pritpal rajput
01 March 2013 at 23:05
main aur meri wife main 3,50,000/- life time settlement compromise ho gaya hai , aur main 2,00,000/- 13 - B ki petition file karte waqt apni wife ko de deta hu aur rest amount Rs, 1,50,000/- order/judgement of u/s 13 - B dene ka compromise draft kar ke petition ke sath court main file kar deta hu. To kya meri wife before judgement of 13 - B divorce lene se mana kar sakti hai. us condition main court meri wife ke against kya action le sakti hai. Aur jo maine 2 lakh petition file karte samay wife ko diya tha mujhe wapas mil sakta hai kya ? please jarur bataye..
pritpal rajput
01 March 2013 at 22:36
maine apna divorce ka case 28.2.2011 main not press kar liya tha , kya ab main 2013 main divorce petition ko restore kar sakta hu.
Member (Account Deleted)
01 March 2013 at 18:54
By reading many threads of this forum that maintenance given to wife is given 20 to 30% of Husband Salary.
Is this maintenance 20-30% calculation after all liabilites (rent,medical bills etc) or just on gross in Hand salary.
MANDIP SINGH
01 March 2013 at 11:19
Dear
Can you please guide me for divorce process
I Married on Oct 2008. (Before marriage we offered for the free marriage and only reception ,but they denied it)Everything gone Okay up to the Feb 2009 ,she was with me at Jamshedpur for 4 months where i was working on a good job about 20000/Month salary,
Feb 2009 – She Got Pregnancy and Came back to see her Mother (affected by Breast Cancer earlier)
May 2009- Her Mother Passed away due to long ago breast cancer. (We asked her to stay there if she needed to support her family for a short time).
Aug 2009 – My Sisters went to see her where they were Humiliated and Insulted by Her Father.
Sept. 2008 – I went to see her but they humiliated and Insulted me also.
Oct 2009- My Mother went to take her back ,She also Insulted and Humiliated.
Oct 2009- I Got baby.
Nov 2009 – I came from Jamshedpur to see both of them. Where I was Humiliated (Father in law asked for 4 lacs and 40000 that has been spent on Marriage and delivery to bring my daughter back). Video enclosed.
Dec 2009 – I asked my wife to go with me for abroad education and life settlement if she is not fitted here. She denied.
Jan 2010 – I went to my In laws and told that I will go by 18 Jan 2010 to UK for study.
In UK I sent her money also ,Visa letter worth (70000 INR) ,asked to join me, she refused to come over there. Even she was not answering my phones. (Informed to NRI Police station HSP)
18 Aug 2011 – I came back from UK (as to save my family life) . Leaving Post study work and Permanent Residence Status offer .
Sept 2011 – After Coming I tried for job and got it so I booked tickets for Jamshedpur to leave Mukerian on 3 Sept. 2011 to stay away with my wife.
Spet 2012 – I carried her with me to celebrate (Raakhi ) I left her in the night and went to get my raakhi from my sister near to village. Suddenly when I came back I saw her with a person and opposed her . They threatened me to put false allegation of 498A. To see all of it I lost my brain consciousness and went to Himachal. After two days I came back to my MC where he told me to go directly at Police station dasuya and report for the same.
Sept -2011 – When she came to know about Jamshedpur migration She put false allegation of 498 A at Dasuya Police Station (In enquiry it was found false)
In Police station she asked me at that time to be separated from my Parents. (Although I was earlier agreed even). Panchayat made agreement that both will be freed and there will not be interference of families. At that time in front of SHO and other members her father asked “ If you want to go with Mandip , don’t come to me”.
Oct 2011 – We shifted to Mukerian to Ludhiana. She insisted me to go again back to her home. Being adjustment I brought her back four times to her parents. There she was meeting with her Cousin Sister also.
Dec 2011 – We spent 2 months at Ludhiana . I told about my new job at Delhi ,at that day she ran away from room and My Home owner settled the things two times. When I told her about relocation she came to her home at bodlan and asked that she will not move.
Jan 2012 – I tried go her home but she refused to meet me.
March 2012- I came back to see them in Holi Festival . as I was supposed to be there on Thursday apparently I reached there on next day and entered my in laws house suddenly observed that my Wife is with one person and my Father in Law is outside. When I saw them without clothes I could not stopped my self to ask for the same. In the meanwhile both my wife and that man attacked upon me and thrashed that I have come here to beat them . I can recognize that fellow by face. They beaten me and asked police to put heavy cases . Without knowing my confession Police Put me IPC sec 107 -151. In the police station she asked me to pay 10 Lacks for divorce.
