Sunny
09 January 2010 at 20:33
Hello,
I would like to know, according to Indian Law, if the wife has full rights to claim the first share on the assets of a Husband, who has died without stating a will.
Also let me know if the percentage share is specified in case of other legal heirs, like mother.
Thanks,
Sunny
Umesh Mali
09 January 2010 at 16:37
Dear Sir,
My Maternal Grandfather and Grandmother died in 2001 and 2008. They have 3 children - 2 brothers and 1 sister (My mother). They have ancestral property (agricilture land) by grandfather's name.Now 2 brothers have sold the proprty without giving anything to my mother.
My querries are:
- is my mother is eligible for 1/3rd portion?
- Is it necessary to have name on 7/12 for a claim.we dont have copy of 7/12 and dont know whether her name is there on it ?
- If the land is sold out,what is the way we can claim and in how many days?
Thanks
Jyothi Anup
08 January 2010 at 14:28
When a wife is filing for Divorce & Maintenance what will be her status is the following conditions:- 1. They have been married for past 14 years. 2. They have two children born out of the wed lock. 3. Claimant is an unemployed person. 4. Husband is not a salaried person. 5. Husband lives on the money given by his Father. 6. There is no property in the name of the husband. 7. But he is one among the share holder of the Hindu undivided Joint family property. 8. Again the property is in the name of a Company. 9. Husband’s father in law receives a huge amount as rent on a monthly basis from another undivided property. 10. The house in which claimant presently resides is in the name of the above mentioned company. In these circumstances, will the wife get a pretty good amount as maintenance? The husband belongs to a affluent family. He is adrunkard and he pays through his credit card which inturn is paid by his father. The wife is suffering from all kinds of cruelty. Physical & mental. Husband even goes upto the extent of character assasination of the wife. Can she get a permennet injuction to stay in the same house which right now she is residing and from not allowing her husband or inlwas visiting her? What will be quatum of amount which she can ask for maintenance? She was given 300 sovereigns of gold and 10 lakh wrth silver items at the time of her marriage. She has been harrssed for more dowry from time to time and the same was aslo given. Will she be able get back only the things which amounted to dowry? Or can she claim for maintenance in the above entioned conditions
Pawan Patil
08 January 2010 at 11:34
Dear Sir/Madam,
My wife has made suit file against me for maintenance (Podgi) at kalyan Court u/s 125 & Pimpari Court under domestic violence Act also.
She has submitted in her Affidavit that she is living separately from her father & submitted leave & license agreement with duly Notary for getting more maintenance.
In deed she is living with her father. I want to get documentary proof so I had sent a registered Ad to her new address. The said registered AD was got back to me with remarked the said address was wrong. Thereafter I sent one money order & courier also. Both are got back with remarked the said address was wrong.
Above fact & documentary evidences will apex in Court.
Can I filed FIR in Police station for cheating case?
On above ground court will dismiss her case?
Can anybody guide me on above ground?
Regards, Choudhari
M.V.krishnarao
07 January 2010 at 17:28
In continuation of my Quarry dt.04-01-2010, we submit some other doubts on the same subject.
Details of the case
Both Wife and husband are Indian citizens - marriage held in Andhra Pradesh on 17-02-05, while the husband was working as a software engineer in USA on H1 B visa and Wife a qualified professional BDS Doctor went to USA on dependent Visa - lived in USA out of wedlock for about three years- son born in USA on 03-08-07- both returned back to India in January 2008 to attend the marriage of husbands brother - wife a dentist- written TOEFL , GRE etc., while they were in USA – Wife got admission for MS in US- wife was sent by her husband to US for studies in MS on student Visa in Sept 2008. He assured his wife that he will be back to US after settled some issues with his father and his other family members - she went to US along with son for studies in Aug 2008 - husband has not joined his wife at US as assured instead - He filed Divorce petition (A.P – India) in the court u/s 13(i) (1-b) in Sept 2008 – Got exparte orders without service of summons on his wife in March 2009 – Wife visited India in Aug 2009 – When she went to her husbands house she was abused kicked out by her husband and his family members saying that they got the Divorce orders – Wife filed set aside petition in the same court – The petition is subjudice for trial in the court – Wife went to US for completion of her MS course of studies – Son with the maternal grand parents at ( A.P - India) – Now she intend to file a petition in the court of USA for maintenance of her son (minor male child) who is a citizen of USA in the status of mother as natural Guardian – If the decretal order if any of the US court favours the plaintiff or the petitioner the wife, can it be executable in India?
