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Sujata   06 May 2012 at 14:02

Share of first wife in husband's(ex-serviceman) pension

Hi,
I am a daughter of ex-serviceman. I am 27 yr old working in a private company and married. My father is a ex-serviceman. I have a elder sister she is also married. My father has married to another woman without giving divorce to my mother and he is staying with that woman. They have a daughter of age 22 yr.
My father was giving some money to my mother for maintance(500-2000 rupees per month). 2 year back he undergone a paralysis attack and from that time we didn't get any money from my father. All the pension amount is being used by my father and that second woman and her daughter.
In army records my mother's name is there and my mother didn't gave divorce to my father.
So my question is how can we opt for my father's pension?
What will be the share of my mother in the pension amount? At present my father is getting about >20,000 per month.
Is there any way that we can get the all the arriar share amout also?

As my father has built the house(Costs 40-50 Lacs) for the second woman. House is in second woman's name. Can we get the share in that house?

Please suggest me the solution for my querries. How and where can I apply for the above.

Thanks,
Sujata

victim_of_dc_act_lost_carrier   05 May 2012 at 19:16

Need suggestion regarding domestic violence act

in my reply to dv act my lawyer wrote about audio clip which will be play at the time of need. In this audio clip maximum major allegation get nullified.
How to present the audio clip whether it is necessary to get its authentication before presenting in court or after they denie it as my lawyer is reluctant in presenting audio clip in court.
My doubt is that if i give transcript of audio clip to oppo. party before authentication or presenting to judge they may try to temper or find out new story of it,so how to present if effectively.
My wife was working in the chamber of her lawyer who is legal aid member too. he was coming 3 km in oppo. direction to pick-up her and drop her every day. and in court case they shown her jobless to get advantage of sympathy. in my reply i wrote every thing about her and her lawyers involvement in our life. Now his lawyer want his name to be removed from reply and she is demanding 25-30 lacs for mutual divorce as this issue exploided to much in bar members.
in last hearing they fought with us intensionally but still my lawyer stopped me from filling case against them and just one application or complain was submitted in police station of court which was acknowledge by police too.
I too needed divorce but amount she demanding is impossible for me. So pl. tell how to proceed for mutual divorce or i should file divorce case on cruelty basis. Is court is stub-born in case of mutual divorce and it can not fix genuine amount?
IF their would been mutual understanding than there was no need of divorce........
How to remove her lawyer from this case as he is legal aid member and another legal aid member can assist her but that will be professional no too much personal as her current lawyer.
They took time upto 4th aug 12 for next hearing on 27th mar 12. Which is too long period to weaken case with time. how to request court to ask police to investigate in court premises itself that whether she was working in his premises or not and he was personally coming to pick-up and drop her on his bike every day. all society members know this fact but how to iniciate action.


Vinu   05 May 2012 at 16:57

Second marriage

I am a legally divorced lady with a 8 yr old child. We had divorce in 2007 and had married in 2003.
Now for the sake of our son, we have decided to stay together.
my queries are.

1. As we are legally divorced, to stay together as husband and wife do we have to marry again.

2. Can we approach to family court and give an application for staying together as husband and wife without getting married again.

3. Can we marry in a temple in presence of our parents and relatives and can be called as husband and wife.without getting our marriage registered again ( as it will be getting registered in 2012 )

4. In legally divorced cases, giving an marriage application / one month notice in marriage court will help us to get married on the decided date.

5. Can we go for live in relationship instead of getting married.and if we go for that relationship will it be called as husband-wife relationship after few months.

6. if we do not marry again legally, can we be each others legal nominee.

7. Instead of going to the court again, can we simply marry and get our marriage registered again (our previous marriage date is 23rd June 2003 ) can we register our marriage on the same date.

8. we are planning to go abroad on job/service visa. to join my husband there after few months, is the marriage certificate required.

Naren Dutta   05 May 2012 at 10:44

Maintenance

Dear Sirs,
Maintenance Order under has been passed by the court directing the husband to pay wife Rs.1000/month. She is staying with her father.
But I do not want pay any money to her. And also don't want stay with her. What punishment, I have to suffer, Please tell me. I want to go jail, also.

false_case_victim   05 May 2012 at 10:06

Request for any sc judgements for no maintenace of wife

I have googled for SC judgements for "No maintenance for qualified and earning wife".

I have found Highcourts judgements, but couldnt find any judgements given by SC.

If Anyone who have come across or refered such SC judgement in this respect, then could you please share me the link ( s )?

Shantanu Wavhal   05 May 2012 at 09:56

Certified copies - during summer vacation.

are the certified copies of a marriage petition (Civil) issued during summer vacation too ?



some local advocates from my town say YES, others say NO.

bhima balla   05 May 2012 at 05:03

Prenuptial agreement

Dear experts,
Are prenuptial agreements valid in India? Any precedents and/or judgements for or against such agreements acceptable in courts are appreciated.Thanks!

victim_of_dc_act_lost_carrier   04 May 2012 at 21:23

Need suggestion regarding domestic violence act

Hello sir,
My last date of hearing was 27th march 12 and as per my memory next date is 5th may 12. but when i check in list of daily case my case name is missing when i asked my lawyer he is telling it is 5 aug 12 in DV act case. I will go to court and check file but what to do if the date or proceed is changed. As in my case there is allegation of adultery on opposite party lawyer and which is clearly written in my reply but some how they are managing to not conduct cross examine.first date of AE was 24 jan12. Can i file any complain in temparing the file or case data and inform the court because i have doubt they may in future remove file also.
Pl. Guide me what to do and what can be the expected step they can take to weaken the case. I feel my lawyer is under the pressure of other lawyer and he is not guiding me properly....
my personal email id manishtiwari2345@yahoo.com

Toni S. Sachdevani   04 May 2012 at 17:13

Maintenance order under section 18 of the hindu adoptions and maintenance act 1956

Dear Sirs,
Maintenance Order under section 18 of the Hindu Adoptions and Maintenance Act 1956, has been passed by the court directing the husband to pay wife Rs.XXXX/-

The said Act does not anything about Appeal, so under what provisions the Appeal or any other proceeding be preferred and within how many days.

Any case law???

Thanks & Regards,

sridevi   04 May 2012 at 16:12

Divorce

I got married 7 years ago i had 2 daughters aged 5 years and 4 years. my husband was abscond and there is no contact with family and there is no support from my husband. Nearly from 2 years he is not take responsibility towards children and family. so i want to take divorce from him and marry a another person for sake of my child and iam facing with so many problems from him and put so many harrasement after marriage and he will affair with another woman so he was respond to family .
Please suggest me how to get divorce from him and what are the legal aspects will be taken for new marriage.please do help for me.