ravi
15 January 2010 at 11:20
i married on 13.6.2002. i have a male child on 2003. we are separated last on year. my wife reside with her parents. she in only daughter for her family. i sale my property to my sisters husband in feb 2007. My wife filed DV case against me, my mother, my sister and sisters husbend for want of maintenance, give property by cancel sale. Is possible to cancel the sale and got share. i earned monthly 25000 per month approximately what amount share to be given to maintanance.
Anonymous
14 January 2010 at 20:49
My ex-parte HMP is dismissed on the ground that I have not proved my case.In judgement court held that I have not examine matarial witness i.e. my friend but I have examined him & his evidence is on record & also exhibited by court.In such situation What shall I do?
Mukesh
14 January 2010 at 18:02
Honourable Members
I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.
a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA
Anonymous
13 January 2010 at 22:16
Would anybody furnish the copy of application for registration for adoption of a child and its procedures and list of documents to be filed and the authority to file etc.
Anonymous
13 January 2010 at 21:36
RESPECTED Experts,
I have married before 2 yrs.+8 months with a girl.
Being related to very High society family the girl decided not to live with me any more and she blamed my family members in society.
but till now no civil/criminal case was filed by her.
She is at her parents home from 2yrs. and still is there.
Now it is decided between us to divorce.
But bride side is saying to give D/D or Rupees(decided) to a third party.
Although the IIIrd party is our reliable but due to minimum 6 months of divorce U/s 13-B(mutual consent, the draft become invalid after 6 months.
And bride will sign in first motion only when the D/D or Rupees is given to third party.
So our Lawyer decided that we will give D/D to third party and then brideside should file petition U/s 13(1)(ib) i.e.for DESERTION.
and thereafter we will write all our conditions in W.S.
He said it will take only 2-3 months.
NOW my question is that IS it good or bad for us(groom)?If not good for us then what should be done?
Thanx
Anonymous
13 January 2010 at 20:18
Dear Experts,
Is it possible to reduce minimum period of 6 months of mutual consent divorce?
If yes then HOW?
and what is the probability of this reduction.
as I have to go abroad 3-4 months after now.
Is it good for me(BRIDEGROOM) to make file divorce petition U/s 13(1)(ib) from the side of bride.So that it can tackle in 2-3 months.
Is there any bad thing in it for me?
and afterwards we will write all the conditions in W.S.A.
AS I m giving Lumpsum alumini to her.
Thanx
Anonymous
13 January 2010 at 19:34
Is it worthwhile to file INFORMATRIC PETITION U/s 39 in District court to safeguard against 498A.
Although negotiations are going on towards Divorce by mutual consent.
(Hindu+Groom)
Thanx
Amit
13 January 2010 at 13:18
Sir , My best friend get married two year ago, but behavior of his wife & her parents so bad with my friend from the first day. In Two years his wife stays with her parents more than one year now she is also with her parents from more than seven months. She has a son of three month. His wife not wants to live with my friends. I say to my friend that they will file a case against my friend’s family U/S 498A for dowry. Can my friends and his family protected from a false case of 498A?.If my friends go for divorce on the bases of that his wife not lives with him more than seven months than what about the child custody. He is very tensed so Please advice soon
Mukesh
13 January 2010 at 12:26
WE ARE GOING TO FILE FORM 13B SHORTLY. I WANT TO INCLUDE FOLLOWING POINTS IN DEED :
1) THAT WE HAVE RETURNED ALL GIFTS RECD FROM GIRLS FAMILY WHICH WE HAVE.
2) THAT THERE WILL BE NO DEMAND OF ANY NATURE WHATSOEVER INCL STREEDHAN/MAINTENANCE/MARRIAGE EXPENSES IN FUTURE.
3) THAT BOTH SIDES HAVE NOT FILED /SHALL NOT FILE ANY CIVIL/CRIMINAL CASE AGAINST EACH OTHER AND IF THERE IS ANY THE SAME SHALL BE TREATED AS WITHDRAWN.
MY QUERIES ARE
A) THE GIRLS SIDE IS INSISTING THAT THE ABOVE POINTS SHALL NOT BE INCLUDED IN THE MAIN PETITION BUT SHALL BE INCORPORATED IN A SEPARATE STAMP PAPER WHICH MAY BE NOTARISED.
B) WHETHER A SEPARATE AGREEMENT IS OF ANY RELEVANCE OR THE SAME IS OK AND IN FUTURE WILL BE TREATED AS A VALID DOCUMENT. SHALL I AGREE FOR THE SAME ???
C) I HAVE AGREED FOR A PERMANENT ALIMONY, WHETHER THE COURT HAS THE POWER TO INCREASE IT AFTER WE JOINTLY FILE FORM 13B OR WHETHER THE GIRLS SIDE CAN DEMAND IN COURT THAT THE SAME SHALL BE INCREASED.
D) WHETHER PERMANENT ALIMONY FIGURE NEED TO BE DISCLOSED TO THE COURT OR IT CAN ALSO BE INCLUDED IN THAT SEPARATE AGREEMENT? IN THAT CASE WHETHER IT IS VALID ?
KINDLY HELP ME TO TAKE A SOUND LEGAL DECISION.
MUKUL GUPTA
P.S. - ALL THE BELONGINGS OF GIRL HAS BEEN RETURNED TO A MUTUAL FRIEND AS PER A VERBAL AGREEMENT. CAN THEY STILL THREATEN US WITH 498A?
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