Anonymous
20 December 2020 at 10:27
I want to file an appeal against divorce decree in the high court , however the lawyer is saying that he will appear in the appeal till it is admitted as thereafter the appeal can take 4-5 yrs to decide. I am unable to follow what lawyer means to say ,'that he will appear till admission .Pls can someone clear my doubts
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Kanchan Singh
18 December 2020 at 15:14
Hi
My maids daughter had given birth to a boy in 2013. She got her son's birth certificate made through an agent.
Now she needs to change the name her name due some issue with her husband.
I got her details and checked it out on mcdonline website to see if the details can be changed online.
The details could be changed online but all the details mentioned about her online are wrong.
For eg : my maid's daughter's age at the time of birth is showing 19 years but as per her Adhar and voter id card her age at the time of birth of her son should have been 22 yrs.
Similarly she is a graduate her education is showing as illiterate. And she is a Muslim but her religion is showing as Hindu.
There is an option of major correction and minor correction but for that to be done my maids daughter will need to upload her Aadhar card or any other ID where her age is different.
As per the information she gave me she had never submitted any ID proof to the agent.
Now what should be done as she needs to change her name and update all the records with MCD about her son.
Kindly advice.
Regards
Kanchan Singh
Arjun Arjun
18 December 2020 at 07:08
My marriage was in 2018.In 2020 September, my wife went to her parents house purportedly for writing competitive exams.But after that she did not come back. When I asked her date of coming back, she vaguely said in January 2021 she has exam and that about February and others she does not know. This incident happened on 3/12/20.After that she stopped calling me and started ignoring my calls. I am not able to see my child also. Her father told me that as I had not gone for her sister's marriage, He needs to think again for sending his wife and grandson to my house.They all(she,her parents, relatives) stopped attending my calls. Her mother last year had told me to get transfer near their house and live in their house. But I had not succumbed to their plans. Kindly advise me how I can get divorce with custody of child
Sameer Tabrezi
12 December 2020 at 20:44
I want to marry with my Girl friend but our religion are not same. Iam muslim and she is Hindu. Can i marriage with her in Court. Iam from jammu and kashmir. Please help me
Anonymous
12 December 2020 at 18:41
Hello Everyone,
My wife walked out on me in the month of Jan'2020. Me and my family tried to pursue her to come back but she is not willing to come and want to get divorced now. I have also agreed to go for mutual consent divorce now.
So, we discussed for the settlement already. Under which, we have only concern of under construction flat on our name. I agreed to transfer the ownership of the flat while she will give us the amount of difference in terms of Cheque. In regard with which, I have below queries:
1. To process the gift deed, she is asking me to give declaration in written that I don't have any interest in house and want to gift her without any consideration. I want to ask that if I should take the difference amount cheque first and give the declaration letter or it is fine to proceed as it is.
2. We opted for joint home loan, so do I need to remove my liability in consultation with Bank first before going for gift deed.
She is continuously following up with me saying there will be increase in stamp duty from Jan and she doesn't want to go for it. So, I need to understand above queries before I can proceed further.
Thank you in advance for your help.
Anonymous
11 December 2020 at 09:40
Respected experts,
I have given evidence of cruelty,abuse in my dv case filed but unable to give the same evidence again in husbands divorce case due to job transfer.The WS of divorce is replica of my dv plaint.Dv filed before husband divorce.No counter claim, alimony asked in divorce .
Do i need to prove cruelty in both dv and husband divorce case ?
As I have not given evidence in divorce does my WS stand false ?
Thank u in advance
Anonymous
04 December 2020 at 17:54
My wife and I are govt employees and residents of Rajasthan. She left our 3-month-old son in March 2017 and then filed a 498A case in October 2017 and Sec -13 (divorce under cruelty) in 2018.
In her cross-examination of 498-A, she accepted that she had denied to take back (accept) her son in front of the Police and she never asked for her son in the family committee. She has also denied taking back her son in front of 498A Judge in 2019.
As she is also working, I had filed maintenance of our son through sec 125 in 2018 and the Order of interim maintenance of Rs. 7000, which was passed in Feb 2019.
