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
hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
Prakash Jha
10 October 2012 at 20:09
Let me start with you all. I’m recently married within 7-months of marriage, there were quarrels but it use to subside We did not investigate about her neither her parents/family , eventually one of her aunt stays at Hyderabad her daughter called my office spoke with my Manager like how I`m working ,etc? Then we both used to talk over phone and finally married (hell).
One day she went to Bombay without informing us and her aunt who stays near her place called us were is she , we told she deliberately left home that night at 10:45 pm my father received message from her “I`m going to Bombay take care” after few days she her father and her aunt came to our place took transfer all her belongings and her gold ornaments ,she did not inform us that she transferred her job.After 2.5 months she replied from her lawyer that we are demanding money,asking her for money,etc,and also to purchase flat if she is allowed to stay with us. After Marriage she used to speak over phone with someone when I asked her to whom you are talking she replied to her parents , one day I took the phone from her and she was speaking with some Boy .She said he is my office colleague and that Boy is asking me please take care of her she is good ( who the hell is he?)
I started going to her email I was surprised that she used to chat with so many Boys with 5-6 months before marriage she says to one boy “why can`t you come to our house” and “my parents wants to see you and also her parents are interested in that boy” there were many chat`s which I’ve seen from her email
Now ,she says she is mentally not well and to pay her 1 – Bedroom at Bombay, 180 grms of Gold,her maintenance 15,000 INR or 10,000 INR.
Sir- I`ve taken loan for my marriage she and her parents knows this, however we do have her call details for her when she used to stay with us. She also wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents.Now at this situation I`ve again taken loan as our lawyer was saying (is this is correct) so that my earnings will be under her expectations and moreover my father is retired and mother is house wife they both are dependent on me.However, she and her family members has registered a case towards me and my parents Domestic Violence Act we have been for our first hearing at Court and next date is next month.I`ve been to several websites which says is Wife is working she cannot demand money is this is true (how far this is true) and in what cases court will support us , because in the paper from which was replied from her lawyer it clearly says she is working . Does court needs evidence then in what grounds is my lawyer enough to support us and how does this divorce will work our here?
Please I`m really looking for suggestions and advice ,please reply
SANKET UPADHYAY
10 October 2012 at 15:03
According to juvenile justice act which court has jurisdiction to give orders that he/she is legally child of parents who adopted to he/she? can chairman of juvenile justice board give this type of order ?
Member (Account Deleted)
10 October 2012 at 14:56
My marriage took place with Sravanthi D/o late Sri. K. Adinarayana and Smt. K Padmavathi at Nandyal according to Hindu Shastric, My wife parents are belongs to Tirupathi, her mother is Employee of Karnataka choultry at Tirumala, it is an arranged marriage by the elders of the both sides.
We blessed with baby boy on 6th September 2011, we conceived second baby in April and went to general checkup in first of June 2012, in general test doctor has confirmed my wife infected with HIV and doctor suggested to do HIV tests to me and my son, thank god we are not infected.
I haven’t believe the report and went to second opinion and third and fourth as well on advance HIV tests with (Vimta, Ranbaxy, Religare laboratories), finally Head of the department at NIMS, HIV division, after few tests they confirmed it’s in advance stage to my wife, and suggested to meet Doctor Professor Medicine as per doctors advise immediately we terminated and started medicine to control the HIV virus in her body.
In above process doctors where wondered and shared few doubts due to immunity system where it’s got damaged lot. and I have started searching and enquired about her father’s death, got to knew he died with AIDS and her mother also have AIDS and she is taking medicines from several years.
When they approached to us about marriage proposal they intimated he died with heavy drinking habit and slightly infected with TB in last stage. When I expressed same to my wife on 6th June 2012 she confirmed she knew it long back and she has given warn if I will share this information to my parents and other relatives she will suicide. After thinking about my kid future I haven’t shared with my family and relatives including friends.
I have requested her mother and elder brother to come Hyderabad and have meeting at their relative’s house, my wife’s mother and her sisters and their husbands but they reacted aggressively and said, they don’t know about this before marriage and do what I want, I lose my kind wits and expressed same. They never care about my family and kid life. I have expressed same to other members. Finally they agreed and had a meeting on 11th June at Mr. Pardha Saradhi’s house her mother confirmed same and I found death certificate and medical reports are confirmed he died with AIDS and her mother started diagnosing every year after her husband death. She has started using medicine before our marriage. after all I have to look my kid and controlled my angriness and back to home, after the meeting I requested my wife to stay with me.,. Before reaching to home my wife again given strong warning that if I will share this information to my family she is going to suicide. (Since 10 days my dad and mom where staying with us and caring their grandson were my wife is hospital due to termination). After that also she has given several warnings if share with anyone she is going to suicide. I haven’t shared anything and went to counseling.
After that none of the above people are not contacted me i thought it may be the incidents hurts lot. In mid July 2012 I got to knew they are in regular touch with my wife and the interesting things is they all knew the issue before marriage and they hided wontedly. When I asked my wife she has deleted all numbers in her mobile and destroyed the SIM and made drama of suicide. I got scared and requested her brother to take her to their home few days and give a positive feel on life. Her brother and mother came on 22nd July 2012, that time her mother has expressed different thought’s like deposit some money on her daughter name, divorce and leave the kid with them, I have refused, after next week 29th July 2012 she went to Tirupathi, before going to thirupathi I have expressed my dissatisfaction on the above incidents and requested for divorce she said ok but divorce has to happened mutual understand and not share the truth. On 2nd August I got call from her saying that she is not going to give the divorce. I said ok and requested to come Hyderabad because my kid is more affectionate with me. she came on 8th August.
From that day onwards she started behaving in different way, using vulgar words, not preparing food and expressing different ideas, on 15th August I was on off. She started abusing me, in the evening I called my father said above things, from that time she become rude and wants to go thirupathi, I have refused and requested her relatives to take their home and I went out to bring food, when I am back I came to know my wife has left home with kid, entire jewelry and cash and went to their parents, in the middle of the night I got a call from her brother and other relatives and they warned to kill me and my family and abused very badly, I requested them to come to Hyderabad and we will have meeting and decide what is the next steps. In the mean while I have tried to interact with their elders as mentioned above, but they are very rude and given warning like they will file the case on my family, I have tried to n number of time to reach my wife and their parents but it went to vain, today morning I got the call from my wife and she confirmed she and kid reached safely to their parents and expressing she is going to file the case against different issues, but I am not in position to take any further steps due to my kid where he is not in safe hands. after lots of request they came on 28th Sep with their relatives and friends to my home had big fight finally my wife got my my mobile call list and saying i have relationship with my friend and we both are injected HIV to her. and she is calling to all numbers in the call list and saying things, she put wrong massages in my social networks and absuing badly. i mentally pissed of i don't know what to do.
rahul
10 October 2012 at 12:46
in my case karans father is running factory on ancestoral land.he has set up factory himself.but karans father took loan from huf.now the income generated from factory is used by karans father as his own.and giving rent to huf.can karan claim his share from income generated by factory
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False 498a & divorce
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