Anil sharma
17 June 2013 at 17:41
Sir, My wife is residing in company provided residence and i am giving her Rs.8000 PM regularly, after three years i will be retire from my service and i will get the sump sum amount provident fund+ Graduty+ Leave encashment from my employer.
I want to know that can my wife ask any amount from my lump sum amount.and can get orders from the court.
Kindly help me to give the answer of My query
Thanks ANIL SHARMA...
Vaseem Mustafa
17 June 2013 at 17:22
I have divorced my wife as per Muslim personal law in 2009 as we are both Muslim. Then in she filed maintenances petition in Hon’ble court which i accepted in first hearing to pay for my daughter as she herself being a govt employ .But she refused to accept she went for execution petition after a year then left that petition again. Now she reapplied for execution petition which i am ready to pay, as these are huge aerriers/outstanding of four years. I am legally bound to pay aerriers/outstanding of four year or as my lawyer says i to pay only of 1 year.
Also as my ex-father has lodged no of case against me like 498a,406,RCR,Contempt for 2nd marriage, Women Commission ,SHRC, Women police were FIR for 498a & 406 was lodged , RTI ,My Department were i have to face departmental enquire, State Legislative Council Concerned Minister, so on & so on .I was so involved that frankly speaking i didn’t had the time to be free even for a single day without court case ,as a when any case was disposed they would soon go for revision in higher court more over as they would get intuition of any case is going to dispose they would go for transfer application. Now finally i have case of 498A & 406 & SHRC.
Because of these court cases i couldn’t see my daughter even though i requested my ex-inlaws no of times to at least show me daughter but they didn’t listed & were hell bent on give me one trouble or other ,also my lawyer advised me not to go at her home to see my baby as she will lodge another FIR against me. Now i have applied in Hon’ble for visitation right for my baby for which hearing is on 23-06-2013, Kindly advise me how should i regularly see my baby without any hurdles & moreover i don’t want my baby who is 4 year to be in court, and one important request to all is kindly advise me how to handle my baby as i have never seen her from lost 3 years i want give her my love & see my life in her. Plz advise how to manage/understand her so that i can give her my love. I don’t have any objection even though she will stay with her mother but she should get the love of mother & father also.Plz advise.
Sudarshan Mudaliar
17 June 2013 at 16:42
My wife had filed a fabricated Domestic violence case against me, now when it cane to submitting of evidence they have agreed to settle for a lumpsum amount and close the chapter of marriage
Thus we need to apply for Mutual divorce. They wanted us to pay the money first and then proceed, which we flatly declined.
Now they want us to submit 50%, I strongly fear that they would take the money and after cool off period they ask for reunion / withdraw consent of some fabricated grounds.
Can I have a clause that i would deposit a AC payee Demand draft in name of my wife after we have appeared the court after cooling period, we both agree that the marriage has broken down and we do not want to reunite. after this is recorded in court i would submit a AC payee Demand draft in name of my wife at the court treasury. And after passing decree of divorce court would hand over the DD to her.
here i am not cheating as i am submitting the amount with court, so it is not with me.
And Court never cheats, its an institution. So court passes the decree and my wife get the money from court and this way does not has a chance to cheat.
sivakumar anand
17 June 2013 at 16:41
Dear Experts
My Friend belongs a muslim family. His wife's father who is also a muslim has died intestate leaving two daughters , two sons and the widow. He has an house which is on a 500 sqft land in a prime area. Now the house has been given for rent and the rent is being enjoyed by my friend's mother in law. His brother in laws are planning to sell the house and also stating that they are not willing to give a share from the house to their sisters and mother.
Kindly advise as to how they can get their share?
Regards
Siva
Amit
17 June 2013 at 15:44
Hi
I filed the divorce and my evidence stage is completed in section 13. My wife statement has been done and due on cross on next date.
I need to know two important things:
1. can I still submit more documentary evidence during her cross while asking questions.
