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MohammedRaffiq Bijapur   22 June 2013 at 22:22

Filing of petition under sec 128 by husband

Brothers I wanted to know
1)whether a husband, who is facing an order of maintenance, can file petition under Sec 128 seeking permission to deposit the arrears of maintenance in the jurisdiction court where he is residing.

2)If yes its ok if he deposit the total arrears. what is the procedure for enforcement of the balance by respondent (wife) if he goes paying in installments?

pushpakrishna   22 June 2013 at 20:58

Proof of bloodrelation

Dear Experts,
A person married a woman in 2004. she left to her parents house in Dec,2004 and despite repeated requests made by her husband she did return to her husband since then.she blessed with a son in Aug,2006. The person filed a petition for DIVORCE. She filed counter stating that the person is father my son and has maintain and i am ready to live with him.and she filed for maintenance petition in the other court.the both the cases are pending before the respective courts.The person is claiming that the boy is not his son.kindly advice in this regard.how to prove the boy is not his son.

jalesh   22 June 2013 at 17:52

Divorce and maintenance

Our marriage is 16 months old and we are apart from last 9 months. I want divorce from my wife and she is also (supposed to be)agree(vacillates).

How should I proceed for divorce in both situation- if she agree for MCD; and if she does not...?

please suggest...

c. shah...   22 June 2013 at 09:10

Time period for dismiss petition of mcd in absence

After how many days the petition of mutual consent divorce from the date of filing in court will dismiss if one party remains absent in MCD proceedings of court?

Basavaraj   21 June 2013 at 13:54

Dispute between wife parents and husband and wife

Query: Husband(A)advocate and wife(B) are married 10 years back and has a 7 years old son(C). there is no problem among them.husband has handsome income and crores together property.They are living happily.
The problem making by wife's father(D), mother(E) and wife's brother(F).Where D & F are advocates.
The D,E,F, are blaming A that he is torturing, killing B for dowry.
1)The B Said we are happy and have very good relationship, dont have any issues with husband.

2)Where A has no issues with B.

3)The problem creating by DEF.

Kindly tel the solution for it. Thanq

Farid   21 June 2013 at 12:46

Harassed & intimidated husband.

I am 50+ and married since 2 years which has been more like hell torture. My wife is slowly killing me with her mental torture & intimidation with threats of falsely implicating me for demand of dowry. There is no law coming to my help. If I have to survive, I will have to 'run away' abandoning her. My only worry is that can I be traced and arrested for it? Is it a crime to abandon a harassing wife? Would be very grateful for any advice to this aggrieved husband. Thanks & Regards. faridmaqsud@gmail.com

vasukvs   21 June 2013 at 11:37

Divorce petition by huband

Dear All,

I would like to know for sake of knowledge can wife file for maintenance and male child (7 months) custody at the time of filing counter as respondent,
and what the procedure for reconciliation
pl help me
thanks a lot

Amit   21 June 2013 at 11:10

Maintenance in dvc

Hi,

My filed for maintenance under DVC (sections 18 to 22). Residential order is already passed and I am paying the money.

From what I read, monetary relief in DVC is allowed only when domestic violence is proved. Is this true?
Should I stress on her proving domestic violence first before taking up the monetary relief?

c. shah...   21 June 2013 at 09:11

Family court allows poa in first motion of mcd?

1. Can power of attorney (made by one party) apply for convert the petition from sec.13(1)(ia) to sec.13B of H.M.Act?
2. Can one party represent/appear by power of attorney in the FIRST MOTION of mutual consent divorce in FAMILY COURT?
3. Does FAMILY COURT entertain the petition of MCD if one of the parties represented by power of attorney?

sandeep mathur   21 June 2013 at 00:25

Section 13 (1a) and 13 (1b)‏


DEAR SIR

I WAS MARRIED IN YEAR 2000 AND AFTER LIVING TOGETHER APPX 6 MONTH SHE LEFT THE MATRIMONIAL HOME AND START LIVING AT PERINATAL HOME.OUR MARRIAGE WAS LOVE COME ARRANGE MARRIAGE AS PER HINDU LOW.

TILL 2005 I WAS TRYING TO PEACH UP AND RE - CONSOLE MY MARRIAGE FOR THAT I VISITED HER SO MANY TIME BUT MY ALL EFFORTS WAS FAILED SINCE SHE DON'T WANT TO COME BACK. AND AFTER THAT I LEFT MY LIFE IN HAND OF GOD AND ON THE TIME FACTOR BUT WE WERE STILL MEETING AT PUBLIC PLACES AND WERE IN TOUCH THROUGH PHONE TILL YEAR 2009,

IN YEAR 2010 SHE FILED DIVORCE CASE AS PER UNDER ABOVE MENTION SECTION AT TIS HAZRI AND IN THE 1ST HEARING OUR MATTER WAS TRANSFER TO MEDITATION CENTER AT TIS HAZRI IT SELF. AFTER 1 YEAR AND APPX 6 MEDIATION CLASSES WE BOTH HAVE ARRIVED IN YEAR 2011 AT AN AMICABLE SETTLEMENT, TERMS ARE AS UNDER

1. WE BOTH WAS AGREED TO LIVE TOGETHER FROM DAY ONE IN THE MATRIMONIAL HOME FOR AT LEAST 1 YEAR IN THE MEANWHILE MY WIFE HAVE LIBERTY TO REVIVE THE PRESENT MATTER AND CONCERNED COURT WILL ADJOURN THE CASE FOR SINE DIE.

2. WE BOTH WILL LOVE,CARE AND RESPECT TO EACH OTHER AND MAINTAIN A HEALTHY ENVIRONMENT.

3. ABOVE SETTLEMENT ON THE BASIS OF THEIR OWN FREE WILL AND ANY FORCE, PRESSURE AND COERCION.

BUT AFTER THE SETTLEMENT SHE WAS NOT STAYED AT MY HOME FOR SINGLE DAY EVEN SHE WAS NOT VISITED MY HOME IN DAY TIME OR DURING MY ILLNESS SHE BLOCKED MY CELL CALLS ON HER CELL AND ONLY CALL ME WHENEVER SHE WANT TO TAKE TO ME TILL DATE AND ALSO STOP MY ENTRY AT HER PARENTS HOME.

PLS ADVISE NEXT STEP MY ALL BELOW QUERY AS PER SETTLEMENT LETTER BY COURT :

1. IF I WANT RE CONSOLE MY MARRIAGE AND WANT GO ON FAMILY WAY TO HAVE MY COMPLETE FAMILY BUT SHE DON'T WANT GO ON FAMILY WAY EVEN SHE DON'T REPLY ON STAYING LIVE TOGETHER?

2. IF I WANT TO DIVORCE HER WITHOUT SETTLE ANY CLAIM UNDER SECTION 13 (1b)?

3. I HAVE PROPERTY IN ASHOK VIHAR IN MY NAME AND NO ONE IN MY FAMILY SO THAT I CAN NOT MAKE MY WILL IN THE FEVER OF ANY OTHER FAMILY MEMBER. SO HOW CAN STOP HER TO TAKE MY PROPERTY AFTER MY DEMISES WITHOUT MAKING MY WILL IN CASE IF SHE JUST WAITING FOR MY DEMISES .

PLS ADVISE IF YOU WANT MORE INFORMATION IN THIS MATTER AND AWAITING YOU SOONEST REPLY.

Thanks And Regds

Sandeep Mathur

Email : msandeep1970@hotmail.com
Email : sandeep_mathur_7@hotmail.com
Skype : sandeep_mathur_7
Cell no : 9958187010, 9810124769