Anonymous
28 August 2010 at 17:35
I was married and in Feb'2008 got a divorce decree through mutual consent. Now after the divorce my ex wife has filled a case against me under Domestic Violence Act, Is the law clear in this aspect as during the tenure of complaint period, i am not into any relationship with the complainant.... please advise
siranjeet
28 August 2010 at 08:29
in cotinuation with my query section9 of HMA & divorce yesterday
in ur opinon court will set-aside the exparte decree of section 9 as she not received the summons knowingly & on ground that every person has right to present herself before court as she is being a lady just to pay small amount of fine
M Ravinder Babu Advocate Parka
27 August 2010 at 22:28
CAN A FATHER AND MOTHER OF
DECEASED EMPLOYEE IN SINGARENI COAL MINES AP CAN CLAIM DEATH BENIFITS OF HIS SON
INDEPENDENTLY OR ALONG WITH DECEASED WIFE AND HER TWO CHILDRENS
WHAT WOULD BE THE SHARE OF FATHER AND MOTHER WITH THAT OF DECEASED WIFE AND HER TWO CHILDRENS
vicky kumar
27 August 2010 at 18:09
sir my family member got AP bail for 6 month from 22-february to 22 august after agreement bond b/w my father(on behalf of my brother,sister&mother)and my wife .she declared before the court that she will live with husband wherever he lives and not with parent-in-law.on the basis of this statement my family member got anticipatory bail.i have also got AP,but couldn't sign it due to continuous absence of my wife in the court.now when we appeared before court for continuation of AP bail on 23 august then it was not continued due to absence of appellant.my wife came with me but she fled to her sister home.she intentionally did not appeared in the court and she has threaten that she will make every effort to cancel our Anticipatory bail.she is demanding huge amount of money.next date in court is 18 September.i have two younger brother,one working in Hyderabad for past 8 year and one brother studying in Delhi for past 5 year.i am resident of Bihar and working in Maharashtra.my brother rarely visited home during my stay at home.even one of my brother was not present in my wedding ceremony,which took place in 2004.we are harassed in appearing in court since me and my family resides far away from my wife home.
what should i do now to continue AP.
can my brother get AP from their residing place and file complent against false 498a case.
Anonymous
27 August 2010 at 12:35
Dear All experts
Please advise when can i file for divorce since she left me on in last week of April-2010.I want divorce from her as she is characterless and senseless also.
On what grounds i can file for divorce?
She does not want to leave her parents and her job in delhi.She straightaway refused my request to join me at Ahmedabad.
She also threatens me of dire consequences!
Please advice me as i am in a very depressed condition!
Warm Regards
Anonymous
27 August 2010 at 12:06
Seven year before the marriage was solemnized and they are having 6 yrs daughter and 7 yrs son. Husband is drawing 10,000/- and wife 30,000/-. Now due to some dispute she wants Divorce. ANd i want to know that whether she is entitled for maintenance and custody of the childrens though she is drawing more salary then husband.
Anonymous
27 August 2010 at 09:47
Sir,
While filing the partition suit I have not mentioned in the plaint the rate of mesne profit and the amount to be claimed from mesne profit. The Hon'ble court awarded mesne profit in the judgement but did not mentioned the rate at which mesne profit can be claimed. The decree was passed granting 2/3rd share to me and 1/3rd share to my sister. Before filing the suit my sister was occupying the whole open land and house. The suit was filed in 1997.
Now how is the mesne profit calculated or at what rate What is the criteria for calculating the mesne profit. What method is adopted in case it is not mentioned in the plaint. My right to claim mesne profit is forfeited If I have not mentioned in the plaint specifically. I prayed for any other relief the Hon'ble court may deems fit. The court has decree the order for mesne profit.
Can I claim mesne profit and at what rate I should claim mesne profit while filing for mesne profit.
Please advise me. I will be grateful for your valuable suggestions.
Thanking you,
Yours faithfully,
M.S.N.
siranjeet
27 August 2010 at 08:09
my friend married in 2000 & his wife is govt. teacher & has 6 year old son. they got seperated in year 2007 as his wife deserted him & start living with her parents along with her son by got herself transferred to her parental town .my friend filed a case under section 9 of HMA in year 2008 in district court.The summons were served through all channels as per law .Firstly through court messanger & he commented that no such girl is residing at this given address.Secondly through registered post at her official address from where she refused to receive summons from postman .Thirdly court notice was published in daily regd newspaper & The court awarded him ex-parte decree of section 9 of HMA IN SEPT. 2009.Her wife wants neither to divorce him nor to join his company.He applied for execution of decree of section 9,.this time She received the registered summons of execution of section 9 of HMA ON THE SAME ADDRESS from where court messanger commented that no such girl is residing at this given address. After receiving the summons to prolong the court proceeding ,she filed a case to set-aside the exparte decree of section 9 on grounds of ignorance about this case with a plea that she never refused registered summons &never received any summons through court messanger ¬ read the court notice published daily newspaper as no circulation in her locality.
now my query is
1) Can my friend file a case of divorce now in sept.2010 after the completion of one year of ex-parte decree of section 9 while case of set- aside the exparte decree of section 9 of HMA is pending in court.
Adv. Deepak
26 August 2010 at 22:57
Respected Members,
Can a child below 18 yrs. claim rights in the property held by his mother? The property mother has acquired from her father. It is in her full custody and she is in a position to dispose it off. Can her son restrain her from selling it out by way of injunction or by any other way? The child is living with his father who is earning good income. His father and mother are living separately for more than 2 years. The interest of the child is to restrain his mother from selling it out. Please help.
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Sec 13- B
A illiterate lady has gone to a Advocate for filing divorce petition on her behalf for getting divorce from her husband and getting back her dowry articles and for maintenance and her advocate filed divorce petition u/s 13 of HMA. But when the respondent appeared, the advocate of the lady connived with the advocate of the respondent and respondent filed an application for converting the petition U/s 13 to 13-B and the counsel of the lady got thumb marked on the statement of no objection without disclosing anything to the lady. He also filed petition u/s 13-B HMA without disclosing any fact to the lady.He also wrote in the petition that the lady has received all her dowry articles and future maintenance in lumpsum without disclosing the amount. But the lady did not receive any thing from the respondent. The counsel of the lady also gave statement about this in the court without disclosing any fact to the lady. As the lady is illiterate she thumb marked the statement. And the judge without asking anything from the lady adjourned the petition for Six months.
Now the lady came to me and I inspect the file That fact came to the knowledge of the lady. She is totally unaware about these facts.
Now the question is whether I can disclose all these facts to the court when the statement is recorded in the presence of Judge. If yes what should I do? Plz reply