swasti
24 September 2012 at 20:56
Please tell me the rules related to admission/rejection of Interim Applications(IA) in family court.
In my case, wife filed IA to add mental cruelty ground into her divorce petition.
It was filed two years after filing the divorce petition, and the issue framing and trial has not been started yet. The evidence stage is still open. Now court posted the IA for hearing on next date.
Now, what are the options available to me to object the admission of IA?
I came to know from @Tajobsindia that whether the contents of IA amounts to the said mental cruelty or not doesn't matter in deciding the admissibility of IA.
So, on what points the admissibility of IA is decided by court?
Is there any points in my favor to get IA dismissed?
Manoj Kumar Jain
24 September 2012 at 18:09
My wife filed DV for Maintenance. Wife falsely state that my husband is a big contractor in govt deptt like namely A, B etc. to getting huge maintenance.
I have never done any business or registered in the deptt A, B, etc. or any other. I have neither registered as a contractor nor doing any busines any of the deptt.
I have collected contractor's list from various govt deptt including A, B etc for the last 10 years. None of the my name found in these list because I was not done any business. All these certified list put in the court.
(1) The false knowledge knowingly given by my wife pertains to my work in the court can leads in my favour.
(2)Can court consider these certified list in my case while deciding case
Manoj Kumar Jain
24 September 2012 at 17:51
My wife filed DV for maintenance. I have filed Sec 9 of HMA. Interim maintenance has passed in DV case. Both are pending....
I have put up various documents as evidence.
As regards the evidence of earning of my wife I had put up following documents.
(1) Pumphlate of Business of my wife.
(2) Handwritten note (appx 4 pages) of my wife regarding business of my wife.
(3) 138 NI Act case details, which was filed by my wife against her clients for dishonour of cheque of Rs 25000/- given by her clients to my wife. In these Documents collected from courts my wife is clearly states that " I am fashion designer and doing business related to fashion designing and provided services and sell costume to my client and client paid the amount of Rs. 25000/- by cheque. But cheque dishonour...
But my wife hidden all works now and denied her working in present for getting maintenance... Is the above evidence support my case to avoid the maintenance.
Sonika
24 September 2012 at 17:49
can we file a case of defame against my brother's in-laws who asked my brother to get tests to prove that he is not impotent just for their satisfaction. He got married just 3 months back but his wife does not like his attachment for his parents.They keep arguing about it from time to time. Now she (my bhabhi) has gone to her parents home without informing anybody when my brother was busy with my father 's operation and was out of station.
She has told her family that their sexual relationship is not good. Due to which four of her family members came to the hospital where my father was admitted in ICU and asked him to get his tests done just for their satisfaction. He got very disturbed after listening this and does not want to continue the relationship anymore.
I just want to ask whether there is any logic if in future I have to just frighten them that I can charge a case of defame against them.
hello good day
24 September 2012 at 16:19
Sir/Ms.,
My sister-in-law has not been stayed with my brother for more than a year.
Since he is deeply loved her, i understand he won't take first initiative to make a DIVORCE PROCEDDINGS.
though they don't file any case, but they do give threat indirectly in suggestive gesture & behave in such a way that one feel they expect us to take initiative .
r under impression that signature of my sister-in-law is necessary to file a case and assume that chances are she herself may not wish to take this matter that far so for that reason only they [her parent] cann't go ahead in spite of their wish and indirect threat.
like to know whether my assumption is true ? or their silence is for other reason to fulfil obligation of the rule of law or say to strong their case ?
is prolonged delay much more benificial on girl's side ?
thanking you in anticipation.
regards.
Sathya Prabhu
24 September 2012 at 12:14
It’s regarding my Grandfather’s property, which has been divided with my father (youngest), my Uncle and two aunts. My father and my uncle are the two major shareholders, so my aunts have been given 10 cents each initially. For getting N.O.C Certificate, my father gave his both sisters 5 cents more and we have got the NOC. Now we have found that my uncle has more share than my father’s. He made adjustments in the documents so that he could take more from my father's share, in that he has even marked a portion of land which is government land. After that my father corrected his document by removing that part.
