Pandit Kumar Raje ( Bhosle ) M
02 October 2012 at 11:56
What is remedy, When wife disobey the decree of restitution of conjugal rights?
sasha
01 October 2012 at 22:36
hi i hav put this query earlier also many times .the court has granted me the maintainance of 30000 rupees per month along with my two kids.my husband has given me few installments.i hav put section 128 but still he is not giving maintainance for last one year.tell me wat to do . he is not on govt job .presently he is showing that he is unemployed.he ia a captain in merchant navy.wat shud i do?
swasti
01 October 2012 at 19:20
Is there any judgement of annulment of marriage
Tajinder Pal Singh
01 October 2012 at 18:56
My Taya Cheated on my father as my father was suffering from diabetes and he was admitted in hospital in delhi. Mean time in Himachal my taya told to my grandpa that he has spent lots of money on my father so now onwards all property belongs to me. My grandfather got emotionally blackmailed and willed all the property to my taya. when we came back told the truth after that my grandfather realized the truth that he has made a very big mistake he was about to change his will but unfortunately he died in controversial circumstances, postmartam report said it is natural death. Now my father is no more. Can I claim for the property. or what should I do. ( my grandmother is also died)
Kiran
01 October 2012 at 18:16
Mrs A was running a business and also had few properties in her name. Mrs A died on 13 nov 11 without executing a will. As per survival certificate of Mrs A.. legal heirs were Mr A,one son & three daughters (married). Now as per verbal agreement between legal heirs, business was transferred to Mr A HUF, properties to Mr A and investments to son. to avoid future disputes, the legal heirs want to make in legal binding of above transfers. Can you please suggest me the legal documents to be entered between legal heirs?
George
01 October 2012 at 16:10
I am a christian.Got married in Jan this year.I am looking for a mutual Divorce.Could you please tell me the details for a mutual consent Divorce.When can i file for divorce,in which month.How many years of separation needed.Got separated in April this year.
Rajesh Tandon
01 October 2012 at 14:49
Though normally the pension cannot be attached by a court.
(i)In a normal case, a person after getting divorce from his wife keeps giving alimony/ maintenance as decided by the court,(if it is not a one time settlement). But what happens to the maintenance/alimony in respect of children if the first divorce wife starts earning/remarries. Is it the responsibility of second husband for maintenance of children from first marriage post remarriage of divorced wife or first husband continues with responsibility of maintenance towards children from first marriage(if staying with first ex wife & second Husband).
(ii) If a person gets divorced from his wife and thereafter keeps giving alimony/ maintenance as decided by the court, what happens once he dies. After death of the person (if he is the pensioner), would the maintenance/ alimony due be deducted out of family pension of the pensioner now authorised to his second legally wedded wife, (post divorce with first wife).
Rajesh Tandon
01 October 2012 at 14:39
(a) Brief Background -I have been doing their duties of Director, Ex-Servicemen Helpline (ESM Helpline) for quite some time. During the course of my duties, I have come across a case wherein an ex-servicemen who has died, but during his lifetime he had two marriages. He had divorce from the first wife and thereafter married for the second time. As for the pension regulations, an unmarried and unemployed daughter if there be from first marriage i.e from divorce mother is entitled to share of pension though the divorce mother is not entitled to the pension. In the present case, the ESM has one Daughter A, who is currently unemployed and unmarried from divorce mother i.e from first marriage of her father entitled for share of pension along with Wife B(second wife after divorce) as per the clause of division of pension under pension regulations. Incidentally Wife B(second wife after divorce) does not have any children. The details of the record of children from the first wife and name of second wife B are duly entered in the record of ESM held with Army authorities. As far as the matter of division of pension between Daughter A and Wife B is concerned, it is almost a clear situation. However, what is not clear is the latest development, which is that a third claimant for the pension i.e a daughter from third lady Daughter C has suddenly appeared in front of Army authorities. Based on the claim from the third-party, authorities in Army Headquarter have decided to distribute pension between three parties. The Daughter A visited the ESM helpline asking for a legal query as to what is the basis for any administrative authority to check, the claim of pension by a person whose name has not even been entered in the record of any ex-government employee. It has been learnt during the interaction with Daughter A that Daughter C is from a Maid servant D who used to work for her father.
(b) Query No 1 (on children born out of void marriages) - Since section 16 of The Hindu Marriage Act,1955, confers legitimacy to the children born out of void marriages& (Supreme Court verdict on Rameshwari Devi vs State Of Bihar And Others on 27 January, 2000), and accordingly, the pension regulation also covers the entitlement of pension two children born out of void marriages,kindly clarify
(i) as to what is the basis/documents for administrative authorities to decide as to if Daughter C is a genuine claimant born out of the void marriage or just producing some documents.
(ii) Is it that the third-party i.e Maid servant D has to first approach the civil court to establish her marriage whereby the civil court decides as to if the marriage occurred during the lifetime of second legally wedded wife B of ESM to declare it as a void marriage, and further establish as to if Daughter C is actually born from wedlock between ESM and Maid servant D.
(iii) Is it just producing of certain documents by the third claimant that the administrative authorities should decide about the division of pension for the third-party or should they rely on the true copy of the court judgement which says that Daughter C is actually born from a void marriage between ESM and Maid servant D. Unfortunately, I have come an instance of a person giving wrong declaration on an affidavit.
(iv) Is it that any administrative authority should rely solely on documents obtained from office of registrar of birth and death instead of any court judgement?
(v) Any other documents which administrative authority should take into account as a basis for deciding the claim for division of pension?
sarita
30 September 2012 at 18:49
hello sir, if any adult girl and adult boy was live together in relationship and after one and half year later girl know everything about boy and he is very bad person, like he is alcohlic, smoking and very important thing he beat that girl after drink and abuse her, boy have no respect for girls and womens. girl is graduate but alone, her father and mother is no more. girl want to leave that boy but boy don't leave her and everytime keep eye on her, so in this case how can she get help with police or mahila ayog or any other legal way. plz reply me she is my friend. -sarita
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Seeking divorce
Ours was a love marriage. We knew each other since many years before getting married. My husband since day one of our marital life threatened me about separation, divorce and re-marriage for no obvious reason. Two years back he and his parents forced me out of the house which they had done several times before. A day after I was forced out, I can to know that I was pregnant. I immediately informed my husband and my father-in-law. But their harassment continued. My pregnancy became delicate and to protect myself from further harassment I shifted to my parent's house. I delivered a baby boy a year ago who since his birth is with me. To build and sustain our marriage I sought help from two family counselling organizations but both failed. My husband continued to talk about divorce and re-marriage and on top of it asked me to give in writing or voice recording that I will not bother him in case he re-marries. Feb up with his attitude i am not speaking to him since a couple of months. This decision of not speaking to each other for sometime was taken in presence of a family counselor. My husband has become a vengeful person and he will do anything and everything to see me suffer. Now I want to divorce him, kindly advice how to proceed. I am a PhD student waiting for the final viva date. As of now i am full time mommy.