Order to pay 1800 pm as interim held against my client in 125. After order my client revealed that he is paying 1500 interim under h m act. What to do now.
Anonymous
03 July 2010 at 22:00
I am not in talking terms with my wife and her parents. She is residing in her brother's flat with parents. I have no address of the flat.I also do not know the address of the school where she teaches.But I can spot the location of the flat and the school physically.I have the address of her ancestral home(they now dont live here) with documentary evidences such as marriage certificate.Can I take ex-parte divorce sending summons to her ancestral home.
Anonymous
03 July 2010 at 18:41
I married a Central Goverment divorcee woman having 2 daughters from her first husband. She died of cancer a year later. Minor daughters 8 & 10 remained with me and they were treated like my own children. I applied for guardianship of minor daughters in session court.
I was getting family pension.
I remarried after 9 months of death, but continued to recieve family pension for 2 and half years after remarriage. Then on advice from some lawyer I wrote to bank to stop transferring pension in my account and it was stopped.
Children remained with me all these years and and I got guardianship from court after 7 years recently. Children are now 17 & 15.
What should I do now to claim Family Pension of last 4 years and for children in future.
V K Manchanda
Priyanka mehta
03 July 2010 at 18:08
husband has filed petition for restitution of conjugal right but wife has sufficient reasons to live separate from husband and have also lodged sec 498a against husband..
can she claim maintenance under sec 125 of crpc? or it is good to claim maintenance U/s24 of HMA
Vaibhav
03 July 2010 at 13:03
My first motion mutual concent divorce judgement has the line - 'all the issues pertaining to maintenance, permanent alimony, dowry and Istridhan, etc. in full and final.'
Since this statement is bit ambiguous, the girl's side want to include a line in the joint petition for the second motion that -'No alimony was asked for,nor given'.
Using this logic should we insist on -'No alimony and dowry was asked for,nor given' or it does not matter?
thanks
Once a NAME mention in birth certificate(kept under Birth,Death & Marriage Regigitration Act)be amended ? If yes,What's the Procedure?
sir,
marriage taken place at mumbai but since marriage 2 years me and my wife staying in karnataka . i applied for divorce in karnataka and she filed false 498a in karnataka were incident took place and where she stayed for long time.now after filing false case she has gone to her parents home mumbai. can she take case transfer? if she wants transfer she has to take it from supremecourt as its inter state case? as her father threatened me if i go to mumbai i will be sacked and threatened and my dad has undergone heart by pass surgery i m the only son to look after him and i m govt employee doctor in karnataka i will not get leaves .can i appeal for not to transfer and run case in place where i have filed as she is not govt employee,as i have many reasons (above mentioned)and difficulties to attend in mumbai. she can do it to torture me spoil my money and make me wander from karnataka and mumbai. its just my guess as she is not appeared for 2 court dates she may or may not take transfer. but i cant afford to attend if she takes and i want it in karnataka where 2 yrs she stayed and filed falser case. pls advice me how can i fight to retain this case in my place.
Anonymous
02 July 2010 at 14:37
My friend has an inter-cast love marriage. For the last 4 year, starting from the days of marriage his wife living separately for the sake of job. From the initial days he is disagree with this decision. She told him that she will come back within 1 year. Now my friend is not sure she will leave that job and come back in future. She only comes in long holidays (approx. 40 days in a year) to stay with him. My friend is staying in a state capital where there are plenty of opportunity for job also he is earning handsome amount(Rs 50000 pm) from the job. She is getting Rs 30000 from her job and staying in an interior area of the state. They have a son of 2 years old staying with her. He lost the golden moments of his marital life and now he is missing his son. He is going through severe mental stigma. Can he force her to stay with him legally OR shall he go for divorce? He needs child custody. What can be the grounds for divorce? If he keeps the son forcefully to start his studies in capital city will it be illegal and can the wife take legal action?
Anonymous
01 July 2010 at 19:50
I am undergoing forceful mutual divorce initiated by my wife, I joined her as my in-laws threatened me to make me jobless through fake 498a in-case I won't help in mutual divorce.
My wife is carrying many affairs since our separation and her late night corporate relation over mobile with her colleagues was main reason for divorce situation. Currently she is having affair with one of her married colleague. Both are chatting till morning 3am. Moreover her mobile bills reveal that they are exchanging MMS also.
Before filing mutual divorce petition, I had clearly told her that mutual divorce will proceeded only if she will stop such extra-marital relation (though she can continue it after divorce only), but she is behaving absolutely reverse to it. I just don't want to go ahead with such embarrassing situation. And wish to pull these cheaters into court.
How can I ask mobile operator to save her & his all voice/data/sms records as archived. Can anyone guide me here.
We have no child and have completed 2yrs of marriage and staying separate since last 1yrs.
Please help me. I know, I must ignore her such behavior and get peaceful divorce first for sake of fake 498a. But I'm just unable to live my life. I wish traitor must learn something from cheating acts.
Maintainability of a divorce petition
Dear Sir/Madam,
I have received a divorce petition under Hindu Marriage act on the grounds of Cruelty.
The fact is that my husband is born a christian and never converted to Hinduism, though the marriage on his request was performed with Hindu rituals in the presence of both families. Both families did not know that a non hindu cant get married to a Hindu ( I am a Hindu). No certificate was issued on our marriage, though we have our wedding picture which he has attached in the petition. The marriage was never registered under special marriage act. Later, 6 years after our daughter was born at the time of her baptism, we got our marriage registered in Church without myself getting converted to Christianity. I have the marriage certificate with me issued by the Church. Interestingly, my husband has not mentioned this fact through his petition and said since his acquintance with me he was living the Hindu way. I do not even understand what is the Hindu way of living--we never went to any temples, or performed any Hindu rituals through out 20 years of our marriage.
I have been put under tremendous pressure by my in laws to get converted which I resisted through out.
1, Shall I challenge this petition on the grounds of maintainability?
2. Shall I proceed with the counter without challenging it?
3. Any possible motive as to why his legal adviser suggest to him to choose one over the other? Surely his legal adviser must have been aware of the non maintainability of the petition?
There are two views on it. According to one view its maintainability should be challenged, but according to the other view another one says that it is Ok to proceed with the Hindu marriage act without challenging it and we can take the pressure on me to convert issue later in the proceeding. I do need your expert view , so that I can arrive at an informed decision and take my stand in consultation with my legal adviser.