Anonymous
26 February 2011 at 00:48
dear experts I hope you remember me. My friend has been allowed divorce in family court and she got the house as permanent alimony. Now her ex husband has appealed in the high court against the judgment. Now he is saying he is ready to pay money in lieu of residence. And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city. He stays in a different city. He admitted in cross examination that he gets only 15days leave and his two minor children and ex wife (he is divorced twice) went to him in summer vacation of kids. It was admitted by him during cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat. Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate and her husband is highly qualified engineer and studied aboard. My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house. Please advise what strategy she should take to get the flat as a permanent alimony (which is already given by Family court) from High court and to dismiss his appeal. regards Naz
Knowledge Gainer
25 February 2011 at 18:39
I am facing matrimonial case u/s 13(1)(ia) of the HMA,1955. I am appearing in-person in the Court. On Last Hearing I received proposal for Mutual Consent Divorce from her lawyer. I told send me term and conditions of Mutual Consent Divorce and give me some time to think.
Please help me that while accepting terms and conditions, what precautions Should I take?
Also suggest points to be included in petition for safer side of mine and my family members?
There will be no maintenance and alimony so what should be included that she don't demand the same in future?
Can I include that she will not demand any maintenance u/s 125 CrPC in future? Also rights in property present or future? We have no issue out of the wedlock.
Anonymous
25 February 2011 at 17:11
My wife has filed a suit against me for Restituion of Conjugal Rights u/s 9 of HM act in delhi, India. suit is pending.
1. What happens if the court allows her petition for Restitution? . If I don't comply with the Restituion order? Can they attach my assets.( property) at time execution of decree.
2.If yes in what circumstances.
3. Iam also paying maintenance u/s 125.
Suchitra. S
25 February 2011 at 12:42
Respected experts, I will be greatly helped if anyone can provide me the case law details of Razzak Khan v/s Shahnaz Khan 2008(4) MPHT 413 MP
Anonymous
25 February 2011 at 12:26
i have released my rights to property even before it has been partitioned ,the property is still in my farther's name who is dead.Is this release deed valid? there was no consideration paid for releasing my rights ,can i revoke it ,its six months since i gave the deed?
Vijay Sharma
25 February 2011 at 11:45
Can any one provide me with a format of application made to Mumbai High Court for succession Certificate and also tell me the court applicable if the property value is Rs. 14 Lakhs.
Thanks
Member (Account Deleted)
25 February 2011 at 11:20
Message :
Message : I male had applied for divorce at lower court before that I also applied for conjugal Rights nearly 1 and half year, she is not ready to join, after that I applied for divorce then she didn't come to court. She made a stay at high court for divorce case. And other side she also made a case womens domestic violence act. I want to say that please give me advice that 1. How long would take for stay at high court(its already completed one year) 2. she had made a case womens domestic violence act which is false, So what should I must do? 3. I had male child 9 years should I put another case, can I get my child back
siranjeet
25 February 2011 at 08:25
can govt employed lady earning Rs. 20,000/- per month can claim maintenance as her husband earning double u/s crpc 125 by showing her income in petition u/s crpc 125
siranjeet
25 February 2011 at 08:13
my friend got ex parte RCR decree in oct. 2009 and applied for execution of of RCR decree in dec 2009 but her wife applied for setting aside RCR decree in march 2010 and maintenance u/s crpc 125 in dec 2010 but not obeying RCR execution by saying irrepairable loss occur to her. Will court grant maintenance as not obeying RCR as deserted without any sufficient reason as they got married in 2001 and seperated in 2007.
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what is the family?
what is the family?