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Confused Indian   06 June 2013 at 14:08

Alimony vs prostitution


I am opposed to dowry system as it conveys that who ever is taking dowry is being sold and valuated at that amount.

similarly, when it comes to alimony, doesn't it amount to prostitution?

The question is only in spirit, and not practice, to be considered in conjunction with the dowry system.

gopal   06 June 2013 at 10:03

Request for clarification

sir
my father filed divorce suit against my mother, father age is 74 mother age is 56
now my father having angry with my mother he filed divorce case against my mother. now my mother filed counter petition against his petition stating that he is having the 3 acres of land which was given by my father to him for sreedhan, now my mother asked that 3 acres of land to return to her on counter now he is trying to sale the land,
now my doubt is, is it possible my mother file IA application on the court for asking injunction not to sale the property until the case disposal
kindly give suggestions to me
regards

Milind Surve   05 June 2013 at 23:48

Puting mothers name

what is legal implication if wife puting her maiden name for child's name instead of father's name.

AJOY KR. MUKHERJEE   05 June 2013 at 17:33

To dividation of mother's property

we are 4 brothers and 6 sisters we live altogether in our mother's house (as the house purchase in my mother's name by my father).my father has expired. my mother's health is not in good condition and at present she can not identify any body and speak like a mad as she attack brain stroke last 4 months ago. my all 4 brothers are married and we four sisters also including me are married. my elder sister and younger sister are un married till date. now the matter is this that my 3 no. brother made a gift deed (with advantage of my mother's illness) in the name of 4 brothers and 2 unmarried sisters without any concent of other 4 married sisters and in the deed there is not mention any name of 4 married sisters name.

now I one of the married sister demand my proportionate share of the property how can I get the same. as per my knoledge the gift deed was registred from registry office.

please advice me.

thanks

samuel   05 June 2013 at 09:10

Infant care

my wife pinched our 1 year old child because she is always moving here and there, never sit at a place or sleep. Because of this I got angry with her and spoke harshly with her. She then went to her mother's house with our 1 year old child. Two days later, as she preferred to continue her stay for a few more days, I went to her mother's house to give some food items for the baby. The child has become very thin and her eyes were puffed, and I could immediately understand she has cried for a very long time and not properly fed. My wife's mother is a very cruel lady and she should be the main reason for this. I cannot give any evidence because I cannot see what happens in my wife's mother's house. If this continues, what steps can I take to ensure the safety for our child? Please give advice.

Liberta S   05 June 2013 at 01:19

Do i have right's on my father's self -earned and ancestrol property

Hi ,

I am from Tamil Nadu ,Hindu , i got married in 2007 and i have 1 brother who got married in 2013.My father have some property in his name.My father is alive.
1)Do i have rights on his self earned property?Do he has rights to make will on my brothers name the entire property
2)Do i have rights on ancestrol property?
3)Can i get stay order from court on my father's self earned property?......
Pls suggest on the above points......

Mahesh Chand Gupta   04 June 2013 at 22:13

Execution in maintenance case u/s 125

A case u/s 125 was submitted in November, 2003 in which interim maintenance was ordered in November, 2006 @ Rs. 1,000/- per month. This maintenance case was submitted by the petitioner by hiding her qualification and profession of advocacy as she was registered legal practitioner since March, 1996. An application u/s 340 was submitted by opposite party which is still pending for hearing. No interim maintenance was paid till November, 2011. Petitioner submitted execution case in November, 2011. After that, Twelve thousand rupees in total were paid till date assuming that Execution can be made only for a period of twelve months. Petitioner wants recovery of interim maintenance from the date of case i.e. November, 2003. How much amount is legally payable to the petitioner now?

