility treatment for so long for which I had spent lot of money ) I never hit her and in the doctors report also it was clearly mentioned that it was a case of blighted ovum and doctor advised to abort as there was no proper heartbeat found in the baby.
3. I and my Sister and her husband tried to kill her by conspiring in such a way that ceiling fan fell on her head - whereas everyone in the building knows that the Fan was not repaired ( I agree that it was due to negligence on my part) and fell in the morning when me and my wife were sleeping in the bed and unfortunately it fell on her side and it had just caused a small lump in her head. I had advised her to not switch on the fan as it used to make lot of noise but in spite of that she switched it on and the incident happened.
4. I never allowed her to meet her parents for last eight year - whereas her parents and sister have visited my house four times. I never restricted her from travelling anywhere. She didn't want to go to her native without me, which I was not ready as her family had once threatened to behead me if I go to their place. Her mother is like a "rowdy" with connections to local gundas and I didn't want to risk my life by going there due to obvious reasons.
My sister stays separately with he family around 0.5 Kms from my house and she don't visit our house. My wife also, doesn't allow me to go to my sisters house. Only contact which I have with my family is through phone. Please advise, how I can save my sister's family from any major trouble (eg. 498 charges). I am ready to face anything but I don't want any of my family members to face the heat. I am ready to fight the battle all alone. My aged parents (senior citizens) stays in our ancestral house and I am bothered that my wife's family will try to put a case against them also, as my wife had threatened about that several times.
My wife has somehow completed 12th and is from small town and so she goes by whatever other says and she always thinks about everything in a very complicated way. She is very short tempered and she used to beat me knowing very well that I can't beat her in return. Once during an argument, she broke my head by hitting me with pressure cooker lid for which I had to undergo costly treatment. Added to that she had several times tried to suffocate me with pillow, scratched my face and body, hit me in the genital region etc. etc. She is aware of all these cases, so she has raised the point about physical torture to sidetrack the tortures she had done to me during these many years. I always try to remain calm understanding that its my fate that I got such a wife. It seems like she has some extra marital affair with someone, though I don't have any proofs as she always very cunningly hide everything about her but doubt and try to spy on my activities in social networking sites. Her maternal uncle is an advocate and he has sent the notice.
My wife never does any household works and I do the cooking, washing, cleaning etc. I work in a private concern in Chennai. Now, I pay Rs. 10000 every month ( which is a major part of my salary) for her monthly expenses, for which I don't have any proofs as I give it by cash after withdrawing from ATM. She doesn't have any bank account. If I delay in giving the money then also she creates lot of problems in the house. She told me several times that she will make me pay her Rs. 2 Crore, if I think about breaking the marriage, knowing very well that even if I sell all my extended family's properties, I won't be able to manage 2 Crore. The major thing which I have understood about her is she is very much money minded as her family is into garment business and she is not happy with our current lifestyle. As she is housewife, she stays at home without doing anything and don't mingle with neighbors and as they say " an idle mind is devil's workshop". Whenever we have any argument, she start beating me without any physical provocation, she threatens me about going to police, tell my friends, tell my boss etc. After receiving the notice from advocate I have completely stopped talking to her even if we are staying in the same house. Please advise what I can do as I have to balance my work and life without getting into any further trouble.
Sorry for the lengthy details. Thanks in advance for any suggestions/help.
Upesh
21 August 2013 at 20:11
Hi,
Help Team,
As advised by the best experts.
That if i may execute MOU before filing the MCD in family court.
Kindly list the points to be incorporated in MOU before filing in court.
Will it have weightage in terms of legal aspect if my wife plays any mischief before or during the filing of petition.
Thanks in Advance.
GOPALJI PANKHANIA
20 August 2013 at 23:31
Mother has three sons. She is the owner of self acquired immovable property. She is wants that from the proceeds of the property before or after her death, it should be divided equally amoung all the three sons. Since more that 2 year, 2 sons have formed a syndicate and the mother stays with them. They have compelled her to not have any communication with the 3rd son which includes making phone calls, visiting his house, etc. Mother is very old and not keeping good health. For this reason, the 3rd son is in the dark and has strong doubts the other sons will prepare bogus Will in their names to pocket the complete immovable property. Of the other 2 sons, one is capable of forging mothers signature and same has been done in the past several times. They can use any sort of pressure tactics to get they job done.
In view of the above, what are measure to be taken to safe guard one's share in the property. Please advise
Arvind Singh Chauhan
20 August 2013 at 21:56
Sir,
Regarding my earlier query as, illegal wife having previous husband not entitled to maintenance under Sec 125 Cr.P.C. from her second husband.
With your guidance and blessings I am confidant that I will succeed in the case of 125.
But mean while another magistrate trying the case of 498 A on the instance of that wife against husband has convicted husband. Copy of judgment has been filed by wife in the proceeding of 125. Ground of conviction is, cruelty is proved and "WIFE" has been admitted through an old affidavit filed by husband in which it has been written " We the parties who are husband and wife" and there is signature of husband.
Sir what may be the impact of this judgment and how should I handle this situation.
THANKS
anshita
20 August 2013 at 20:24
Hi,
My case is pending in court of maintance from 23 nov 2011 and divorce case is pending from 2012 in kanpur court.
My husband has got second marriage and has a baby boy. When I filed cases he wrie in his w/s that he has taken exparty divorce but he has not submitted divorce papers he attends date very rare and i got every date after 3-4 months.
How can I take early date while every dates are given by judge. I heard about expedite which is take from high court. in which high court ordered for early judgement. Please tell me in detail about it can I go for it for early judgement.
Anita Singh
20 August 2013 at 19:16
dear expert,
my friends wife filed a police complaint against my friend and after filing the police complaint of 498 a and 406 my friend returned all her gold which she had bought from her paternal place again she filed a case under sec 18 of hindu adoption and maintenance act for maintenance and she also demand for stridhan which my friend had already returned her she is asking for those gold ornament which my fried given to her from his pocket can she ask for those gold ornament and could it be consider as a stridhan if she can then under which law she can ask the same
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Maintenance pay
At the time of mutual divorce husband pays one time lump sum compensation to wife for her & the child who is in wife's custody. It is mentioned in divorce decree that husband & wife wont have any further claim towards each other. Wife remarries & she is now living with new husband alongwith child. Ex-husband remains unmarried. Can the ex-wife make any further claim from ex-husband for the child in future?