Anonymous
11 June 2019 at 11:52
I completed 7 months after getting MCD. They planned MCD by fraud like filing false cases on me. I have signed it becoz they told me if u fight again ur money will be gone and we will put false cases on you. So my question is can I challenge MCD in high Court,will they call my exwife's party suddenly or only after validation of proofs. I have a email proof sending to lawyer that I am not the one who is going to divorce but my wife is giving divorce. Can I win on this.
Member (Account Deleted)
08 June 2019 at 11:21
The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test. Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate. Now the issue is that I don't want to continue this relation after all such allegation and litigation, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait until the appeal got dismissed? She is not ready for mutual divorce.
kavkaz
08 June 2019 at 08:59
W. ref. to the domestic violence petition filed by my wife in Mumbai district court, myself and my wife were cross examined and finally now, the matter is now considered as a petty issue which happens in every household. In the last hearing date, the judge stated that there is NOTHING which can prove that the respondent (myself) stands guilty of conducting domestic violence. So, finally I am free of this allegation put on me.
But now, I am worried about the judgement order. I have the below doubts in my mind.
I request the Advocate panel in this thread to clear the following doubts.
1. Will the court ask her to join me or me to join her?? Please note here that She has not mentioned anywhere in her petition that she wants to join me.
2. If the court asks me to join her and then if I deny to join her (if she is ready to join me), in this circumstance what can be the judgement? Will I be penalised ??
3. Will my wife get whatever she has asked in her petition prayer??
Thank you and warm regards.
Satyawan
04 June 2019 at 09:52
Sir/Madan,
My wife filed 498a,406,506,323 IPC in Sep 2015. We met a compromise in Oct 2015 and started living together. But now she has again left me.I have filed section 9. But now I filed RTI in my case mentioned above(which was setteled),where I received the reply that at that time in respect of the IPC406 the list of stridhan was not supplied by the complainant. But the above mentioned FIR shows"the list of stridhan is attached herewith". Which shows the contradiction.Can I take any legal step in this matter ?
Kalpana
03 June 2019 at 16:41
Sir 5months back I filled divorce and my husband filled rcr...but ambically solved issues so I got my case withdrawn with a joint memo..but his rcr is still pending but we are living together. .I have a doubt regarding the following.
1.whether my husband can stop me from seeing my parents.
2.whether can he stop my daughter seeing my parents.
3.if he is calling me for case with drawl with a written statements..in what ways I shall be safe.
Please guide me sir..
AASHISH KUMAR
03 June 2019 at 15:43
Hello,
currently i am living at delhi and i want to disown my child becasue he got court marriage with that girl who is not good always threating us for dowry & etc so i want to disown my child is this good way to protect or if any please guide.
smita
03 June 2019 at 15:06
Learn the Legal Protections and State Assistance That Senior Citizens Have in India
According to the Population Census 2011, there are nearly 104 million elderly persons (aged 60 years or above) in India; 53 million females and 51 million males.
by Vidya Raja
December 14, 2017, 9:46 am
An ageing population is a global phenomenon. Elder persons in society face a number of problems due to the absence of assured and sufficient income to support themselves for their healthcare and other social securities. Loss of a social role and recognition and non-availability of opportunities for creative and effective use of free time are also becoming a matter of great concern for elderly persons.
The trend clearly reveals that ageing will emerge as a major social challenge in the future; and vast resources will be required towards the support, service, care and treatment of the elderly persons, according to report titled – Elderly in India, published in the year 2016.
According to the Population Census 2011, there are nearly 104 million elderly
persons (aged 60 years or above) in India; 53 million females and 51 million
males.
Promotion
In 2007, India enacted The Maintenance and Welfare of Parents and Senior Citizens Act, with a view to ensure need-based maintenance for parents and senior citizens and their welfare.
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Here are some of the salient features of the Act:
This Act is superior to every other act and has an overriding effect on every other law for senior citizens.
Who can avail the benefits of this Act?
• Senior Citizens – over 60 years of age
• Parents – Mother/Father/Stepfather/Stepmother of any age
Who are Children and Relatives?
• Children could refer to any adult son/daughter and also grandson/daughter
• Relatives – If the senior citizen has no children, then the legal heir, that is one who is either in possession of the property of the senior citizen or would inherit it.
• All children are liable to provide maintenance for their parents.
What is defined as property by the Act?
• Movable or immovable property
• Tangible or intangible property
• Ancestral property as well as self-acquired
• Rights or Interests in such property
In many cases, ancestral property, on which multiple claims may exist, was being used as a loophole to avoid providing maintenance for senior citizens. Now that loophole has been plugged.
What is Maintenance?
Maintenance is the sum of money that a senior citizen gets to ensure their welfare.
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The maximum amount, which may be ordered for maintenance of a senior citizen shall be prescribed by the State Government and shall not exceed Rs 10,000/- per month.
This includes:
• Food
• Clothing
• Residence
• Medical Attendance – the right to have nurses or helpers at home
• Medical Treatment.
Under what circumstances can senior citizens claim maintenance?
Senior citizens can only claim maintenance if they are unable to maintain themselves from property owned or from own earning.
Such claims can be made upon:
• One or more children or grandchildren, who are not minors.
• In case of a childless senior citizen, a relative as defined above
Who can apply for maintenance?
• The senior citizen himself
• Any other person or registered voluntary organisation authorised by them
• The Tribunal itself can initiate an enquiry
Where does one file this application?
The application for maintenance may either be filed in the district where the senior citizen stays or last stayed, or in the district where the child or relative stays.
What is the procedure involved?
Once the application for maintenance under Section 4 has been submitted, the Tribunal will issue a notice to the children.
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They will have the opportunity of being heard. The application must be disposed of within 90 days, with an extension of 30 days under extreme circumstances that need to be recorded in writing. The Tribunal shall determine the amount to be paid, subject to a maximum of Rs 10,000
When should maintenance be paid?
Children are liable to start paying legal costs as well as maintenance from the day of the order, or if so ordered by the Tribunal, from the day that the application was filed. Upon the death of one child, other children continue to be liable. If one of the children dies, their portion of the maintenance must be taken care of by the remaining children. Failure to comply with the order of the Tribunal is punishable with levy of fines, or even imprisonment for up to a month.
While this Act does empower senior citizens and gives them an assurance of being looked after, the real test is only when it actually transpires into tangible action.
Defamation case against wife
Sir, I live in pune I aquital in 498A case by Jmfc court latur on 17/7/2018. Now I want to file defamation suit under 499 and 500. My question is 1) Where I able to file criminal defamation case? Latur or pune?
2)before file criminal defamation case ,is it necessary to send notice to wife?
3) time limitation for file criminal defamation case after aquital in 498a?
4)In criminal defamation case, I able to ask compensation abt defamation to my wife (I.e.50 lac compensation)????