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PALNITKAR V.V.   31 May 2011 at 17:26

File submitted by Selvakumar on DVAct is overruled

Please take a note that the Judgment in the case of Uma Naraiyan uploaded by Mr. Selvakumar in files section has been overruled in R. Nivendran's case. I have uploaded the relevant judgment in file section. Members requested to take care in uploading the old judgments.

Anonymous   31 May 2011 at 15:33

Fees of High Court Advocate

Hi,

I am in a troublesome situation I had hired an advocate to pursue a case in Delhi high court, he initially told me the fees would be around 85000/- for the complete case. He demanded 40000/- in advance. I gave him the same. Few weeks later he called me urgently and said that he needs 30000 more to file an appeal and told me don't ask me the reason why I need it, he told he needs it so that appeal can be accepted and if not given everything will go in vain, so I gave him 30000 more and also told him that I can no further give him any amount till the settlement of the dispute. Now when the appeal has been accepted he is demanding 50000 more and says that he needs it in order to initiate summons and troubling me. Till date he has not provided me any receipts and now I do not understand what to do please help me.

Anonymous   31 May 2011 at 14:28

maintenance and judicial seperation

i have had areconcilliation with my husband who is an commercial pilot agreeing to pay same amount of interim maintenance provided by delhi high court , amount being 30000 in year 2006 which covered our kitchen and hosehold expense and aalso my daughters fee.susequently he moved the amt by 5000 which was soon insufficient as my daughters montly fee came to 15000.in the mean time my husband became abusive and nasty in his language , he would usr words like rape , sex , girlfriends in front of my daughter.iam thinking of aplllying for judicial seperation and can i apply for revision in maintenance also can my present matrimonial home be allocated as seperate residence .my husband has two flats in dwarka , the present one he has transferred in his mothers name to escape cghs rules which permits him to buy only one property.his montly gross would be 4 to 5 lakhs.how much maintenance can i get

Avinash   31 May 2011 at 13:35

marriage

Good Day,
I married in 2009 with a girl who is from the same place where I live.
After marriage problems started in between my mother and my wife as usual kitchen problems.
As I work out side India so as I leave India my wife used to go to her sister's/parents home so she lived most of the time aways from my home by making the issue that she don't want to live with my parents in my absence.
Few months before problem been so stretched that she went to her home promising me that she will come back after few days and thereafter she started refusing to live with me if I live with my parents and altogether she started threatning that she will file case against me and in laws.
So finall parents said me to live happily wherever we want and the we started living on rent in the same city.
Few things, which we actually don't need in my parents home like Bed,Almirah,Sofa,Washing Machine are still lying there because we don't have place to keep here and I don't want to bring all the one by one because it doesn't give good impact in society.
When my wife went to her home she taken her all gold/silver jewellery with her as its her's only but she taken without notifying anybody at home.
Now. here we stay on rent and away from parents, I usually go to meet my parents and she make fights on this.
And for this her parents do so much interference in our life that now my wife started fight/handeling/and abusing language here also.
So can you please suggest me any good way to sort out these issues and lead to a good life.
Thanks

Anonymous   31 May 2011 at 10:53

property inherited from self earned property of parents

I have inherited property from my parents, (who purchased it from their earnings), can i give it to one of two children by will or I have to give it equally to both.

Anonymous   30 May 2011 at 23:23

Absconded

Hi sir,

One of my friend is gone to dubai while he is on trial in court on divorce case so what will be his families and his fathe

Anonymous   30 May 2011 at 22:10

Is it abuse or meant for harssing the family members of husband?

Dear Sir,
My brother wife has left the matrimonial home only on this ground that he has demanded the cup of tea from her and send the legal notice to us by her lawyer and to which I had replied . Therafter, I filed the Petition under restitution of conjugal rights and the judge called her personally in her chamber for reconcillation

It was very amusing when she laid her demands
1 That there are only cylinder at home
2 the space in house in delhi Metro is not adequate
3 I have asked to prepare meals and for serving the tea to husband

Finally the matter has been closed as she agreed to cohabit with her husband

Therafter the drama doesn't end and visited the woman cell on same pleas and the CAW visted our home and find it no merits
Thereafter she used to make reverse remarks against our family in the locality and many people has informed us as we are respectable persons in the society

In short I want to say whether this melo dram doesn't end at any way as she is creating such situation in order to defame our name. I have other siblings to marry and such problem definately creates their prospects
Kindly inform any legal remedy is there to crub such menace as she is delibarely doing this by abusing the due process of law?

Anonymous   30 May 2011 at 16:05

Speeding up a dragging case

We were married under Special Marriage Act. After 1 month of marriage in June 2005, my wife filed a case of annulment alleging my impotency along with interim and permanent alimony. I contested and filed a counter claim of divorce alleging cruelty - wilful refusal to consummate the marriage. She was awarded Rs 10,000/- interim alimony per month and is now dragging the case and enjoying the alimony. In spite of High Court order for speedy disposal within 6 months, she is still dragging the case.

1) Now, the final result will be the dissolution of marriage ir-respective of the fact whether she proves my impotence or I prove her cruelty. Neither of us will get any other benefit other than dissolution of marriage (of course her maintenance will continue). Can I petition the learned court to save time by granting the decree of divorce/nullity without wasting time on admission that we both withdraw our charges against each other? If she refuses, is it not proved that her sole intention is not to get nullity but to drag the case?

2) If I accept her allegation of impotency for a quick decree of nullity, some members have mentioned that she can file criminal cases. But is there any provision for that? Will such case stand? How is one supposed to know his/her potency before marriage? How will she prove?

Your valuable inputs please.

Shailender Bali   30 May 2011 at 15:12

Can registered 'WILL' be challeneged

A person has a duly registered will. His grandson (son of a pre-deceased son), grand-daughter (daughter of a pre-deceased son) and widow of his pre-deceased son are class-1 heirs as per Indian Succession Act. There are other class-1 heirs as well in the family.

My concerns are :

1. What will be the share of his grandson, granddaughter and widow of his pre-deceased son if there is no will.

2. Can these people challenge the contents of the will on the basis of non-satisfaction even if the WILL is duly registered?

3. If, they can challenge the contents, at what time and where should they challenge?

4. Is probate/letter of administration required in Delhi?

Anonymous   30 May 2011 at 13:56

Divorce ?

I am one more time asking the same pl.pl.advise me.explain me.

My wife left me with two children in sept 2009, with some dispute between us. I request verbally/telephonic but she reduses. She gave statement to the police stn also that she left the home. I send several letters to the villagers and to tantamukti mandal to sent her back. but nothing happened, after that she filed a case 125 for a maintanance. then I filed a case under scetion 9 to call her back. in both the cases she is still stuck on the maintanance onlty. 125 still going on but under 9 passed the order to pay her intermin main. amt as she applied for. Now can I dismissed the same case and filed against her for divorce is it possible. IN sept 11 two years will complete. Is there is any law for the same. till now she is not showing any chances to come to me. What is the law to file the case of divorce ? Pl. advise me.

Sir, I dont understand PLease can you explain me properly about the above matter requesting you to please explain me again.