As of now my father's side document is clear and he has lost around 20 cents to my uncle's malpractice. My doubts are,
1. Does this can be corrected with Rectification Deed between my father’s and uncle’s share?
2. If so, how long it will take?
3. If so, before going to Rectification suit can my father sell some part of his land which is legally my father’s?
NAGARAJ
24 September 2012 at 08:48
Dear Sir/Madam
my father expired 2 months ago and has left behind improper will which was written by himself in a plain paper with his signature. my question is my father was having a self made property of 1 built house which cost about 60 lakhs and 1 site Value about 30 lakhs and one more site which is under dispute. one more site given to my sister which is value of 20 lakh. my father is having 4 childrens, 3 sons and 1 daughter. He has divided the property in this manner
1. 1 site value of about 30 lakhs has been registered to the second son
2. 1 site valued about 20 lakh is given to my sister
3. the disputed site which is not yet registered is also in the name of second son
4. the built house is having 3 floor getting rent and in one of the floor i am staying
According to my fathers will the second son and the daughter is no more eligble for the remaining property and the other property i,e the built house should be shared by the two sons 1 and 3rd in the ratio of 30:70 also to my mother also some share to be given for living
my question
1. will this kind of sharing will stand legaly?
2. what my father's sharing of property is correct?. if it not proper sharing what can be done according to law
3. what is the procedure to make the built house to the 3rd sons name from my death father after giving share to the 1st son
since i have complecated queries i request lawyers to help me out please. i dont know anything about legal issues
shanthi
23 September 2012 at 23:18
Dear all,
He applied divorce one year back. I want to live with him. we have one daughter age abt 2 years old. he forcebly throw out me with my daughter whe she was 1 year old. after that no contact, i lived with my parents. after that i got job in singapore leaving my daughter with my parents in the month of mar 12. he got ex-parte divorce, i came to know this in the month of Jun. i came from singapore and informed the court that i was in singapore. then again i went to singapore. In the mean while my husband planned and kidnapped my daughter in the month of aug 6th 2012. during this kidnapping he beated and hitted my 8 months pregnant sister. he taken my daughter. she admitted in icu in very critical stage. dr informed to police. they gave only CSR. till this time they didnt file FIR. the same time i resigned my job and came to chennai on 07th aug. he applied AB. judge moved to mediation centre. after 10 times mediation he said he cant live with me. but 2nd day mediation he agreed to live with me. and 3 rd day he said i have to live with my daughter separetly near to his house. i agreed for that too. 4th day he asked me to give my passport to him. and undertaking not to leave chennai at any cause. i agreed for that too. finally he didnt come for last 2 days, he sent letter to mediation centre saying he dont come for compromise. I realised that he dont want to live with me..
questions:
I want to file FIR against him. because he beated and hited my siter
he has only visitation rights? what is the punishment to kidnaped my daughter and his cruel behaviour? because of him i loss my job??
what should i do to get my baby from him immediately?
raahat
23 September 2012 at 22:43
Respected Experts,
The above metioned cases are pending before the Hon'ble family court for last 10 years. The accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as well as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent will withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets as per muslim law. The seventh instalment will be paid at the High court at the time of quashing of FIR.
My Quations is :
1.whether above said settlement statement is enough for ful and final settlement of all matrimonial disputes.
2. After this statement can the complainant withdraw herself.
3. Whether the complainant can file DV case
4. Can the complainant or her children asked the share in accused propery or his ancestral property.
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Need divorce , need justice
As My sisters marriage was taken place in the year 2007 after 2-3 years we are in need of divorce , the respondent is not at all coming to the court as the judge had given the summons also they are not attending the court even the lawyer . what we are doing is the court wil call us for hearing & what happens is the court makes a decision of next hearing after 6 months .. now this november her age is going to be 32 , for a re-marriage also we want divorce . the main problem infront of us is the respondent is not coming .so that we can get divorce for my sister and we can give her a good life further .
i want to know , whether divrce can get in any other manner , if the respondent is not at all coming also ..... what to do to get divorce at the earliest . please help me in this case