Amit
04 September 2012 at 19:29
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
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
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.
Puneet Bhardwaj
04 September 2012 at 12:16
I got married in April 2010. we had disturbed life immediated after we returned from honeymoon. My wife had told me she goes for meditation once in a month for two hours to which I had no problem. After two months of my marriage she started going to her guru from morn.0800 Hrs to 2130 Hrs. Hr mother used to pick her up on every Sat & Sunday inspite of my stopping her. Both of them declared that I should have my own friendly circle for week ends and National Holidays as she would be with guru and Her Guru was her first priority, 2nd her parents and 3rd husband and my parents had no place in her life..She started threatening for divorce and at times suicide. She had hidden from; me that she was suffering from PCOD, Depresssion and Fissures problems. She destered me 3-4 times for a period of 15-20 days each. Her father used to tell my father "Keep them away this will create ignition between them.
Then Last when she deserted me .For three months I tried through my relatives, friends but she did not come back. Her parents also did not respond.Inbetween she went abroad for one month and did not provide me her Flight detail, Hotel details. Coming back details.
Finally my lawyer filed Judicial separation thinking that they would run to come back to matrmonial home. But she filed maintenance case. The case went to mediation in the first hearing and mediation failed as I refused to stay with her.
We provided detailed case of her income, my income, expenses, investments. The court ordered to product financial details of both of us with income tax returns.- which is in process.
She is earning 6.5 lacs p.m and now claims she has left the job about a month back.
They have put case in CAW Cell, with inflated list. We have returned admitted list items (Genuine) Her digital locker was opened in presence of police. The case is going on.
The have filed DV case after one year of separation.
During the first date my lawyer told me that she would handle the case and we do not need to attend. However her assistant could not manage passover and she reached court late by an hour. The judge told that during the next hearing exparte decision would be taken. However she convinced the judge showed her airticket etc. and the next date was taken as 4th Sept. Today we went to MM court and judge was on leave. Reader had our date of today.Steno had date of next hearing sometime in End Dec.
My wife father was present whereas the attendance was shown both my FIL and my wife. My Lawyer's attendance was not shown
her assistant's attendence was not shown during the first hearing. My lawyer is saying she will manage.
I am confused , Can u guide me . Do I need to change my lawyer. My wife has demanded maintenance and compensation here also.
Naresh
04 September 2012 at 11:15
Dear Experts,
I have the following situation
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Wife's version:
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Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"
But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.
Husband's version:
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In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.
My questions are:-
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(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?
(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?
Regards
Anonymous
04 September 2012 at 07:27
A & B are husband & wife. A is having affair with C who is married with X. Out of A & C's relationship D is born to which name of X is shown as father on record. A has filed divorce petition against B on the ground of cruelty. C, D, X are not parties in said divorce proceeding. Matter is still subjudice. How B can prove adultery of A with C ? How DNA test can be asked about paternity of D ? (all are doctors).
hello good day
03 September 2012 at 22:47
sir/ms.,
good day !!!
like to know are there any provision in law/regulation under which in-law can file a suit against parent of their dauighter-in-law for not allowing her to go to her marital home ?.
if there is such provision, then in that case, suppose in-law take recourse through it to bring her back and in process if she declines to come back then what is the counter action in-law has to face ?
regards.
gautam.
samarth verma
03 September 2012 at 18:15
hello friends, I am Samarth and i love a girl and want to get married to her but neither my parents are ready for this and nor her. Both are against it.
So we both decided that we will left home and move to some other place far from our cities and get married there from Arya Samaj and get it registered with ragistrar.
Now our problem is that we dont want to get back to our parents. So i am taking precautions and not telling to anyone where i am moving.
So i want to know that can our parents file a case against us and get access to our call records. Can they listen to our talks which were already held. What are the means through which they can trace us.
Moreover can someone get access to our facebook accounts through a court order. And if delete our all our message and chat records, can they still access to our messages ?
One more thing we are both above 18 yrs old.
Thanx in Advance
Samarth
xxx
03 September 2012 at 15:09
My son's access is scheduled in Bandra Family court on working Saturday. This time, on 5th Saturday that is 29th September 2012, there is is Anant Chaturdashi (Big Ganapati's emersion). I just wanted to know whether Family Court has holiday on 29th September 2012 for the occassion of Anant Chaturdarshi.
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?