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swami   06 March 2013 at 10:46

Divorce

hi sir,
my sister is wanting a divorce as she is not mentally able to live with her husband.But she is worried about her 9 year old son as she may not live without him.Please advise whether she can proceed legally to divorce(if her husband agrees)by making sure that the court allows the son to live with the mother(son also likes to stay with his mother).
awaiting a quick reply

Abu salman   06 March 2013 at 10:03

Divorce agreement

Husband and wife are Muslims.

wife is continuously asking for divorce.

So, husband is about to do talaaq his wife.

While doing talaaq, will the following agreement between husband and wive's father on a stamp paper of Rs 100 be legal? (Please note that the agreement is not with husband and wife. It is with husband and wive's father.)

"There will not be any legal claim from husband or wife in the future for restitution of matrimonial rights against the other"

If this agreement is done, can wife claim in the future for any type of restitution of matrimonial rights against the husband?

(Please note that the agreement is not with husband and wife. It is with husband and wive's father.)

venkat   05 March 2013 at 18:54

Guidence required in interium maintainance

Dear Respected Members,

Want ur guidence in the interium maintainance filed by wife.

will judge consider the personal loan deductions from the salary while granting maintainance. The personal loan is taken when my wife is with me.

what is the general % of amount of salary considered for maintainance.

What the deductions considered while granting maintainance.


Dharmesh Arora   05 March 2013 at 18:06

Crpc 125

Sir/Madam

My wife has submitted in her 125 petition that she hasn't been doing any job. In my reply, I have attached her appointment letter.

Will Hon'ble court itself will ask for her employment details from the said employer or I have to file application U/S 91.

Please guide. Thanks

vinod mehra   05 March 2013 at 15:24

Right to maintennce

if the divorce proceedings ends in favour of husband still he is required to pay maintenance?

Bhagirath Biyani   05 March 2013 at 14:58

Issues relating to partition of huf property

We are 5 brothers. After passing away of our father, his property share was transferred by his elder brother to his sons. Property in Rajasthan consists of a plot of 1000 sq mtrs, half of which has Haveli building. 2 of the eldest brothers expired without leaving a will. They are survived by 9 and 3 inheritors (consisting of wife, daughters and sons). Over 3 years ago all co-parceners had verbally consented to put the property for sale. Legal Documents were drafted. One agreement for all to sign but all kept waiting for the signature from the eldest brother’s family. So for 9 heirs and 3 heirs separate agreement drafted. Again all kept waiting because even this was not shared or discussed among the 9 heirs. All have been kept in loop about ongoing efforts to put the property for sale. The Queries are:
Last year 3 brothers were told that HUF only owner of the property and only correct approach to sale? All relevant details about HUF were shared for consensus. Few months ago consent letter to sale the property was also signed by all but one family in favour of the eldest male member of the family. Application has been made for PAN in name of father’s HUF. Bank is agreeable to account opening by Karta but insisting that consent letter to this effect should also be signed by all co-parceners, including some inheritors of eldest brother’s family. The queries are:
a. Now wife of the eldest brother is open to sign with condition that only she to have sole powers to distribution the property among 3 sons and 5 daughters, to which two sons not consenting. What is the way out?
b. One of the brother’s only daughter, having his Powers Of Attorney, has sold some weeks ago his 1/5th share of property to our cousins having adjoining property without consulting any? That part-property sale has also been registered. Is that legal? Can that be legally nullified, stayed or challenged?
c. Will the property be considered legally under HUF, also by the buyers, who are approaching, well aware of the property history; know about the recent sale of 1/5th? Can Karta go ahead to negotiate with buyers for all or the remaining 4/5th, keeping all informed. Will such deal be acceptable for registration and by Income Tax?

racersedge345   05 March 2013 at 14:10

One time compensation

Can anybody please tell me how much compensation can be asked as one time alimony for a wife and one year male kid(married 2 years ago) from a husband earning Rs.65000 per month and wife not working.

kashyap   05 March 2013 at 12:27

Divorce can be taken ground of impotency

Dear seniors

i have been married 6 year 10 months after marriage i had perceived that my wife vagina blocked inside after that i had called her parents they had carried her St. Stephen Hospital in 2006 thereafter Dr. had told me that that had unique case wife don't have womb then i had asked her parents what was this then they had told me they would discuss family doctor maybe this problem would be resolved but they need long time to treatment meanwhile i started studying her i.e. language course, b.com, bachelor computer application etc.Now she is post graduate in (MCA)
one day while coming from laxmi nagar i had seen her on bike after that at night i had asked her about him but she had not told me.after that i had slapped her after that she had absconded on 16.05.2011 her parents house afterthat same day i had carried her but she had denied afterthat i had gone to police station to assist carry her. but she had given her statement that she was leaving her parents with her consent and there is not dispute between i & her afterthat on 22.05.2012 she has filled false dowry,domestic violence and maintenance report in CAW cell and Rohini court. she has demand 8 lakh compensation and 15000/- pm maintenance. i have filled divorce.

Please suggest what should i do in this circumstances.

Siddharth   05 March 2013 at 01:03

Notice from wife for divorce

Hello Lawyers,

I have never been in police or court cases and as a result i don't have any clue for notice.

My wife has send met notice for divorce sateting loads of blames of harasment tourcher to her, Mentioning about the money which they spend for marriage. it was a very low profile marraige in a village.

She had an affair with his boss in a hospital and she is a psychological counselor, so has been forcing me and putting loads of pressure on me with her words and strategy. I have forgot the affair issue beaucase my son was very young 1 yrs at that time. She has the swing of mind after some time where she behaves un-usual and leaves home with out informing me and come back after some months. She is very carrier oriented but couldn't work properly in any company. Always leaves company after fights with bosses or colleauges.

Now my son is 5+yrs and she is asking for 20,000 RS per month and sons custody. She has kept my son at her mothers place for more than a year without my wishes.

Kindly suggest me what should i do to get rid of her demands and to get my sons custody.

Thanks I am waiting for suggestions

Kalyan Ghosh   04 March 2013 at 22:37

Address proof

In a mutually consented divorce case address proof of the parties(Petitioners)are required.My question is whether the address MUST BE MANDATORILY AS PER VOTER ID CARD ADDRESS OR IT SHOULD BE THE CURRENT RESIDENTIAL ADDRESS.More precisely a person may have voter card at his native place (suburbs)away from city and he may live in city(Address proof of the current residential address is available with the incumbent).Permanent Address and Address for Communication is Different for some.Also some person has no VOTER ID CARD,but other proofs like PASSPORT is available.PLEASE ADVISE