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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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stolt   05 September 2012 at 19:38

Hma u/s sec 24

1.I have been paying interim maintenance of 8000 rs per month as per ACJM order against 125 crpc/ opposite party had asked for 78000 rs per month, self in merchant navy, working on contractual job, they had produced one of my contractual job offer letter dated 2009, mentioning salary-professional charges 7700 rs per day and basic salary 15000rs per month/contract period was for 3-4 months.
2.self had filed divorce case HMA section 13(i),opposite party has asked for alimony under section 24, asking an alimony of 78000rs per month and 50000 rs litigation costs, ADJM barasat court kolkata granted 20000 rs per month and 30000 rs litigation costs.
3.I am shocked,i did not even see a ship for last six months and i hardly go to ship, due to so many cases she has piled against me, 498A/506/406/34 at different courts.
4.My divorce lawyer has mentioned that he his presently a student and studying BBA, i have even given documents sufficing my statements.
5.They have only one contract letter xerox of mine dated 2009, which mentions basic salary 15000 rs per month and professional charges 7700 rs per day.
6.it is true that i earned 2 lacs per month,that moment of time.
7.also my IT return filed for last 2years 2011-2012,2010-2011), gross amount 6 lacs and 5.5 lacs.
8.should i give my IT return for the last two years,when i appeal at civil high court for revison.
what should be done????

vikram   05 September 2012 at 18:36

Inheritance of ancestral property

does a child born from a legal second marriage,(first wife has been legally divorced),entitled to ancestral property of the father

xxx   05 September 2012 at 15:41

Access of the child

My daughter is 4 years old. My husband is asking for overnight access in the court. However, considering the tender age of my daughter, she requires me in the night and can not sleep without me. How do I tell this to the court as there is a high possibility that court may grant overnight access. My daughter also tells her father she does not want to come to his house to stay without her mother.
Pleae give me the reasons that I can tell court for not giving overnight access at this age of the child.

baba   05 September 2012 at 15:34

Legal seperation from brother

I am 26 year old and goverment employee, my eleder brother and his wife are a loudly abusive person . They are daily mentally torture me and my parants.
can i legally seperate to my brother.
plese answer my query.

Socialist12   05 September 2012 at 12:51

Divorce

"our client is ready and willing to join her matrimonial home alongwith her husband, provided your client provides her and her child a seperate house for them as per law, away from the residence of parents of your client, or even our client is ready and willing to join and reside together with your client where he is working/residing now, without leaving her employment, and this fact is intimated to your client several times by our client. Our client ia currently not in a position to leave her employment as she had no financial support from her husband to take care of herself and her child, and his current employment is not permanent, which makes the child's future insecure. Our client informs us that, instead of making arrangement to join our client and her child your client for the reasons best known to him he is indulging in the unlawful act of compelling our client to dissolve the marriage by mutual consent"

The above is the reply for the consented mutual divorce notice.

Earlier in the exchage of mails, the wife agreed to MCD saying NOT A BAD IDEA when suggested that both jointly petition the court for MCD and therefore notice for MCD was sent. Have one female child aged 2 years. The wife for customery sake saying that husband and his parents tortured, gave mental harassment and what not. Both husband and wife stayed together for one year and the wife left matrimonial home exactly one year after marriage. It is 2 years 10 months seperation. wife left matrimonial home Nov, 2009. Husband took a job abroad in March, 2010. Since then he has been calling her to come to his place and live with him. She has not responded. All registered letters sent to her were returned with markings refused.

NOw Is there any law that forces a husband to provide a seperate house, discarding husband's octogenarian parents suffering from heart problems, kidney problems. Is it not a bounden duty to keep the aged parents with him(husband) than going seperate with wife in the same city. The husband does not want to leave his parents at any cost. contemplating to file full fledged divorce petition. What are the problems he will face in the court. He is unemployed and would probably ask for maintenance from his wife who is lucratively employed, drawing around Rs.3,00,000(3 lakhs per month). Wife is having her own palatial home. Husband is having a flat bought under home loan, regularly paying EMIs by hook or crook, the flat documents are with the lending bank and will be released once the loan is repaid. Does the wife has any share in the property. Also

Need helpful advice as there is no chance of getting united. Husband will never leave his aged parents lurking.

raghavendra   05 September 2012 at 08:19

Recovey of gold

sir,

my wife has filed divorce petition in Bangalore court with out maintenance, than at time of her evidence she filed interim application for maintenance ,i have filed objection to interim application ,
my question is at the time of marriage i have given lots of jewellery to her now how to recover that from her , can i also file interim application to recover entire gold given by me to her ,



thanks in advance

Saikat Sen   04 September 2012 at 22:35

Mortgaged property

Rambabu has 3 sons & his age is 72 yrs.Bank gives him a loan along with a son as co borrower.He mortgaged his house to bank.After his demise who will be liable to pay the loan?All the 3 sons & wife or only the son who is in the loan?Can Bank acquire the property after the loan become NPA.Is there is a chance that other legal heirs(2 sons & wife) can file a suit against bank to get stay from acquiring the property?

Pls reply?

Amit   04 September 2012 at 19:29

Appeal notice not received

I'd like to know if divorce is granted to one party and the other party appeals in HC but the winning party does not take notice (set up the house somewhere else) and gets married after the stipulated 3months what will courts say?

BTW I am not going through this situation but wanted to know "what if".

Divyesh   04 September 2012 at 15:25

Name change in birth certificate in case of divorce

Hello everyone,
I would like to ask question regarding one issue and need proper guidance. In my family, one of my cousin (female) got the divorce and she has 5 years old daughter. In birth certificate of her daughter, father name is specified who is husband of her from whom she got divorced. She want to change father name in her daughter's birth certificate. I would like to know what are the possibilities to change the father name in birth certificate. Can we change father name? Please give me guidance what procedures we need to follow.

Thanks,
Divyesh.

Abhijeet   04 September 2012 at 13:41

Interim maintenance.

Greeting to All,

I am Anirudha I live in Mumbai, got married on 31 Jan'11.My wife has filed a case in congenial court and she is not working. I have submitted my official pay slip of Rs. 42500 pm to the court. I have a loan against which I have to pay monthly EMI is Rs. 22000 pm. I have provided the required document. My rent is Rs. 14500 pm.. I have the notarized agreement which my layer did not ask me. As a result my layer failed to submit the rent agreement to the judge.

Based on this the court ordered an interim maintenance of Rs 15000 pm to my wife. I can produce the rent agreement to the court. As currently I am hardly able to save, honestly I cannot afford to pay Rs 15000 pm to my wife.

I feel that the court was not able to asses my situation before giving an order of Rs 15000 pm as maintenance.

Please guide me as to how to take my case forward and pay a fair interim maintenance.

Also my advocate says that the next hearing date is decided by the judge. I have to travel to pune for the hearing. I am comfortable on Saturdays. My wife live in Pune. Is is possible to book the next hearing date as per my convenience.

Thanks in advance for your advise.

Anirudha.