ajay
15 February 2011 at 21:05
I'm having divorce case with my wife. and DV act and sec 498-A Now she is try to make her passport and leave the country.
How can her stop her to make her passport.
Anonymous
15 February 2011 at 19:58
whether d.v.act case to be conducted according to c.p.c or cr.p.c
Anonymous
15 February 2011 at 14:54
my sister is living alone with her daughter she is living without her husband coz he is not the right person now i want to ask u if at all she has to ask for financial help from husband how can she take on what basis or on what reasons she can take it?
soniya
15 February 2011 at 12:52
Can the Ld. Members point out the ruling of applicablity of personal law over other laws such as Gratuity and provident Funds Act. in a case before us a Muslim lady Shia Mahomedan died intested without any issues and as per Shia Personal Mahomedan law instead of 25% husband will get 50% of the estate of the deceased as there are no children and balance rolls (revert) back to the mother and father and other heir of the deceased female.
Will Gratuity and provident fund not firm part of the estate of said deceased Muslim lady?
Kindly assist me in the quarry its urgent.
Thanks and regards.
Anonymous
14 February 2011 at 22:41
SIR,
one of my client approached me and said that he no longer wish to live with his wife, as she is morally loose in charector, and hence wish to be seperated from her.
( both are muslims and are governed by mohammedan law )
he asked me to write a talaq(in triplicate) on behalf of him, one to be send to her , by registered post, and one to her mahal committie, and the other to his own mahal committie.
is this procedure enough for a valid muslim divorce ?
whether it has got any legal sanctity ?
if so, can any body furnish me a format of such a talaq ?
is it not necessory that a talaq should be pronounced by the person concerened himself ? or whether an advocate can be entrusted with such duties ?
pls help me .
thanks in advance .
Anonymous
14 February 2011 at 18:05
We had a lot of problems. My wife asked me to vacate the house. I refused and My wife doesn't want me to stay with her.In order to send me out of the house she filed a 506a. Even she told me that if i had vacated the house, she would have file a complaint. she filed 5 months back.
She is neither ready for divorce or ready to stay together. She thinks,if some case is pending against me, i will not ask her to take a decision. She is happy and doesn't want to take any decision. she told this also..
Still no charge sheet is filed..How log it will take to file a charge sheet?
Now what to do ,shall i apply for divorce?
She is not agreeing for divorce. if i apply how long it will take to get divorce?.
My wife is working as a manage in IT industry..i dont know any proof about her income. I know only her PAN number. is there any way of getting her income proof by using PAN card?..She also has own house in Bangalore.
I dont have any property or house.
please advice me
We have a son of 6 years old. and staying with her.
Anonymous
14 February 2011 at 15:20
WE GOT MARRIED IN 2003 BUT NOW MY WIFE IS STAYING WITH SOMEONE ELSE AS SHE HAS EXTRA MARITAL AFFAIR WITH HIM ALONG WITH MY 7 YEARS OLD SON FROM LAST 2 MONTHS. SHE IS ASKING ME FOR PANCHAYATI DIVORCE AND THREATNING ME NOT TO GO COURT FOR DIVORCE. SHE IS ALSO ASKING RS 15 LACS FOR MY SON;S CUSTODY TO ME. I'VE AUDIO PROOF'S, WILL THIS HELP ME IN THE COURT CASE?
shafeela
14 February 2011 at 09:00
My muslim widowed mother(76 years) is staying with house maid alone in fathers house.The eldest daughter in law and sons has tortured my mother mentally and she has been taken for psychiatric treatment before 3 years and kicked her out of the house. Then my mother gave 19 cent plot in her name to the grand son and made them leave the house and was staying with the maid since then. Now they have compulsorily come to the house and started staying there and telling its their property so will not leave. My mother has 7( 2 died) sons and 3 daughters.What is the law helpful?
Anonymous
14 February 2011 at 07:45
Ashwin (name changed for confidentiality), a relative of mine, got married in the year 2001. At the time of his marriage Ashwin was working in a private company at Mumbai. He and his wife Rajni (name changed) led a happy life for about four years. Every thing was going well between them during this period. Ashwin’s actions amply prove that. For instance, Ashwin took out a few insurance policies on his life and nominated his wife as the beneficiary. Similarly, in all his other investments, Rajni was the only beneficiary.
While aspiring for advancement in his career Ashwin switched a few jobs and was generally doing well. For about a year and a half he was based in his wife’s home city Allahabad where he was working for a contracting firm. Unfortunately, things didn’t work out very well and he couldn’t successfully continue to work for this firm. Ashwin then tried his luck in business and started his own small shop in his home city Kanpur. The business was small and the income was low. Though Ashwin’s parents adequately supported the couple, Rajni started feeling financial constraints. In order to provide Ashwin with more flexibility and time Rajni decided to leave him alone for a couple of months and went back to her parents’ home in March 2004. She kept in touch with Ashwin via telephones from there and continued to motivate him for trying harder.
Not satisfied with the income he was able to generate from his small business at Kanpur, Ashwin took a new job in Mumbai in August 2004 and shifted base. He did very well in this job. His career has progressed exceedingly well since and he is now working for Reliance at a reasonably good salary in Delhi. Despite his excellent career growth and significantly better financial position, his wife wasn’t impressed and decided not to return to him at all. For last about seven years, Ashwin and his family have made numerous efforts to bring her back but have not been successful. The only reason she gives is that Ashwin’s family did not adequately apprise her and her father of Ashwin’s salary and his financial status before arranging this marriage. Had they known that, this marriage would not been possible. More than six years have now passed and the couple haven’t cohabited even for a day.
Though Rajni is not willing to return to her husband at all, she is averse to the idea of legal separation too. It is understood that she is practising law in Allahabad High Courts. Ashwin is terribly shaken. He is unable to understand his wife’s motives behind all this.
How to break this impasse? Ashwin has almost reconciled to the fact that he may have to lead a lonely life. In regards to filing a case for divorce, some lawyers have advised him that if he goes ahead with this he may lead himself to a worse situation. This mainly assumes that if a divorce case is filed, there may be a retaliatory case from Rajni in which there may be an attempt to implicate him and his family in some forged dowry or harassment charges.
What will be the best course of action for Ashwin to pursue further? Is it mandatory to file an RCR suit before filing a divorce appeal? Whilst the chances of rapprochement appear to be very bleak now, it will not be very difficult to prove their physical separation for more than six years.
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DV Act
Hello Sir,
My wife has filed a false case under DV Act in Feb 2009 against my whole family.
By misleading the court, in our absence, she managed to get Ex-party order to reside in my house.
While living in my house, she, with the help of her father, harassed us all the possible ways. At last in Mar 2010 she almost attempted to kill my mother in a quarral. Considering facts like non-consumpion of marriage, wel-earning job of her and aggressive & hot-temper nature, session court allowed one of the appeal and directed her to stay away from home setting aside her Ex-party order and directed me to pay her 5000 per month for rent, which even I am unable to pay. After this ,in Jun 2010, she also filed case under 498A.
Till date in DV case, she managed to delay the matter for amending matter for mentainance relief. Recently, she is trying to show that she has lost her job and trying to get intrim relief & mntc of Rs.20000.
Are her such grounds considerable for any intrim relief order? Any other thots/suggestion appreciated.
I have filed Divorce petition in Mar 2009, where in she playing all the possible delaying tricks and its at stage of my Cross from next date..
Many Thanks in advance.