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

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Mehak pillai   08 August 2012 at 03:34

Descrepancy in mother's name

Dear Experts,

Need your help on the following matter

Thanks
Charu

das b m   08 August 2012 at 01:18

Maintenance and divorce

Marriage took place in 1997. Differences arouse due to false declaration of qualification and age by the wife side at the time of marriage talks. Two male children (now 10 & 12 years old). Husband(employee) purchased properties and constructed house in the name of wife (housewife)in 2000 & 2007. Still wife filed DVC (maintenance granted) & 498a in 2008 against husband & mother-in-law (both acquitted). Husband was put in jail for 15 days and got suspended from service for 6months. He filed for Divorce (dismissed by lower court, going to appeal in High court).

1)What are the parameters for fixing the maintenance from a salaried husband by the court?
2)Does the court take the Gross salary or Net salary into account for calculation?
3)Can the husband claim back,(with documentary proofs), the property kept in the name of wife?
4)For how long the maintenance for the male children is to be paid?
5)Wife is having 30 lakhs worth properties in her name (house & site)in her possession and earning rents. Can the husband approach the court for stopping the maintenance to the wife?
6)Why doesn't the court grant divorce to the husbands who are facing a lot of harassment from the wives?
7)Court directs the husband to pay maintenance, but doesn’t direct the wife to give basic service to the husband. From where can the husband get the service?

Kindly Answer

SANDEEP KUMAR   07 August 2012 at 22:57

Mehar

1, Please explain what is the difference between 'prompt mehar' and 'deferred mehar' in muslims.

2. If in a case in one document 'prompt mehar' of rupees 30,000/- is written and in the same case in other document it is written that 'prompt mehar' is rupees 10,000/- and 'deferred mehar' is rupees 20,000/-, it may be explained which one would prevail and what are the repurcussions.

SANDEEP KUMAR   07 August 2012 at 22:49

Re-conversion

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a k pandey   07 August 2012 at 21:22

Sec.9 hma

Can ex-partee decree in sec.9 h.m.a. be applied to set-aside the decision after 2 years of decree though it has been accepted that respondent has knowledge of said decree.

What is the limitation period for ex-partee decree in sec.9 h.m.a.

Member (Account Deleted)   07 August 2012 at 18:57

Exparte divorce

What is ex-parte divorce?
1.If wife not coming on divorce dates after how many notices/warrant/summons court will give divorce?
2.After how many days Husband can go for marriage after exparte decree?
3.What is drawbacks/benefits of exparte?

Regards

Avinash   07 August 2012 at 17:36

G & w sec 12 interim application

Dear Sir/Madam,

I am very thank full for some of the Queries asked by me i my earlier mails.But i request one more support. The G&W Act 1890 under section 12 the Court ordered respondent to hand over the custody of my son on every Saturday till Sunday evening. But she is absconding from her house on the day and she has violated the orders of the court and now she has filed Writ Petition against the orders of the lower court at High Court against the orders of lower court. Kindly let me Know is there any law in stopping father to get the Interim custody.More over she is leading an Adulterous life and the same has been proved in the Court of law and with reference to same i have also filed Divorce and also asked for complete custody of my son and he is 4yrs and 11 Months.

Gurucharan   07 August 2012 at 13:20

Mutual consent divorce

Hello,

Have been married for the last 3 years. My wife and I are applying for MC divorce. I heard that you could get divorce within 6 months. Please advice if its correct.

Naresh Sakpal   07 August 2012 at 12:07

Application to get order without present

Dear Sir,

I have a case running in village, which comes to end and the order to be collected from court.

Can I get the order through someone to whom I can authorised to apply and collect order on my behalf without going to village.

please advise me.

Thanking you.

Amit   07 August 2012 at 12:05

What happens in a dv case

My wife filed a DV case against me and all my family members.

I'd like to know what exactly happens in a DV case. What is the final outcome? Does the magistrate give protection/residence/maintenance orders? Is there any punishment given to offenders, I understand it's like a civil case.

Can we appeal in higher court, if yes then to whom? Can she appeal in a higher court?

Is it better to concentrate on the divorce case (filed by me) first and give less priority to DV (as it's not criminal in nature)? Why I am asking this is, I don't want all my evidences to come out in the open in DV case whereby she'll get wise in divorce case (she's yet to file counter and she's been delaying it a lot).

Please guide.