I have claimed sec 9 of HMA RCR last 1.5 Years Old. I received two time ex par-tee decision ,but now she claimed directly 24 HMA ,although i am paying expenses for child without even court order .
Now am i eligible for Divorce on cruelty and serration basis. I am ready to keep my daughter with me...
Kalyan Ghosh
01 March 2013 at 09:10
IN A MUTUALLY CONSENTED DIVORCE CASE WHEN THERE IS NO DEMAND FROM EITHER SIDE(WIFE TO HUSBAND AND HUSBAND TO WIFE)IN RESPECT OF MONETARY MATTERS LIKE ONE TIME ALIMONY/ MONTHLY MAINTENANCE CHARGE ETC,WHETHER THE JUDGE ON HIS OWN CAN IMPOSE SOME BINDINGS ON THE HUSBAND BY PAVING WAY FOR SOME MONETARY BENEFIT TO THE WIFE.IN THAT CASE WHAT REMEDIAL ACTION CAN BE TAKEN BY BOY'S PARTY,AS THEY ARE AGREEABLE TO MUTUAL DIVORCE ONLY ON NO CLAIM BASIS
Member (Account Deleted)
28 February 2013 at 16:57
Learned Sirs and Madam!
I have two queries today and I will be thankful if you can answer.The background case is I used to work abroad and my wife mutually left around 2009.Finally I filed a case in the lower courts in 2011 for contested divorce as they wanted huge alimony for MCD.In the last 6 months I have returned and now living with my parents. In the lower courts,Interim Maintenance of 15000 was granted and I paid arrears of 2 lakhs. After receiving the arrears sum, my wife has appealed in the High Courts to increase maintenance while the divorce case in the lower courts is continuing.
My queries.
1)Is the appeal judgement in the High Courts published on sites like Indian Kanoon automatically or is it at discretion of the judge?
2)The opposite lawyer has requested my lawyer to produce my passport and my bank account details.Is it my duty to produce this?Can the courts force me to do this?
Grateful for your answers.
pannerselvam D
28 February 2013 at 16:36
One of my friend's father was expired on 09.12.2012.The deceased has three wives.First wife died 40 years before.Decease first wife has one son who is married and he has two sons.
Second wife is alive .She has two sons and one daughter.All of them married.and they have childres.
Third wife is a sister of second wife.She is also alive and no issues (No children)
The deceased was neither written a agreement nor will on the property. Deceased property belongs to self acquired property.
How the deceased prpoerty devlove among the family members.What is their proportion.
My friend is a second wife's son.
What share he will get among the family members from the deceased property?
Rds
D Pannerselvam
ragz hyder
28 February 2013 at 00:01
Is there typically any rule of thumb for Alimony. From what I have been seeing and reading Alimony is meant for maintenance purposes. Not too extravagant not too little either and for a working wife its going to be even less.
The respondent - the would be ex-spouse is working and working well in a software firm after having a bachelors in Engg in Comp Sci. what can be the expected terms of settlement. I am an NRI.No Kids - thank God.
I am really surprised at the recent SC decision where a clearly proven case where girl was torturing the husband - a regstrar through all false cases against him/his parents clearly proved wrong and was awarder 15 lacs as permanent alimony. On What basis?
DV victimmmm
27 February 2013 at 22:04
Dear All, Wife had filed DV in Nov 2011 and crpc in Nov 2012. crpc 125 case is same as DV case, only the name of law is changed in the application.
In the DV case, interim maintenance was rejected and it is dismissed today(27/02/2013)by the JMFC court.The court mentioned following points in the judgement.
1. Wife alleged that she was not provided medication during her pregnancy.I submitted all the medical documents for the treatment which was done by me.Wife agreed to those documents.
2.Wife alleged that she was never allowed to go out of the house during her stay with me.I submitted certificates about different educational courses she did after marriage. also she admitted about visiting her mother's house many times during 3 years of her stay with me.
2.Wife said that I did not bring her back to my home after pregnancy. I submitted medical documents of my daughter's treatment and vaccination which was done by me at my home town. Wife agreed during her cross examination about daughter's vaccination and also agreed that she lived with me after pregnancy also and she is living at her mother's house went there for her brother's wedding.
My question is , can I use this judgement to quash the crpc 125 case.Kindly advice about the same. Thanks
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Property
hello all,
i had a brothr who died before my mother as also his wife.he had a share in an undivided HOUSE along with 4others.what does hindulaw states about the division of his share withthe surviving mother at the time of his demise? can she write a will which includes that share?
rammohan