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lavender   04 October 2012 at 10:31

Divorce filing

In India, which jurisdiction can a wife file the divorce. she resided last at Mumbai but presently stays in native in Kannur in Kerala. Marriage took place in a different place in Kerala.Can a wife file for divorce in the place wer she is presently staying?

Rajeev   04 October 2012 at 00:19

Protection of my family

Hi Sir,
I need the help of experts to protect for my self and my family
I am staying in Delhi since 1995 and did my graduation form Delhi only in 2000. I am working with an MNC and staying with my wife and kids.
My parents and other brothers are staying in my home town which is in Uttar Pradesh.
One of my younger brother did court marriage 6 years back , everyone in my family has accepted it and they are staying in my parents’ house.
Sometimes my brother and his wife fights on small things and result of that his wife everytime says I will commit suicide and my family will see you.
Sir I am really worried about this , I tried my level best so that both of them can stay peacefully in the house but they fight at least once in a month.
I am staying 500Km away from them and do not visit my home town frequently , almost once in year for 4-5 days.
Kindly suggest me how legally I can protect myself and my family from threating of my brothers file that she will commit suicide and her family members will take legal action..

Gaurav   03 October 2012 at 21:54

Mutual divorce - 2nd motion.

hi all,

My first motion order was 2nd April'12, and according to that we can file petition on or after 2nd Ovtober'12. I already paid more than 75% of settlement money also all the articles as per court order.
Can she betray now?
As now when my lawyer tried to call them they are not picking call and also not calling back.
Do we have any option other than this?
FIR also needs to be quashed after this.
At the time of FIR quashing I have to pay rest 25% of amount.

Please help & reply.

Regards,
Gaurav

Pandit Kumar Raje ( Bhosle ) M   03 October 2012 at 20:45

Appeal against interim order when distress warrent are issued for it.

DETAILS OF CASE
IN DV case431/11 on 01 Feb. 2012 Interim maint. order is passed. on 03 Apr.2012 Distress warrent issued to respondent. in Aug 2012 respondent filed appeal against interim oredr under limitation act . to DJ ( Respondent is HIV Patient but sound in helth. has second wife and four children from her. All proff is on court record)

QUESTIONS
1) Can appeal be filed under limitation Act?

2) When respondent know that distress war rent are issued, can he files Appeal against it.

3) in the mean time case came to the final order stage. Judge order that to know the sates of appeal one further date is given 10 Oct 2012 (this date is also for the date for 498(a),494, 34. case against respondent/ accused)
4) when stay is not granted by DJ on interim stay or distress war rent can lower court delay the matter to pass final order in this case?

Jitander Khatter   03 October 2012 at 17:57

Division of property

My father died in May 2004 without a will.At the time of death he had following family members
1 wife
2 wife & a son & daughter of a son who passed away in 1996 from his first wife who died in 1948 ie merriage with the second wife.
3. Unmarried son who died in Aug 2004
4. Unmarried daughter
5. another son
please let me know how the property shall be distrbuted. whether the property which shall pass on to the wife of the deceased shall be divided among the son and daughter of second wife on her death in 2007in terms of supreme court deciision that property shall be distributed among the children of the wife and not the children of husband. if possible also quote the citation of the deceased

Harshala   03 October 2012 at 17:52

How to get legal heirship certificate

is legal heirship certificate necessary for transmission of movable property? if yes what is the procedure to apply for the same? and for a movable property do i need to apply a succession certificate if yes what is the maximum court fees for the same?

Vineet Chopra   03 October 2012 at 15:47

Will

An immovable property is in the name of wife who is no more without making any WILL. His husband, two sons and a daugter are there now. whether husband will inheridate the property or all childrens and husband.

S P Goel   03 October 2012 at 14:03

125 cr pc citation of cases if petitioner have immovable porperty

Respected sir,

I am petitioner and filed a case u/s 125 cr pc for maintenance from my son.

I have immovable property ( flat ), court asked me give citation of cases where such situation was there, then the court will accept the case and will send the notice to my son.

Court agreed - house can not be given on rent,I am unempolyed, I cannot maintain myself, , son is earning Rs 2.25 lacs per month.

Kindly give your expert advice, references of cases and citation of such cases where petitioner of 125 cr pc have flat/immovable property and oblige.

I have been getting opinion from you and helped me a lot, please send maximum reference of cases and oblige me , sir

With best regards and thanks
S P Goel, Delhi
09810101999

vilas Damodar Vichare   03 October 2012 at 13:19

Regarding mutual divorce

maine divorce petition submit kiya hai 21st April 2011 ko abhi party mutual consent divorce keliye ready ho gayi hai.... ab vo petition mai mutual divorce me convert karanevala hu. Mutual divorce petition submit karane ke bad kya 6 months wait karana padega divorce keliye... ya vo 6 months period way of ho jayega... kyunki maine 21st April 2011 ko divorce petition submit kiya that or usiko ab mai concert kar raha hu Mutual Consent me to 6 months se jyada period ho jata hai na... please give me your suggestoin

sheetal sachdeva   03 October 2012 at 12:29

125 cr.pc

from which date amount of interim maintanenace calculated date of order or date of filing application