A reply has been received from Ld Expert Raj Kumar Makkad.
Thankyou very much for the reply. It is also requested that the Apex court order No and date of judgement may please be furnished so as to enble us to find it with out any loss of time.
In addition to the above please advice us to the following doubts?
If the US court send the summons through due process and if the summons were served on the Husband through due process in India, and If the husband fails to attend the court at US and if the US Court pass ex-parte orders.
Whether the ex-parte orders can be executable in India?
(For the ex-parte orders passed by the US Court) in which court can the husband file set aside petition or appeal whether in India or in US
please clarify
with regards
Anonymous
07 January 2010 at 15:51
we have been staying together for 7 yrs , but due to drunkard habit of husband I'm living separately since one and half year . .I have not yet get divorce but it is in process, i have one daughter . my husband don't have any property in his name but my father in law has 2 big houses in his name in mumbai n pune so can i claim my daughters share through his father's share in property .
or can i get court's order to get my husband's half salary ,his present income is very good and he is not giving any maintenance to us.please advice me
Anonymous
07 January 2010 at 15:43
Mine was an arranged marriage (Hindu) with both parties agreeing for the marriage without any demands etc as we are a very broadminded family.Within 5 days of marriage my wife left for her parental home.The marriage was not consummated and I pleaded with her to return.She has reported back to work and stays on her own at the place of work which is few miles from her parental home.Her parents and my parents have both asked her to return but she said that she was not coming back nor giving any reason for desertion.It is 6 months since the desertion.Her people still want to persuade her, but I don't want her to be FORCED to come back.What is the legal recource I have? As she has clearly indicated her disinterest her parents are persuading her.How long can this go on?
Somnath Sinha Ray
07 January 2010 at 15:17
My name is Somnath Sinha Ray. I am an architect from Shibpur B.E.College & now a days I am doing my own consultancy with two of my partners. I got married in the year 1995. Unfortunately we not have any kid. My brother got married in the year 2005 and they had a very sweat baby girl in the year 2007. We were having a joint family system.
On 14th Jan 2009 my brother’s wife along with the baby left us and went to her paternal house. We went to her place two / three times to convience her but couldn’t bring her back. We even tried to bring them to our new furnished flat across the road but were not successful. During last one year I personally visited her paternal house as well as baby’r Montessori school so many times and used to call her & send sms.
Recently she filed an 125 against my brother and my brother also filed a case of Restoration of conjugal married life. The hearings of both the cases are still pending.
The baby alias Rohini is the only child in our family & I cann’t survive without seeing her. Last Sunday myself with my brother went to her paternal house to see the baby. That day they first threatened me not to come to their house again and later on registered a g.d. at local police station and the police officer told me not come to their house again without court order. They have already stopped bringing the baby to school. I am now in a very helpless situation & I can’t see the baby. She is the only hope & future of our family & they are purposefully doing the “Emotional Blackmailing” to all of our family members.
Is there any rule in favour of us ? How to see the baby ? If someone can guide me.
Thanks & Regards,
Ar. Somnath Sinha Ray
M-0-9748700816
Anonymous
07 January 2010 at 12:44
i am a govt employee.i have married on 15-03-09 in hindu marriage system.on marriage ceremony sapthapadi has not takes place.from then on we had cohabit only for two months.from then on she is torturing me for money for their debts.& we both feel with ego problems.now she is pregnent &she denied for cohabition & intercourse &she left my house without reasonable cause.
my questions are
1)is it a valid marriage?
2)if i go for conjugal rights "if she comes for one week & if again go with her parents witout reasonable cause if it is repeated again & again" what is the law says.then i go for divorce?
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maintainance
can anybody send me the judgement of rajastan high court who has passed the decree in favor of the husband and denied the maintainance whose wife has left the job for seeking maintainance. this is needed on urgent basis.