In October 2019, I also filed a case of recovery of maintenance for my son from her. Now In Feb 2020 she has applied for custody of her son under Section 7, 10, 25 just to avoid maintenance and pressure me and my family.
(1) Can the court still grant her custody of our son in the above circumstances, please advise?
Anonymous
29 November 2020 at 22:29
Sir i got married on feb 12 2020,we stayed for max 35 days until 15th june 2020,we had some little fights over silly issues raised by her,after june 15 2020,she has not returned to me until now,she has alleged severe false allegations on me and my parents,has alleged that i m impotent,even used abusive languages through her brother,has doubted me over other relations,we had verbal fights over these issues,now she has not communicated with me for 3 months now,she is even alleging that she will file false 498A and DV case against all my family members,she has also told me to stay in their house leaving my old aged parents behind
What should i do now,my lawyer says to go for RCR first as 1 year is not over and moreover we can be saved from large alimony amount,but i want divorce,
So what should i do now?we both are govt job holders and she is earning equal
Jalaj
28 November 2020 at 12:50
My wife failed a maintenance case U/s CrPC 125 in July 2016 in which JM ordered a interim maintenance of Rs. 15000 per month for both my wife and child. I was paying the interim maintenance regularly as per order. Unfortunately my wife was not appearing to give her evidence as soon as the interim maintenance order was passed. She dragged the CrPC 125 without giving evidence till 2018. Even she did not appear after showcause by JM and therefore the case was dismissed on default on 30.04.2018. Thereafter my wife approached the same JM court for revival of the case, but was rejected. Hence she appeared high court U/s 401 read with 482 for the revival of the CrPC 125 case. But the Hon'ble HC observed that "The application under section 125 of the Code of Criminal Procedure stands revived to its file and number" due to the reason that the case was dismissed NOT ON MERIT. Now my wife has filed a maintenance execution petition U/s CrPC 125(3) to claim Rs. 3,50,000 from the original date of dismissal (30.04.2018) till today. Under the above circumstances, I have following queries:
(1) The case stands revived to its file and number - Does it mean that she is entitled to claim interim maintenance from the original date of dismissal 30.04.2018 OR from the order date of high court 12.12.2019??
(2) Is there any chance that I may get any relief if I go for review of the high court order in High court or supreme court so that this arrear of interim maintenance can be waived off??
(3) The date of high court order is 12.12.2019. Can I go for review or challenge it in appellate court now? Is there any time limitation? It was a CRR case.
(4) I filed a Perjury application in the original CrPC 125 case because my wife filed the maintenance case hiding the fact that I was sending her Rs. 15000 to her bank account online every month even without any court order. But JM passed interim maintenance order without considering the perjury application. Is it justifiable legally?
(5) Generally what may the final maintenance amount, as my interim order is Rs. 15000? When the interim hearing was done 2 years ago, my salary was Rs. 70000, now after 2 years my salary is Rs. 1 lakh per month.
Kindly give your valuable feedback to my queries separately serial wise for my better understanding and correlation.
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Getting legal heir certificate without documents
My wife’s mother was teacher who died in 2000 and who purchased a land and built a building by her own money. Father is alive and he later married to other women and having a daughter. She (my wife always in further text) has one brother and one sister. Her brother-sister never shown her any documents either of property or pension or any required documents to legalise the things. She do not have death certificate of her mother neither she has ration card nor her mother’s bank account and details. She insisted to her brother but he is not disclosing her anything. The matter is of Maharashtra and she lives with me in Gujarat. Currently her brother frequently calls my wife and forcing to leave her rights from property, He also torturing his father to force him to give his will to him (brother). Moreover, he (brother) operating her mother’s account and using money not disclosing anything to her sisters. My wife has Pan Card where her father’s name is mentioned and has leaving certificate of school having her mother’s name mentioned. Now kindly tell me followings
1. What is her father’s right on property.
2. What is her rights on money credited in her mothers account
3. How she could apply for legal heir certificate to claim rights on property and get bank details of her mother.
Kindly reply other than this questions as I may not understood the things legally.
Thanking you.