Gaurav   04 June 2013 at 21:16

Need avice on divorce

I Have Been married since 4 years now and have no kids. Wife is a bit suspicious character and always doubts my character. She falsely accuses me and my mom of allegations like we dont give her food, dont give her room keys and ration card, my mother has torn all her new clothes, etc. All baseless allegations and to make her point strong now she has started taking pics of empty vessels at our kitchen and started sharing it with our colony members stating that she does not get food at our place and my mom hides food from her so she orders tiffin service at home. (she is currently staying with me at my moms house). Recently she has started recording sound bytes on her phone and keeps the main door open and hits me and then starts shouting that "STOP HITTING ME, then she will go outside the house sit on the staircase and start crying" ... trespassers passing by would not know this they observe her behavior.She has tarnished my image in the whole society and even with my relatives she goes to their place and tell them all this false stories. i also have some of her statements recorded which says "i will take you to police and they will hit you... you sleep with your mother.... i have caught her red handed... u have an affair..." also i have her sms records which states "i will take you to police and i will not give you divorce and leave my matrimonial house... you people hit me threat me and abuse me i wont leave my matrimonial house in any case"... In the year 2011 i had submitted a letter to my resident police station informing about all this... also my mother has submitted a letter in the station in 2013 regarding all this but we have not made a formal complaint as we are scared of the judicial and society system and our relatives too.. On the basis of her threatening messages i had also filled for an anticipatory bail which got rejected in jun 2012 on account of no FIR and we were called for a mediatory session which we both dint attend becoz of family pressure. Now i want to end this marriage and need to take her out of my mothers house as she is a threat to me and my family and can take drastic steps which i endanger
and foresee and she has already sent me threatening sms on the same. She has visited Mahila mukti sangh at churchgate and put a complaint against me and my family and also she has visited the commissioners office at crowford market and submitted a letter there which has reached my area police station but they have not actioned on it because they know we had been to them a couple of times with our story. Please advice at the earliest as to what should be my next step and give me judicial guidance and procedure too...\

please suggest steps on getting rid of my wife and throwing her out of my house and life legally. i have decided to go for divorce please suggest immediate actions.

Regards

Pulak Pravat   04 June 2013 at 16:23

Separation of 1 yr, to apply for mcd ?

Residential separation of one year(separate address for both) is required to apply for mutual divorce(MCD) ?

We are staying in separate rooms (same house) for 6 years and we don't have conjugal relation for about three years.
I intend to stay until May 2014 (my daughters class X exam).

Can I go for MCD now (which will reduce the required time) ?

Thank you.

Pulak Pravat   04 June 2013 at 14:29

Divorce/separation/agreement ?

Our  marriage (15 years now)  is broken  for “coldness” in marraige and conjugal  relation.   For   last  6 years,   we are living  in the same house, but in separate rooms  and  for last two  and half  years  we don't have any conjugal relation.   We are living in the same house to raise the KID  who  will appear in Xth exam  in 2014. By now, I have lost all my emotional attachments with her   now want a  mutual divorce  on mutual consent.   After a long  argumet, now she agrees  to that, but ask me to wait for  another year until our daugher   appears the Exam. 
 I think,  it is good for the Kid  and accepting that, but I do't have enough faith that she will not change her mind after    a year.   She thinks    it  is a great risk living together  while the divorce procedure is   progressing, as  if any unfortunate event (say death or   a major accident) happens, the survivor  may be blamed and   harrashed by the relatives of the other  and in that case, our dauthter   could be raised in a   shelter Home !   I don't agree, but I could not convience her.   I am willing to wait for another year,   but I don't have enough faith that, she will not change her mind  then, and   file a divorce case from her side. That would take  too  long and she may even decline  the  the  fact   (that we  don't have any relation). 
At  this stage (while we are living in the same house),  I want to get    her signed on a agreement  saying that   a) we  don't have conjugal relation and  b) we  agree to  go for mutual divorce after   a year.
My questions are
1)  Does this agreement have any    legal binding   in the court of law  ?
2)  Should I go for   a  judicial separation now   (as   my priority is to live   in the same  house for another year)?3)  How  long  does it  (judicial separation) take, usually ?  Does it automatically lead to divorce after a year  ?           Can  she  file a  divorce case,   during separation ?
4)  Any of you have any better suggestion ?
5) Can you tell me about a good, efficient,  and   honest  lawyer in kolkata ?   
 
   Please help. I increasingly feel lonely, unsatisfied, unloved, and empty.   I fear, a divorce case  is almost never ending.   I  don't want to harm anybody   or don't want to do  anything unethical. But at the same time I have the right to  live.   Please  help. One mistake, of course, is not the end  of life and  I   want to give life another  chance.