C.Anbalagan
13 July 2012 at 14:10
sir,
I have two sons and one daughter. elder son birth year is 1986 daughter is 1988 and younger son is 1995. I and my wife aquired properties in the year between 1990 and 1993.without any aid and contribution recieved from my and her family.All of sudden my daughter got register marriage on her own wish I am living in Tamilnadu.
my question is,
1)whether my sons and daughter were having legal rights for my and my spouse properties.
or We can share the properties on our own wish.
2)If i get a release deed from my daughter without giving any property I want to know whether it is legally correct. otherwise how can i secure my properties without giving any share to my daughter.
anil yadav
13 July 2012 at 13:08
Hi kya mujhe apni wife ke dcp se direct milna chahiye.and agar wo wapis aana chahe to mujhe kya legal formality karwani chahiye taki wo dubara aisa na kare
Hercules
13 July 2012 at 13:00
Sir,
My wife filed for divorce in June 2010. I have a kid who is 5 years and staying with her. She has done her B.ED / MA. I told one of my relatives who helped her to get job in ICSE school. My son goes to the same school with her.As per my knowledge she earns about 15-20 thousand per month. I used to earn about 30 thousand. But i was terminated from job since june1 due to my constant leaves on account of court matter.
The district and sessions court judge awarded her an interim mainteinance of 7500 per month on 12th april 2012 for her and the child from july 2010 till date and the divorce matter is still continuing.
Question : 1) since she is working can she be entitled for interim maintainence. Also the child goes to same school and no school fees for him very ltd expenses.
2) The interim mainteinance was awarded when i was working but since 2 months i am jobless. should i opt for revision of maintainence order in same court or appeal in high court. I have a old mother who is sr citizen partially handicap and widow dependant totally on me.
3) where has the appeal to be filed in family court bandra or high court mumbai
Thanks
Jamai Of Law
12 July 2012 at 19:35
Facts of the case:-
Party got slapped with mandatory injunction which was sought by opposite party (hence party is Judgment Debtor)
Party applied for 'Stay of execution' (stay of order and stay of operation within the decision vide O21 R 26 and R 29) before the same Court!!!
Also before the same Court .... party filed
1. Review O47 R1 (eror apparent on the face) as well
2. recall vide Sec 151 (alleging fraud upon court which committed by opposite party upon court)
Review got dismissed but again it was infested with grave error on the face!!!
Party applied for review against 'the dismissal of review'
This also got rejected erroneously and infested with errors!!
Now this is the time to move upper court!!! Now party wants to take it to superior court!!!
My Question is:-
Is it allowed to filed writ against all the above dismissals in addition to the perverse mandatory injunction order which was infested with error' IN SAME GO i.e. IN JUST ONE WRIT (multiple adverse orders to be assailed in one writ)??
i.e to put it in another way....
Writ against .............
1.Mandatory injunction Order which is to assailed
2.Dismissal of "Review of Mandatory injunction Order"
3. Dismissal of "Review of Review of Mandatory dismissal Order"
4.And also party needs to assail the dismissal of plea of stay of execution of Mandatory injuction order" as well.
In short finality of mandatory injunction is utterly required to assailed.
Note: It was given to understand (in this forum also) to us that 'origial mandatory injunction order wasn't appealable'.
Also dismissal of review is also not applealable.
Is is correct to move writ jurisdiction for all above 4 adverse decision against party IN JUST ONE WRIT Application?
All that is needed is the stay' on the operation and quashing of the samd injunction.
Hence all this efforts !!!!!!!1
(Opposite party has huge influence in court and money power as well !!!/very senior layers......... and our party had employed junior lawyers)
But fact of the matter is .... original injunction itself was blatant fraud.......dismissal of review is also infested with same and there is clear favour given to opposite party!!!
Please suggest remedy and advise on writ.
Regards
aman rajput
12 July 2012 at 19:02
Wife has filed a false 498A on our entire family three months back. still the charge sheet is yet to be filed. We are all on bail.even the police know that it is a false complaint as the Investigating officer is not been finding any evidence against us to support his charge sheet . Infact IO is pressuring us to get settled down our matter mutually by giving Rs.8 Lacs to my wife for mutual consent divorce so that the IO may close the case Looks like police are delaying the charge sheet.