2. Can i Submit original cassette for a DVD that I submitted duringmy evidence. I submitted an application for submitting original casssette, camcorder etc and The judge has cancelled my application stating that my evidence stage is over and since the case is expited by the High Court, there is no room for adding more evidence.
3. I submitted another application for sending the original cassette to forensic lab which I wanted to submit through other application and since judge could not reject it so she has asked my wife to submit her reply on this application.
Just so you know, I do not have a lawyer in this case.
Please help if you know about this.
Thank so much
Amit.
yusuf
17 June 2013 at 14:33
Hi
we are 2 brothers from 2nd wife of father both now adults, we have had a big dispute with father and we have to be honest that this dispute is between my mother (ex wife of our father) and our father.
On following advice from mother, we have committed wrongful action against father (done criminal fraud and removed money from fathers bank account with doing copy signature on fathers cheque book and withdrawal money)
Father now wishes to divorce his relation with us 2 sons as we have not been honest and have followed wrong advice. also money taken from account is in our bank account and father now distrust us 2 brothers.
can father boycott us 2 brothers and divorce himself from children of ex-wife who was 2nd wife, and favour all children from 1st wife who father still married with
can father exclude us 2 brothers from final will and only include other 4 children from 1st wife.
please help to put matter right
Sudarshan Mudaliar
16 June 2013 at 16:49
I got married in 2009 and the marriage lasted only for 1 month. Later she moved out of my house and started staying with her parents in Nagpur.
9 months later she filed a case of Domestic violence and Dowry, and in their prayer they had asked for Interim maintenance
The case has been ongoing, In Feb 2012 order was passed for Interim maintenance, 2500 was decided on monthly basis, which we have been paying.
6 months later they challenged the decission in Session court for revision on grounds of inflation.
Here the Judge suggested for a Negotiation which would be done by a Judge.
Now in this mediation the party agreed for one time payment and close the case.
I understand we will have to file a case for Mutual Divorce, The questions that have are -
Q.1 - I dont want to pay money before decree of Divorce is passed as i fear the party will take money and withdraw consent / ask for reunion or hike in alimony
Is there a provision where the money /draft be submitted with court and once the Decree of divorce is passed, they can get the money / draft from court
Q.2 - Since Jan 2010 she is not staying with me, is the 6 month cool off period still required, can i ask for a waiver on the grounds that its been long we have not stayed together and That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.
maina
15 June 2013 at 20:52
My husband asked me to withdraw DV and 498a case and said that he want to stay with me.he told first i have to withdraw all cases and he also withdraw his divorce petition then we will stay together.My lawyer asked him to sign general MOU without any allegations then he refused for the same and said that trust me, i will not cheat u and we will stay together once i withdraw both cases.he is not ready for any written commitment but he just convinced me that we will stay together.he asked for blind trust from my side.
please suggest me what should i do?if i withdraw cases without any written commitment then what will the disadvantage for me.i am afraid for if he refused to get me back at his home after case withdraw then what will be the option for me legally?
Also please let me know the correct procedure to withdraw 498a and DV case.
please suggest .....
GANGO PADHYAYA
15 June 2013 at 20:38
SIR/MADAM
THE OP FILED UNDER SECTION 18 & 20 OF HINDU ADOPTION & MAINTENANCE ACT
IT WAS DECREED 2009
NOW
WHAT IS PROVISION OF LAW FOR FILING ENHANCEMENT MAINTENANCE PETITION
SUGGEST GUIDE LINE OR WHAT IS MODEL FORMAT
REGARDS
GANGOPADHYAYA
9849774819
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Succession certificate for immovable property
My Father-in-law has died intestate. Couple of months before his death, he made a sale agreement for sale of his house and took 20% advance payment. He is survived by one son, one daughter and wife. All three of them want to complete the sale. Do they need succession certificate and letter of authority or only judicial affidavit in front of a first class magistrate will be enough?