sensitiveman
11 October 2012 at 21:09
Dear All,
Wife filed divorce petition under mental cruelty. Already had 2 counselling sessions. In the 2nd counselling session, mutual consent was taken regarding the interim child maintenance and access. The query is that I had a property in joint ownership with sister and I gifted my share to mother after the mutual consent of child maintenance, I wanted to give the child maintenance genuiely but dont have huge savings in my name except that property so in case I lose my job and unable to pay maintenance then still judge has the power to attach my gifted property to mother for the recovery of maintenance ?
Thanks in advance.
pushpakrishna
11 October 2012 at 19:27
Dear experts,
wife filed a case against husband for diverce case.the court given the judgement in favour of wife stating marriage is null and void.where it has to be APPEAL.Dist.court or High court kindly advice.
Pandit Kumar Raje ( Bhosle ) M
11 October 2012 at 17:57
Dear Sir,
Will you please help me to know that-
Where the husband bona fide wishes to execute the decree for restitution of conjugal rights but the wife unreasonably refuses to obey, what prayer is made in this case or what land mark order has beeen passed in such a case by the concern court in this execution petition?
Thanks for guidance.
Raje.
Dharmender
11 October 2012 at 14:30
Is this compromise deed good or do i need to make more changes to be on safer side. I am husband in this case.
1st party wife
2nd party husband
a) That as per compromise dated 11/10/2012, the 2nd party i.e husband will give amount of Rs. 5,50,000/- against the maintenance, permanent alimony to the 1st party and her female child Lavisha, which shall be received by the 1st party in two installments. First installment of Rs. 2,75,000/- DDR be received by the 1st party at the time of filing of the petition under Sec. 13- B of Hindu Marriage Act and second installment of Rs. 2,75,000/- will be paid to the 1st party at the 2nd motion of divorce i.e decree of divorce and this maintenance includes the maintenance of 1st party and female child who will be kept and maintained by 1st party and both will be having no concern in the movable or immovable property of 2nd party and any of his family members.
b) That after obtaining the decree of divorce by way of mutual consent both the parties will be at the liberty to get marry of their own choice to live their balance life peacefully and no one create any hindrance for each other in future for bear new married life and both the parties have permanently severed all their marital ties and connections from each other and both of them are at liberty to marry anywhere with anybody else and the settlement between the parties is full and final settlement which includes past, present and future maintenance of 1st party and her female child and both the parties will not be having claim of any kind against each other and on each other properties and assets in future.
c) That as per the compromise dated 11/10/2012, 1st party will withdraw all the cases filed by her against 2nd party and his family members and both the parties will not file any type of complaint / case against each other regarding this marriage except the petition under Sec. 13-B Hindu Marriage Act and 2nd party will not claim the custody of minor daughter Lavisha in future.
d) That this compromise will be binding on both the parties and if 2nd party will back out by any of terms and condition of this compromise then his paid amount will be forfeited by the 1st party and 1st part will be at the liberty to re-open her cases again against the 2nd party and his family members and if 1st party back out from the said compromise then she will return the double of said received amount ( Rs. 2,75,000/-) to the 2nd party and 2nd party will also be entitled to file the complaint against 1st party in various sections of law regarding the same
Rengasamy
11 October 2012 at 13:22
I have problems relating Registration.
We have the property in name of my Grandfather,my dad having two brothers, my dad bought property of HUF,while my dad bought that property , he paid the considerations to all his brothers, that time he got signed from them in white papers stating that the property details with revenue stamp.
now the problem is that property not yet registered with my dad's name still . now my dad's brothers asking the share of that property current market value, they arguing that still now your not registered with your name, so we have the right to share the property. Consideration paid in 1990. My Grandfather is no more.
now what we can do for in this regards. Kindly help me.
Adv Digamber Dalve
11 October 2012 at 12:38
On whom burden of proof of income of husband lies in cases of maintenance us. 125 of Cr.P.C. support me with ruling
Member (Account Deleted)
11 October 2012 at 10:36
Dear sir,
My wife does not resides with me for more than 1and 1/2 yrs
1)We send several letter to come back home (with acknowledment)
to her parents house and her office(she is govt.servant)
2)I have a son(2yr) , i send money order to her for my son,she
refused
3)one fine day, we went for visiting my son,she denied ,we made a
general dairy
4)We file child custody case ,court send sumon to her, she receive from
both office and her parental home
5)She filed 498a/406/34 with the help of hight court lawyer
6)We got bail (me,my father -65(yrs),mother-58(yrs))
7)As the child cutody case hearing is nov,21(2012), we pray before
the court to give a visitation that we want to offer my child gift
and toys to my son as Durga puja(Bengali festival),they object the prayer
i could not meet my son
She has filed the case in the ground of mental Cruelty and child abduction
for my son
My question is that in this present senario ,can we go for 482(quash) to High Court.
Is there chance of quash.If we try to quash ,can we face problem in future
Please note that we have all paper document to our hand,
Police charge sheet has yet not been given.
atul
11 October 2012 at 02:58
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Court order
Dear All,
In a pursis of closing evidence because in trial court we were not given time to go to High Court, the application was made by us to the High Court. In the High Court we accepted stating change of mind about closing evidence and said we would accept it. Order was passed by the High Court.
Due to certain circumstances discussed later we decided that we have to actually close evidence in the trial court for reasons.
In this case would it be contempt of Court and in what manner should we put it forward to the trial court.
Regards
Atish