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kiran   29 August 2012 at 22:05

Divorce in high court after losing it in high court

Hi,

I have lost a Divorce case in High court, and My wife has now come for a compromise and a memorandum of understanding is signed and submitted in sessions court of 498a.

1. what is the fastest way to apply and get divorce in High court again after the compromise.

2. Can we apply for divorce again in High court based on mutual consent.

Thanks and Regards,

Vinu John   29 August 2012 at 02:25

Court marriage --divorce

Hello Sir,

This is XXXX well I'm already divorced by Law. The question is for my friend as she did a court marriage from Mumbai and now she would like to get divorced and need some information about it.

Kindly help,

Regards.

Kalyan Ghosh   28 August 2012 at 15:03

The marriage law’s (amendment) bill 2010

It is seen Wife share in property owned by husband would be 50% even after divorce as per the new law .But if a property is owned by father of the boy and ONLY AFTER DIVORCE OF THE BOY FROM HIS WIFE the father gives the property to his son by will WHETHER IN THAT CASE the wife of the boy can still claim share of the property

Parveen Jain   28 August 2012 at 14:40

Gurdianship of a minor

Sir,If a Hindu man Made a Will in Favour of Minor Daughter and apoint Gurdian Her uncle(Chacha) instead of Her Mother,What is the Legal Status about gurdianship

saritaballal   28 August 2012 at 12:47

Right to succecssion of a daughter

my father remarried in 1995 and died in 2012. he is a coowner in the flat in which i live. he has made a will but the contents are not disclosed yet. the second wife of my father is living. what is the status of the flat in which i live? will it be divided to the remaining co parsners or only to my step mother?

kiran   28 August 2012 at 01:49

Procedure to close 498 case

Please let me know

1. The fastest way to close 498 case filed against me
2. The case is running in lower court/session court, can I close it in High court.

Thanks and Regards;

kalpana   27 August 2012 at 23:35

Jurisdiction

My client has filed an application for diVorce by Mutual consent my client is the wife she has taken the ground of jurisdiction on the ground that both the parties last resided together but the court has returned the petition on the ground of
Lack of jurisdiction can the court do so can she amend the application by showing that the husBand resides in that pLace and the court has juRissictoon

shekar hkes   27 August 2012 at 22:54

Dv case

Dear member please help me on the issue,I got married on 20-8-2008 and my wife left home on 15-03-2011 and she filed Dv case on 27-03-2012 after one year. Now case is running at the stage of internm order and for main DV compliant trail yet not started My Question can i go for High court to Quash the Compliant based on SC case law


Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011
IN THE SUPREME COURT OF INDIA


Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section
468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident
seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6)
of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C.
applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR
2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Rahul Sharma   27 August 2012 at 18:38

Non - consummation of marriage

Before I start, I seriously want to take a moment to thanks all the Advocates who is helping people like me and supporting them emotionally and technically to fight for their rights…THANKS A LOT !

Does Non-consummating of marriage a ground of divorce, does that means that marriage is not valid and can be considered to be dissolve

Just to give you all a background;

Got Married in Dec 2010

She left finally in April 2011

I filled RCR after all efforts got vain, in DEC 2011

In Reply/WS to my petition she accepted that marriage was not consummated though she blamed me for that but then accepted.

Now, Can this help me in anyways if I now want to go for divorce using this as a ground since she is not willing to come nor she is ready for any settlement they are demanding huge amount which can't afford at all even if I become their slave.
Please help me in understanding the right movement now....does divorce with Non- consummating of marriage would be a right move and any Idea what time generally court takes in such cases/decision.

I see NO fruitful result in running RCR anymore.. Please Guide.

Regards,
Rahul Sharma

Rohi   27 August 2012 at 16:42

Maintenance query

Hi friends,

I need Experts advice on this query.

Scenario 1:- Suppose if the husband is working in a Private Limited Company. His salary was Rs.25,000/- and he also got incentives on his sales and takes home around Rs.34,000/- to Rs.35,000/- per month which het gets paid by cheque and is also reflecting in his IT returns.

If a maintenance case is filed under DV Act and Sec.125 and the husband produces his salary certificate of Rs.25,000/- then will the court accept the salary certificate or will the court say that since the husband is getting incentives also on sales then we'll include the incentives also while calculating maintenance.

The reason why I am asking this is because Incentives are purely dependent on sales and are variable depending on Sales and market conditions. However the salary is fixed.


Scenario 2: Husband is working in Sales in a Private Limited Company and he was getting a Salary of Rs.30,000/- per month. However due to non-performance and not achieving targets his company has put him on Disciplinary Action Plan and given him the option to take a Salary of Rs.20,000/- per month and on top of that the company will give him incentives on the total business he gets for the company in a month. Then at that time if the husband produces his Salary certificate of Rs.20,000/- per month will the court accept the present salary or the salary which he was getting prior to disciplinary action.


Scenario 3: Husband is working in Sales in a Private Limited Company and he was getting salary of Rs.30,000/- but due to non-performance his company has reduced his salary to Rs.20,000/- at present and asked him to quit if he does not agree with it. If he produces the present Salary certificate of Rs.20,000/- then will the court accept it or go by the IT Returns of last three years.


Also while deciding maintenance plea does the court go by the salary certificate or by the IT return if the person is salaried in a Private Limited Company.



Kindly reply.

Thanks & Regards,

Rohit