kiran
28 August 2012 at 01:49
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
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
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
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
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
Santosh Nanda
27 August 2012 at 15:11
Can Any one tell me that how much of Stamp Paper is compulsory or require for Male Child Adoption Deed according to Hindu Adoption Act?
neha
27 August 2012 at 14:13
hello sir
my friend was in calcutta before 5 years.he got hindu married there on 5november 2007.from the day from merriage he is in delhi.neither side parents were present in that drama.only photos and registration they have nd continuously blackmailing his family.merriage is also not consumated.
can he filled for divorce...........
she has created account on facebook to hurt his nd family social value and added some friends from delhi nd his relatives nd account is on his name...........
she has written a lot on that acount for him nd parents.....
how should he proceed ..............
plzzzzzzzzzz answer
*parents presence is important?
*not consumated how he should proceed that?
*its almost 5 years?
*he not met her from the day of merriage?
* i want to marry with him now how should we proceed?
Member (Account Deleted)
27 August 2012 at 10:45
I am a helpless father , i can not meet my son till 1 year ,In May'2012 i filed child custody , interim visitation
case .My wife filed 498a/406/34 agains me and my parents this month.Before that no police case , child abution case was filed agains me.
Hearing of child custody case is on 31'Aughst.
My wife is govt.Employee.She and her lawyer prepaing such a way that i can not meet my son.
Will court give me interim visitation right if they resists,is there any law that can resist me to meet my son ,
if there is , then how to proceed ?
lk dwivedi
26 August 2012 at 22:49
a case against my daughter married with a NRI boy(living with father at Muscat, mother expired on 04.04.2010)on 20.01.2010 at Raebareli and deserted her on 01.04.2010, has probably been filed in the family court,Banda-Kurla complex, Mumbai. As per telephonic information by daughter's father in law from muscat,Summon sent by family Court, Mumbai to my daughter for appearing in court on 27.07.2012 not received by respondent being outstation. probebly next date for appearing in court fixed for 14.08.2012.
My daughter deserted by NRI husband (at Muscat, Sultanate of Oman) on 01.04.2010 after only 70 days of marriage. Visited many times their well off relatives at Mumbai requesting for mediation as advised by hon'ble Experts earlier but all in vain rather they are helping them in filing the divorce case in court at Mumbai which we understand is not under sec 13B of HMA i.e.
by mutual consent.
Earlier in last Nov'2011 we agreed for Divorce by mutual consent but they did not agree to come to court at Raebareli apprehending a trap by us.
Request your kind views & guidance :
#How can we know the facts/grounds of the petition,unless we receive the summon again?
#Do we need to attend the family court,Mumbai on next date of hearing i.e. 14.09.2012 without receipt of summon?
# Do we need to engage an Advocate at Mumbai , if so what would be charges normally or any forum/NGO available at mumbai for free legal help?
# Will it be advisable to file a case now under DV Act from daughter's side at Raebareli where marriage was solmnised and the girl's is staying with parents?
#Being retiered from services in 2010, feel very uneasy to face legal case due to financial constraints,not keeping good health and social set up yet desire to get rid of the issue
# Request plz. help and guide for necessary steps.
Thanks & regards
LK Dwivedi
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
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?