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Anonymous   25 December 2011 at 15:51

Civil petition or criminal petition

Dear Experts,

When the NRI father files appeal to SC against the order of HC under Artice 32 of Habeas Corpus for 09 year Child ( Son ) for custody & taking back to native country.

The said Appelate petition would be Civil or Criminal?

Anonymous   25 December 2011 at 13:55

Jewellery

Dear Experts,
Incontinuation of the jewellery aspect,I wish to inform that my wife has shown several loans taken from her relatives through their affidavits only. I would ofcourse be calling to produce proof of credit of these loan amounts into her account. But isn't giving dowry in the form of jewellery prohibited?? And isn't it obvious that when wife does not take her husband's consent on the question of marriage of their daughter nor asks if jewellery should be given in lakhs,how does the husband become responsible for all this. Please tell me!!!Incidentally my wife is earning more than two times my income.
Thank you

Anonymous   25 December 2011 at 11:43

Jewellery

Dear Experts,
My wife works for a very big business house. She buys expensive gifts/jewellery on their behalf for their friends,clients,associates and others. She has managed many bills worth lakhs of rupees for jewellery on this basis on her own name.She is going to show that she spent (all this) on our daughter's wedding and she is thinking of claiming lakhs from me in a divorce suit when I never gave my consent.My financial status is low. Please advise without going into merits of cruelty, mental agony etc as I have enough good resons for these being inflicted upon me.I want your comments only on the jewellery part of which I had no inkling nor given my consent.
Please advise

Member (Account Deleted)   25 December 2011 at 09:14

Spouse itr

Can we get Information regarding nature of business,name of firm,location,initial investment,partnership,companies for whom services/products supplied through contract etc.,if someone submits an ITR filed in business category.

Shantanu Wavhal   25 December 2011 at 00:18

co-respondent - hma sec. 11 + 5(1)

Rules framed by the High Court under section 62 of the Indian Divorce Act,
1869, relating to the Procedure of District Courts, and of the High Court in
Cases for Confirmation of the District Court's Decree.
-------------------------------------------
(c) In every petition under section 11 of the Act on the ground that the condition in section 5 (1) is contravened, the petitioner shall make the spouse alleged to be living at the time of the marriage a co-­respondent

Ref. :
http://court.mah.nic.in/courtweb/civil/pdf/chapter17.pdf
------------------------------------------

I have filed a petition U/S 11 read with 5 (i)

Respondent = Wife

I was not knowing the above mentioned rule at the time of filing the petition.
(i.e. I have not made her first husband a co-respondent)

First date received = 4 / 1 / 2012.

Now, How can I correct my mistake ??

Kindly enlighten.

