ABC.......
03 October 2009 at 23:51
Wife is prof qualified and is earning but she is earning much less than her husband. Can she claim any maintainence or alimony from her husband in case of divorce. If yes, under which act and under which section/ case law. Please advise in detail.
dear Sir dear freinds
My friend got married to a women who was/is self dependent and 8 years elder to him. She left her government job and was leaving self sufficiant life. My freind got atttracted to her for her self sufficant way of life. They got married. My freind was visitng her on week ends only. This continue for one and half year. during thier comman stay my freind realised they cant live togather and he collapsed mentally and emotionally.
Now he has filed petition for divorce.
The women has filed application for maitainance.
The fact of the case is that that the women, prio to thier marriege was self sufficiant, during their cohabitation at week ends both were spending their own money. When this week end commn stay stopped therafter she is living self sufficant life. This is documented in wife's letter to freinds and relatives and her husband i.e. my freind.
Please help us to fight against her unfair demand of Maintainance. also please supply us information with authority_case laws.
Thanks Happy Gandhi Jayanti to all freinds on Lawyers club. Rajesh Mishra
Atish
02 October 2009 at 12:26
THE DIVORCE CASE IS GOING ON AND PENDING IN THE FAMILY COURT AND THE PETITIONER(THE WIFE) HAS LEFT THE HOUSE ON HER OWN ACCORD WITHOUT INFORMING ANYONE AFTER FILING THE CASE FOR 3 MONTHS. AFTER THAT TOO SHE HAS GONE AND GIVEN A COMPLAINT IN THE CRIME BRANCH IN THE ‘MAHILA SHAKHA’AFTER A PERIOD OF 3 MONTHS.
THE COUNSELLORS HAVE SPOKEN TO THE PETITIONER AND RESPONDENT IN THE CRIME BRANCH ‘MAHILA SHAKHA’ AND HAVE SEEN THAT THERE IS A PENDING CASE. THE RESPONDENT HAS BEEN TOLD BY THEM TO GIVE THE STATEMENT ACCORDINGLY.
IF THE PETITIONER HAS STILL GIVEN HER STATEMENT OF HARRASMENT THOUGH NOT PRESENT IN THE HOUSE FOR THOSE MANY 3 MONTHS, THAT THEY SHOULD LODGE A POLICE COMPLAINT, WILL IT STILL BE ENTERTAINED BY THE POLICE AND WILL THEY STILL GO AND ARREST THE RESPONDENT.
WHAT IS THE WAY OUT?
whether a case of Section 13 Hindu Marriage Act be decided on accepting total petition of applicant, as Section 13-B of Hindu Marriage Act?
With all the abuse of 498 by women can I make a suggestion and is it possible: Suppose the mother-in-law leaves the house and files a 498a against her daughter-in-law and daughter-in-laws family.
one child by name divya born to mr. mrs. venkatesh family. After the birth of divya mr. Venkatesh handed over divya to one Mr. Sreeramulu and family, who are not having children and requested Mr. Sreeramulu to return his daughtor Divya after Sreeramulu blessed with child. Accordingly Divya is with Mr. Sreeramulu and family. Now Mr. Sreeramulu also blessed with one child.
Now Mr. Venkatesh wants to take back his daughter. No adoption. But Mr. Sreeramulu is refusing to give custody of Divya.
I filed petition under guardian wards Act. But the court returned the petition by questioning the maintainability of the petition.
Please know me the correct procedure along with citations.
Dr. Mehta and Renu got married. They lived together and led their life in a peaceful manner. Renu has done her B.Sc and she got admission in a pharmaceutical college at Nagpur with the consent of her husband. After obtaining the degree in pharmaceutical college. she joined as a pharmacist in government dispensary near Moga sometimes Dr. Mehta used to visit her and sometime Renu visited the residence of her husband. they continued to cohabit at least for three years. thereafter some difference arose between them on the issue and Dr. Mehta asked her wife to leave the job and join him. Renu refused to join him and the husband filed a petition for restitution on conjugal rights. discuss the matter and please suggest some decisive and latest authorities.
allurisivajiraju
29 September 2009 at 20:46
Respected Seniors,
In a family wife purchased 4 Acres of land with the funds of her Stridhana. There is no properties in the name of Husband. They had two children son who is not married and daughter who is married and deserted by her husband and at present she is living with her brother.
Subsequent to that wife died intestate. Husband re married with another lady and living separately with her. Son and daughter living separately without the support of their father since their father neglected them after his 2nd marriage. At present the said property is in custody of their father.
In the above circumstances what is the right of children with regard to the above said 4 Acres of land. Is it possible to get 4 Acres of land by the Children since their mother with the funds of her Stridhana acquires the said property?
Thanking You Sir in advance.
Priyanka mehta
29 September 2009 at 18:03
sir,
wife has not agreed the same but she is residing seperately since 2005 and earning Rs. 5000 p.m and never took any efforts to reconsile and whenever the husband asked her to come back wife denied.
is there any judgement where maintenance to earning wife denied as she deserted the husband without any reason.
wards & guardian act and about visitation rights of a father
i was mrried in nov 2003 and was blessed witha girl child in dec 2004.inspite of very good educated and doing a v good job my wife is suffering from manic depression and the problem is that she is not ready to accept this and does not want to take medicine and never cares for her child and my parents and a unmarried sister have grown the child till now.she left me and my daughter in oct 2007 and start living with her parents.she did not care even for his daughter but was regularly attending her job.at present she is doing two jobs.in aug 2008 she abducted the child directly from school and now i am fighting a guardian battle with her.she leaves the house in 8 am in the morning and comes back by 9 in the night from monday to saturday and after that she is doing another job from his house where she has to dedicate atleast 5 hrs on the laptop.the house of her parents has a boys hostel on two floors and a beauty parlour and a property agent and a computer training shop run by my wifes mother and other tenatns and as such the child is neglected the whole day with no friends and no body to take care with 45 boys living in that house and regular disturbance.since whole day the child is with her nani in beauty parlour she is learing the things at beauty parlour insted of toys and other things to learn required at her age.my wife has denied all this facts and i have submitted all solid photogrpahs and papers and medical papers of her treatment in this regard.i want to ask from u what are my chances to get custody and can i get the visitation rights outside the court since i come to know that the court is only giving visitation rights in court complex and i just dont want the child of such a age to come to court complex since i just want to spent quality time in a good enviroment with my daughter.