sensitiveman
28 July 2012 at 11:35
Hello All,
Wife filed Divorce under section 13 of HMA on the grounds of cruelty after 11 months of separation. All false allegations were inserted and she is demanding the maintenance for our small kid which i am happy to provide but she is asking for monthly rental amount and that too in a posh locality. She is also working and earning more than 35k per month and has also mentioned in the divorce application. She has also given a list of streedhan which is also false as she has took lot of our articles while leaving the matrimonial home.
My main concern is that she has attached govt. hospital certificate in which all the family members name has been mentioned with respect to physical torture which is totally false but i am really shocked that how can the govt. authorities can do so without any investigation. Also, I am planning to file the custody of child and child access.
I would request all the learned experts to guide as to what should be my next course of action as even i m open for divorce.
Thanks & regards.
SM
fishaqi
28 July 2012 at 09:24
I am a US Citizen and presently living in United States.
Following are my case details.
November 11, 2007: Wife left home in my absence in United States and later filed DV case which was dismissed.
She then filed divorce case.
Feb 4, 2009: Divorce Granted by New Jersey court on the basis of matrimonial settlement agreement.
March 4, 2009: She visited India and filed a 498A and 406 with Hyderabad police by suppressing all the facts and pretended to be my wife in the complaint.
July 2010: After 1 year of investigation & seeing the divorce decree, DV dismissal order ,Matrimonial settlement agreement etc. a Final report was filed by the police as lack of evidence and court has recorded the same after giving notices to the complainant at the local address. Complainant was abroad and has not furnished her US address.
June 2011: complainant's paternal uncle a (GPA holder) filed a protest petition in the court which was dismissed stating that the case is not maintainable.
July 2012: Complainant came back to India filed a review protest petition in the court and the decision is pending in the court. also complainant approached the police and insisted them to re open & re investigate the case & same has been filed in the court by the police for which also decision is pending .
Complainant left back to United States.
Now, the complainant's mother who is still in India has lodged a petition with the police to reopen the case by using influence in the police department.
Police has requested court for re-investigation by citing reasons as initial investigation was not proper.
Please let me know what could be the outcome of their efforts.
Thanks.
shivani bhupal
28 July 2012 at 09:20
is DNA test is conclusive proof?what will its value for right of inheritance in hindu succession act especially in reference with hindu law.
parag athawale
27 July 2012 at 17:11
I married in 2009 (inter cast)and have a baby boy of around 1 year.where myself is from brahmin family and my wife is from Koshti family(Special Backward classes)i have question regarding which cast is mention while taking admition in KG std.
yuvnesh subramanian
27 July 2012 at 11:21
Dear sir,
I have a query, a person had executed will in favour of his sons and daughter and died. Now they are in possession of the property as mentioned in the will. Now one of the person sold the property to mE. Whether in this issue Will needs to be probated. WHETHER probation of will is mandatory. Pl advise me.
Manoj Kumar Jain
27 July 2012 at 10:35
What is the major differences between maintenance claimed under DV Act And 125 CRPC?
Mrunmai Deshpande
27 July 2012 at 09:15
I am a young man of 35 years of age staying with my parents. I am physically disabled and due to this earn irregularly. Because of this, my wife has deserted me and currently staying with her parents who are financially well off. She has taken with her our 2 years old son also. Even after repeated efforts from our side she is not prepared to come back. She is not prepared to give me divorce as well. She, off the record, says that she would come and stay with me after the demise of my parents as by then I will inherit my parents property and meet the family expenses with ease. Before deserting me we were staying with my parents and my parents were and are always supporting our family expenses. I am very much pained and distressed at her stand which is immoral. Please advise me on how to go about and also tell me if I seek divorce, will I get it and if so how can I give her alimony and child maintenance? My wife is physically fit, graduate by qualification and earning a salary of Rs10000/- pm before delivery. I have become physically disabled only after marriage and doing a permanent job before becoming disabled. Please advise.
Member (Account Deleted)
27 July 2012 at 06:37
The son of deceased karta was sent to England for bar education with expenses of joint family property. On completing his bar, he established his flourishing practice i.e buy books and make a chamber in joint family premises with the help of joint family funds. Whether the money earn by him will be his seperate property or joint family property. Please explain with recent caselaws
varun gandhi
27 July 2012 at 02:09
please describe para on female intestate inheritance?
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Divorce by mutual consent
The case is that the couple want to obtain divorce by mutual consent.The couple are Jehuva by religion (methodical Christian).The jurisdiction of their case falls in Thane Family Court. So I wanted to know the procedure to obtain divorce by mutual consent in Thane Family Court in Maharashtra. Pls. reply soon.
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