Anonymous
16 September 2010 at 10:14
1. If 125 maintenance case has been filed in court from one side let say "wife" till the case has not been decided, other party same 125 maintenance will be maintainable in court or not ?
2. What minimum legal documents are required to prove the income of some b/c class businessmen like shopkeeper or whole seller ??Will TIN no with some customer receipt of business men be enough to prove the income ?
3.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
4.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
Kindly let me know the link i.e. web address of judgement if you can provide some support of judgement.
Regards.
AR
kamal shukla
16 September 2010 at 00:39
c. The learned MM has chosen to take cognizance under section 313 IPC against the accused/petitioner merely on the bald statement of the complainantEven the police in their charge sheet clearly mentioned that upon verification of the related documents & also after investigation section 313 IPC does not get attracted.
Vinoba
15 September 2010 at 18:02
Hello,
I would like to get clarified on some legal points. I will give the facts in nutshell:
i) 'F' is my client and she died by committing suicide on instigation of her husband 'H'.
ii)'F' and 'H' are having a child aged about 4 years.
iii) Child 'C' is under the care and custody of its grandparents i.e, parents of 'F'.
iv) grandparents of 'C' are around 60 years of age and hence they are not financially that sound but can provide basic necessities.
v) grandparents want to file GOP for guardianship of person 'the child'.
vi)'H' husband is not giving any maintenance for the child 'C'. Husband 'H' is having a property and he is planning to alienate the same to third parties.
What step the grandparents have to take legally.
L. Vinoba,
Advocate,
Pondicherry
Anonymous
15 September 2010 at 14:50
i got married in the year 2008 under hindu marriage act,in kerala.after few months we recognised that we cannot adjest each other as my husband has told me too many lies,he is working in uae,and me too,but we dont have any matrimonial obligations,over a span of 2 years and,he wont come to india for court procedures,even though he has no objection in filing the petition. if i can manage to go back india and file the petition,is it possible to obtain divorce ,if is adamant to come before the court,if he wanted to spoil my life ,dont i get justice from the court?pl.help,
Anonymous
15 September 2010 at 11:21
Dear Sir/ madam,
I was married on the 20th December 2009 and lived with in-laws for 3months since then.
After which some issues were created by my husband. I had to go through a lot of harassment
during my 3months stay at my in-laws place. From the next minute he tied the knot he has been harassing me for every little think, where his family members also joins him in doing this.
When he had come to see me for the first time at my place he had no issues with my weight and soon after the wedding my husband and his family members started torturing me for being
fat and ugly. My mother-in-law removed my “mangalsuthra” on the 15th day from the marriage commencement date.
Now its since 6months that I am staying with my mother, its was a usual weekend that I had come to meet my mother and happen to stay here for ever. Now my husband and his family have relocated themselves from Bangalore to Kerala and Dubai. And my advocate has advised me that I would get an Ex-parte Divorce since he is not here in town.
My question to you is, could you please let me know how long will this procedure take to be resolved and the verdict to come, and what are the steps that I need to take once I have got the verdict of Ex-parte Divorce.
Earnestly looking forward for a response from one of the experts!!
manoj r. dubey
15 September 2010 at 10:59
this is matter under muslim caste in which father died living behind his wife with 3 sons who are married and 5 daughters who are married. father is having various property and the sons are not willing to give shares to there 5 sisters and sisters want there shares. is there any provision under which the daughters can claim shares in the property.
Vinoba
15 September 2010 at 08:22
Sir,
I would like to get clarified on the point mentioned below:
i) 'F' is my client who committed suicide on instigation of her husband 'H'.
ii) 'C' the child is now in the hands of grandparents i.e, parents of 'F'.
iii) Grand parents want to take custody of the child by filing appropriate petition under Guardians and wards act.
iv) Grand parents need monetary help (maintenance) for bringing up the child.
v) 'H' is having a house (self acquired) and is intending to sell the same.
vi) What are the options open for grand parents to stop 'H' from alienating the property as it is only source from which maintenance of the child 'C' can be done.
Please kindly clarify on this point.
L. Vinoba,
Advocate,
Pondicherry.
Anonymous
14 September 2010 at 20:01
Hello everyone,
I filed a DVC against my inlaws and my husband in the month of June. Now we both parties got compromised and my inlaws are ready to take me back.Now all I want to know is the procedure of the closing the DVC. Point here is my husband is not in India.So he wants to know the procedure as the next hearing date is on Oct 8 th.So,please let me know the detail procedure and also tell me how to write a petition to the magistrate informing her that the matter got settled out of court. Your valuable answer is highly appreciated.Thanks in advance.
Mugundhan
14 September 2010 at 15:43
Dear Experts, my client recently adopted his brother in law's child. The child was born at Vellore Dist. in Tamilnadu and the birth has been registered there. The adoption ceremony took place in Pondicherry and the adoptive parents also reside in Pondicherry. Hence I drafted an adoption deed and got it registered at Pondicherry. Now the adoptive parents want the birth cerificate to be issued mentioning their names as parents. What is the procedure and relevant act and rules and citations if any?
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crpc 125 advice
Sir,
Thanks for reply.
1.I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 20-25-30 years and father is asking for maintenance by filing as case CrPC 125.Will court do not consider this issue. ??
2.If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.All above discussion regarding CrPC 125.
3. Father is paying Rs 150 as interim amount according to court order to pay Rs 150 till the wife CrPC 125 maintenance case decision.Birth of son took place at father of mother home.That is father has interaction with son via court case of mother, practically father has zero contribution in the son development.Now when son starts earning, father is claming Rs 10000 per month via CrPC 125 case.
Kindly suggest what should be the son action for father CrPC 125 maintenance case ??
Regards.
AR