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Mrunmai Deshpande   05 March 2012 at 20:00

Alimony, maintenance

I am a person of 40 years of age suffering from paralysis of both the legs and currently jobless. I have wife and son. We were staying with my parents in a flat owened by my parents(not inherited). My parents are retired and are sustaining on their pension and interest from Bank FDs.As I am jobless, my wife is not staying with me. She has gone to her parents' home with our son. She doesn't want to come back. If we get divorce, How can I give maintenance and alimony to my wife and son as I am jobless. Do my parents have to give her compensation from their paltry earnings since I am unable to pay? Please advise.

subhash   05 March 2012 at 19:47

My father left us.never he came back

My father is an N.R.I.He left us 8 years back and we kept waiting for him.,while my mother was taking care of us.We tried to contact him in many ways where we didn't find him anywhere,He didn't even spoke to us.My mother filed 498a on him knowing he came to India.,He didn't attend any of the court proceedings escaping every time with some reasons.,He doesn't send any money also for as maintenance Now my mother was diseased with breast cancer and it is incurable..we are going to be ORPHANS,
Now i'm pursuing my B.Tech and i need his help to complete it.I just want him to take care of my studies whereas i'll take care of my brother and sister with my earnings..

Now i need help how to proceed for asking him to take care of my studies legally?

rsraghukumar   05 March 2012 at 18:01

Appeal

sir two days back is sent one query that i filed null and void which was allowed on the grounds that she was already married and which is in subsisting. now that lady filed appeal in highcourt. she applied grounds like
1) i have not proved according to order 6 of cpc. (Sir what is the meaning of order 6 of cpc)
2) even she said that i have not proved order 10 of cpc. (Meaning of order 10 of cpc)
3) not called priest who perfomed the marriage (sir i am not eyewitness to that first marriage. more ever her lawyer did not asked any of that question like who is priest, call priest etc(who is no more itseems). to me or to her first husband. moreever she did not entered the witnessbox.)etc.
she did not enter the witnessbox and also filed one memo that there is no evidence from her side. sir please enlight me that above grounds are valid or not. sir i came to know that a third party can prove the previous marriage or any marriage. plz forward that citation.

swaraj   05 March 2012 at 17:01

Domestic violence

respected sir my bhabhi filed a false dowry cASE(498-1,323,) against my brother and father through police inquiry on 18.5.2011 ,now my father on regular bail and brother is in ausralia before f.i.r lodged.
now my bhabhi filed divorece case and maintenece case against my brother and filed domestic violence case against my father and brother in court,and court recommended inquiry to child development office, and court fix hearing on 7.3.2012 now my qwestion is that.

1. the divorce case filed by my bhabhi himself ,not by our side ,is it possible to sought maintance from my brother
because the divorce case filed by bhabhi then why we give maintance
2. the 498-a and 323 case already running in court then why my bhabhi filed another domestic case in another judge court
3. what charges of ipc could be in domestic violance

thanks

sandeep   05 March 2012 at 15:52

Divorce matter

I was married on 11-12-2008.I am A PH person.At the time of marriage,the girl's family told us that the girl was earlier lived with her first husband for one day only and as her first husband was very greedy then she came back to her parents home.We believe in them and the marriage took place. After two years of marriage ,I start visiting various Gynaecologists for child.I came to know that she is having Endometriosis problem then I went to court for her divorce case earlier done.There I came to know that her left ovary was removed in 2001 and her right ovary was repaired due to Cyst in the ovary.Then I stopped talking with her .Now she has filed the complaint of Dowry harrasment in CAW cell Pitampura.She is doing same happenings of 498a ,406 as did earlier with her first husband.I want to know what should be done ? If I file divorce petition then Will it be feasible that I write that I do not know her divorce case earlier

JAYESH   05 March 2012 at 13:13

Documents required

Sir, I want to file Adoptation Deed.

Please tell me, what would be the reqired documents for preparation of Adoption Deed ?

Jayesh

Giridhar Shettigar   05 March 2012 at 12:56

Conjugal rights

I had filed case for conjugal rights against my wife. Now my wife looking for out of court settlement and asked through her advocate for family meeting. my query is :-
1) Is, can we prepare the Minutes of the family meeting
2) If so, such minutes is valid in the respected court.

kindly inform me


Thanking you,


Regards

Adv.R.P.Chugh   05 March 2012 at 12:07

Amendment in mc.d petition

Ld.Seniors,
Alongwith a Mutual Consent petition that I filed - we enclosed a MOU (Memorandum of Understanding) entered between the spouses as to how the property would go. First statement has not been recorded yet. The parties want to make certain amends in that. Can we submit the new MOU - and disown the earlier just like that, or there has to be O.6 R.17 Application to that effect or an amended list of documents?
Thanks a ton !

SSng Aulakh   05 March 2012 at 11:28

Divorse by mutual concent

A couple did court marriage two years back. Due to impotence of her husband, both of them have signed an affidavits giving their consent for divorce.
Now, a ready proposal for the Girl has come from another boy, can the girl marry to this new boy, without taking divorce from the Court.

Naresh   05 March 2012 at 08:44

Need good judgments to prove desertion

Dear Experts,



I (husband) filed divorce u/s 13(1)(ia) (ib) on cruelty and desertion grounds. I need relevant judgments, which I can use to support my case. Below I am giving the circumstances of my case.



(1) I filed divorce due to non-cooperation for consummation of the marriage and wife is not interested to lead marital life with husband. The duration b/w final separation and divorce case is 1 1/2 years. But by then marriage happened b4 3 years ago till separation happened.



(2) Wife claimed in her counter, husband is impotent and due to his impotency consummation not happened.



(3) medical board found husband potent.



In the above circumstances, I need good judgments to prove desertion happened though the 2 years period is not completed b4 filing the divorce notice after final separation. But I read somewhere that physical separation alone strictly is not required, even if wilful neglect of wife is sufficient (in the above situation any way wife herself saying non-consummation due to husband impotency, but medical board not found impotency) to prove desertion. So, I request the experts, please share with me, if you have any good judgments supporting the above circumstances.



Regards