Sankar Kalyan   24 December 2011 at 22:36

Advise needed on how to proceed

Dear All,
I got married in the year 2008. My wife was working in abroad before we got married. She took a 2 year break from her job.
A bit of history before the current status.
My wife and I had decided that I would try to join her abroad on the condition that I get a good enough job there which would be equal to the kind I do here in terms of function and remuneration.
After marriage, my wife who was born and brought up in India and had been working abroad for 4 years found the going tough in my house in an A class metro. She found fault with a lot of stuff and we ended up arguing for everything.
I bought a house after we got married which involved me going for a loan. ofcourse this mean that we could not move into the new house rightaway since the house had to be done up in terms of Painting, furnishing, electrical work etc, but I was saving up for this every month, and I could not move to another place in the same city on rent since it would entail me to pay rent and moving into my new house will have to be put off till much later. So I asked her to have patience. This led to a lot of fights and name calling, her talking to people among her family and friends. I could not get a job which would let me move abroad to her working country with confidence, finaly 2 years later she moved back to her old job, much against my wishes, since I was trying for a job in different city. In the mean time I found a new job in a different city (A class Metro). We have not been in touch apart from the occassional ISD phone call. Now she is back to India and living in her mothers house. We have not yet met but have spoken a couple of times on the phone in an attempt to reconcile, but all efforts seem to be going nowhere. I have many times broached the subject of ending the marriage but it seems to have any effect on her.
I am my wifes second husband, she was married once before. Ours was an arranged marriage, I knew she was divorced however I thought that it was something that could go wrong with anyone, so it is not that I was tricked. My family was pretty broadminded to happily agree to a girl who was divorced and whose mother was divorced too, we thought that both the women did not find the right man.
Now she insists on not ending this marriage and shows no inclination to continuing together, everytime we talk, we keep going round in circles, she creates the impression that it is I who wants this marriage to end and she is trying everything in her power to keep this going, but everytime she says that this marriage will work only if her needs are met, which I am skeptical about since I know what her demands are, and she has little or no patience to wait for things to be done.
Now, unknown to me she has joined a masters course in her workplace abroad where she will be returning in about a months time.
Considering that we have been away for more than a year now and will be away for another year in the future and that it is close to three years since we are married of which I have spent 1 year separated from her, since he moved out (She gives various reasons)
BTW, No dowry or anything was taken during the marriage. I have been insisting that she collect all her jewellery from my house as it becomes risky as I have to take of her belongings which is an additional responsibility.
Anyway, at the end of all this, could you please advise me if it will be possible for me to get a divorce citing that she has ben away for 1 year now. She has a well paying job abroad which she has been doing before she was married. Do I have to pay her alimony?

Can you please advise on the possibility of this and the steps to be taken and the process involved.

Thanks
K

Anonymous   24 December 2011 at 21:44

Domestic violence

Dear Experts,
Wife had filed a false case under DV against my whole family in Feb 2009 n also got X-party order to stay in home. Misusing the law she harrased us all the possible way. At one time when I wasnt home,Mar 2010, she attempted almost killing my mother hitting her in had iron lock and left her bleeding. Considering this (case under 324 was filed against het) session court had set aside the order. Later on even she was CA,MBA and earning abt 18-20000, Session allowed her rent pay of rs. 5000 per month. To which she appealed in High court for 13000. HC granted 7500 relief and also directed lower court to decide matter in 2 months (July2010). She later left job purposly and claimed for intrim maintenance just submitting me as reason to leave job and got relief of additional 7500 in Mar 2011. Currently she is submitting evidences which is taking long time. NOW it came to knowledge that she had left the earlier job and had joined to another good job where she also get accomodation. But I am unable to get any documentry proof. I had requested info under RTI at her job place. But rcvd nothing positive as its private organization. Lower court seems biased and giving longer dates(1-2 weeks) even my advocate asks for short dates. If she files application under 125 to claim maintenance amount, court imdly ask my lawyer to deposit the amounts. I am fustrated paying 14500pm. Kindly advice as I am suffering becoz of Courts behaviour and MAJORLY on financials.
Warm regards.

Anonymous   24 December 2011 at 21:05

Dowry case

hi
meri frd ki bhabhi ne fake dowry case and attempt to murder k case file kiya hai usne khud apne aap kerosene dal liya tha unki puri fmily pr arrest otder nikal chuke hai uska husband fther in law and brother in law jail mai band hai apne husbnd ke chalki bottel par hand prints le liye hai. pls suggest me ye case suprem court mai chal raha hai unki bel bhi nai ho pa rahi hai.

Anonymous   24 December 2011 at 19:37

Triple talaak

hello my query is can i say 3 talaaks in the court itself n if i do so will the the court grant me divorce bcoz my wife can challenge me in the court that i m lying n have not given her outside court as i told u that there were no witness .i m sunni muslim.do i hav to go through long court procedures for divorce.

Anonymous   24 December 2011 at 19:18

Name change afer marriage

Hello Whoever it may concern,

Mine is a intercaste love marriage. My husband belongs to ST and i belong to BC. How can i cahnge my sir name legally and if i have to apply for any government jobs do i need to mention my caste or my husbands caste, if i have to use my husband caste what is the procedure to be folloed to change it legally so that all my records show that i belong to ST caste now. Kindly mention the procedure is that possibel or no.