Dharmender
16 August 2012 at 10:19
My wife has filed cases under DV act and 498a. They are pending from past five years we have a girl child. In DV act she has asked for maintenance of herself and the child.
If I will file divorce, can she ask me to take the child.Can she give me the 5.5 yrs girl child we had.
She is greedy in nature. After giving child will she claim maintenance though she is well educated and earning good salary?
Can I claim child maintenance if she gives me child?
sajid wahid khan
16 August 2012 at 09:31
dear expert
i have file 340 crpc petition against dv and 498a 3dp,also i have file Rcr court has expaty order for evidence but appposite party not submit w/s of rcr.
in 498a 3dp no any evidence and after pw1,2,3,4 cross i have teken certified copy and filed and filed 340crpc along with ipc sec court accept and given appearnce date so pl suges me what can do in first date in court can they will get bail or appeal against my 340crpc petition it is possible.
thanks
pooja dedhia
15 August 2012 at 20:18
how to determine the shares of co-parncers of huf when the huf is in existence as well as at the time of the dissolution?
what is the diff bet co-parncers bet members of the HUF?
who will decide the share of the co-parncers of huf? is he karta or by law operation?
can huf entered into agreement & become the partner of partnership businees? if yes, how can other partners of the firm act with the karta & its family member of the huf.??
can karta on behalf of the huf ,decide the way how to distribute the property belong to huf?
pooja dedhia
15 August 2012 at 20:06
opinion on below case study ---
can HUf gift his co-parceners rs 15000,by persuading stamp duty paid on gift deed by signing the other co-parcener ?
is it attract tax liability to huf or co -parncers to its Return ?
lalita devi
15 August 2012 at 19:46
Pl see my request for guidance above. As my first husband filed and GOT a decree of divorce, I am legally divorced from my first husband. Is it not?
As my second husband and I entered into marriage, believing the validity of and words in the deed for divorce by mutual consent, and also have lived together for a long time, I would like to know the similar cases where such marriages have been upheld from the date of the same.
rsraghukumar
15 August 2012 at 19:28
sir as i discussed with you all about my case OP, my marrige is declared as null and void on the grounds that the girls earlier marriage is still subsisting. with out giving divorce she married for second time. that marraige was a love marriage. in the absence of thier parents, in a small temple they performed their marriage. the girl prefered appeal before High Court. High Court also dismissed the appeal.
Sir i came to know that they are going for Supreme Court of India. Sir,i heard that for going to Supreme Court there is no right to appeal. Is it correct?
Will Supreme court will see evidences at that stage? first husband came and given his evidence as witness in my OP case. the girl avoided entering into witness box. hence the court below has drawn an adverse inference against her. supreme court will see legality or evidences at that stages?
lalita devi
15 August 2012 at 19:20
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. He has had no connection with our family since the deed of divorce by mutual consent. My kids have been brought up totally by my second husband and me.
Is there a site from which I can learn about similar cases? What are the procedures to validate my second marriage from the date since it took place, as we have lived amicably and meaningfully for many years.
Rahul F
15 August 2012 at 08:50
Hi,
I have filed a Divorce petition on the Cruality basis in Mar 2009. In my application I had mentioned that the Marriage is not consumated.
Carrier focused & money minded Wife, in her inital Written say has mentioned that, 'I have kept her away from any physical relation till date' (obviously she had no interest in that and she never attempted to be close with me). Now in her affedevit she has submitted that marriage is consumated and we had no physical relation since Feb 2009. The case still peding in Family Court.
She was legally (by court order) moved from house since Mar 2010, as she has beaten my mother to bleeding injury and a case under 324 was filed against her.
Can you please guide, how court treats this situation of physical relation from the Divorce point of view ? Would that help to get Divorce ? Any other suggestion ?
Kind regards.
Rahul F
15 August 2012 at 08:25
Hi,
I am victim of Domestic Vilence act. My wife filed a DV case against me n my family in Mar 2009 and is very WELL misusing the LAW. In one of the orders, in July 2011, HC has ordered that - "The main proceedings which are pending before the learned Magistrate be disposed of as expeditiously as possible and in
any case within a period of two months from today."
However our baised court is not taken this into consideration and allowing her to prolong the matter and its still pending in the said court.
1. I am willing to know if I can file the Contempt application ?
2. Against whom - Court or my Wife ?
3. What all I need to do ?
Thanks in advance.
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Proprty transfer
Honorable experts,
My Grand Father having 2 sons and 1 daughter has expired by transferring property to my grand mother by writing the will. My father is the elder son of the family. My grand mother told that she had transferred whole property to her daughter without informing to any one. But there exists no proof for this transfer. Now my query is can my father claim for equal share of property. If yes please inform the procedure.