1. if the charge sheet is delayed, whose favourable is it?. wife side or husband side?.
2. If the charge sheet delay is not in our favour then what we can legally do so as to pressurise IO to file the charge sheet at earliest so that the case starts and we without any further delay fight the cast to quash the same.????????????????
Amit
12 July 2012 at 18:55
Hi,
My wife filed maintenance u/s 125 CrPC.
Here are the details:
(1) She claimed 80K p.m.
(2) My salary is 1.2L p.m.
(3) She earned ~15K p.m. on record + she has other professional income whose details are not on record.
(4) She has properties worth 15L. Income from this is unknown but a simple FD with that amount of 15L would easily fetch 8-10K p.m.
(5) We have no kids.
(6) We lived together for 6months only. Maintenance filed after 1.5yrs of separation and after 1yr of me filing the divorce petition.
(7) My father gets pension of 20K p.m. My parents have significant medical expenses. They have their own house and no other income.
Now my questions are
(1) How much maintenance is she entitled to?
(2) Can my father also file 125 CrPC on me?
(3) If both the above petitions are running, how will court decide maintenance in each case? I am asking this since suppose the court does not grant my parents any maintenance then they are essentially saying that 20K is sufficient for an old ailing couple then by the same logic 20K should be more than sufficient for a young healthy profession woman. Will this help?
Any other pointers would be appreciated.
Thanks
anil yadav
12 July 2012 at 17:10
Meri wife delhi police me h.and i am unemploy.meri shaadi 10/11/2011ko hui thi.meri wife apne hi village ke ladke se samband the wo ladka bi delhi police me .mujhe and meri family ko shaadi se 1 month pahle pata laga hum ne meri wife ke brother and maa ko bata diya iske baad un logo ne hum se maffi mang kar apni izzat ke liye shaadi karne ko kaha.mere perents ne un logo ki izzat ko dekhte hue un se affidavit likh wa ka bina dahej ke shaadi karwa di and hum dono shadi ke kuch din baad se delhi meri wife ke govt. Flat me rahne lage.lekin jab wo 31/5/2012 ko apne ghar gai to jab mere parents us ko lene gaye to un logo ne mere perents se ladai karni start kar di mere parents waha se aa gaye. Ab meri wife na to aa rhi h and sabhi se kahti h ki wo mujhe se dowry maang rhe h mujhe marteh .kahtih ki mera abortion karwaya h jabki aisi koi baat hi nhi h.ab hum ko kya karna chahiye.plz bataiye
shauna
12 July 2012 at 15:02
My marriage was registered under Hindu Marriage Act,10 days after the marriage was solemnised in a social marriage.
I stayed only for 5 days with my husband at in-laws place where i fell ill,
hence the marriage was not consummated.
Now i have filed for mutual consent divorce after 1 year of marriage registration.For the past one year
i have been living seperately from my husband.
My lawyer has added the clause "the marriage was duly consummated" in my Mutual Consent Divorce petition(section 13B) and is insisting that the court will not grant divorce unless this clause is added and we will have to give
appropriate justification to the court for non-consummation of marriage.
Is it really necessary under Hindu Marriage Act,1955 that the marriage has to be consummated in order to get a mutual divorce?
gaury..fight to win
12 July 2012 at 14:35
My DV case is pending since Jan 11.Now it is evidence stage.Court has summoned IO under which the SBI branch from where my husband obtained housing loan to produce the manager to furnish copy of all documents.In one date the manager came and furnished half of the documents.But he was asked to produce rest documents in the next date t,but he did not came.Several dates passed but police failed to produce him and informs court that HE WAS NOT FOUND!Does the case is going lengthy ..please guide me how to make IO to produce the manager in the court in the next date?Next date is on 27th August.Thanks and regards.
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Re: maintanance allowance to wife after divorce by mutual consent
Respected Sir,
I am registered with you at this mail id kghosh47@yahoo.com
In case of divorce by mutual consent if the girl is a working lady whether it is mandatory for the boy to pay maintenance allowance to his wife and if so to pay at what rate.Also whether this maintenance charge has to be paid on monthly basis OR has to be compulsorily paid on one time lump sum (alimony)basis.The couple has no child