Hercules
20 December 2012 at 11:11
Respected Sirs,
My wife filed a 498a on me and then for divorce.
Issues : 1) The district judge has awarded a interim maintainence of 7500 for my wife and child. I disclosed my salary and my wife did not. She is earning upto 20000 thousand. It was given from june 2010 till date the amount stands to 225000.
2) I am ready to accept her and my child but she want divorce.
3) Due to continuous court hearings i had to take constant leaves and i was terminated from job and unemployed since 2-3 months.
I would like to know on the following matters.
1) The judge wrongly gave a interim maintainence for my wife since she is working. How can i reduce the interim amount.
2) When i told the judge i am not employed my wife produced some property papers of mine which is a joint property. Can the court attach my property since i am not in a condition to pay 2lacs. I am ready to pay 1500 interim maintainence for my child whole amount for 30 months
3) Since she wants divorce which is a better option ie giving money to the child on a monthly basis till he is 18 or give a lumpsum amount. Can she keep changing the monthly amount once it is fixed.
4) Is she entitled for any alimony.
5)I am unable to get her salary as her school principal refused to give it. Her parents have lots of property if i get her property papers will it be useful.
I will be very grateful if you can answer my queries.
Thanks once again.
ubi_raj
19 December 2012 at 22:26
Dear Sir, I have filed divorce petition. Opposite part has filed for interim maintenance. During that time I was getting stipend of 5000/-PM, on that basis 1500/-pm interim maintenance was fixed. However my stipend was stopped, but I continue to pay interim maintenance. currently I got a scholarship for 3 years of 25000/-PM. Opposite party has now claimed for enhancement of interim maintenance for 15000/-Pm. What should i do?
Mukesh Dave
19 December 2012 at 20:41
Marriage registered under Hindu Marriage Act. Whether it can be again registered under Special Marriage Act? Please reply.Thanks
ShreeRam Saini
19 December 2012 at 19:02
Can High Court give the decree of divorce on the ground of irretrievable breakdown of marriage if yes please provide various decision of High Courts & High Court use the power of Article 142 if not then High Courts follow the decision of Supreme Court on the Irretrievable breakdown of marriage?
basavaraj shiromani
19 December 2012 at 18:59
A woman is claiming maintenance against a person who is not her husband or having any relationship with that man. Whether the petition filed by the woman u/s 125 cr.p.c.is maintenable. What remedy is available to the person. Whether he is to file declaration suit instead of contesting the petition pending.
pushpakrishna
19 December 2012 at 16:33
dear experts,
Husband filed divorce petition aganist his wife for not coming since 6and 1/2 years left from her husband to her parents house.many efferts made by husband did not yeild any thing she did not filed any petition before any court before that and hence he filed the petition.wife contesting the matter and filed a petition for inteerim maintainence.Again she filed MC for maintainence in the family court.Both courts awarded maintainence Rs.4000+3000 respectivly.Now the question is husband has to pay both courts amounts?advice in this regard.
Mukesh Dave
19 December 2012 at 07:39
Nullity Query:
Boy & Girl marriage registered under Hindu Marriage Act before Six months. Both stayed together for 3 [three months] but from the day first nigh to three months to total 90 days there is no physical relation or sex intercourse between them. Wife avoiding such act in bed room and staying away from husband keeping distance from him in bed room. She is cool in bed room. Husband educated and sober did not force wife for this act forcibly. Situation continued for 3 months. Outside bed room she acts normally with husband and other. She is not arrogant or angry with husband inside or outside bed room. She does not give any reason why she behaves like this?Now wife staying at Parent home and taking Psychiatric treatment but situation continues. When asking why she behaves like this? She starts crying and say 'I also do not understand why I am doing such thing? I am confused." Husband decides to appeal for Nullity of Marriage as six months have passed and no positive improvement in spite of three months psychiatric treatment and marriage counseling expert. Husband, both side parents have failed to find out reason why she behaves like this in bed room. Both husband and wife are well educated, well set in job and from good family back ground and both is smart, good looking.
In this situation what valid ground should be for Nullity of Marriage under Hindu Marriage Act?
Further can this HMA Registered marriage again registered under Special Marriage Act for easy relief for Nullity ground? [Both husband and wife are Hindu] Both Parent side came to conclusion that if Nullity order received it will be good for both parties as Marriage will be annul and not divorced. Request for some High Court Judgment references useful for filling Nullity from Husband. Please reply to query, your legal advise is important to us. Awaiting reply, Thanks.
vijay sharma
19 December 2012 at 07:26
plz tell me formate under guardian ship act for custody of minor child to mother from the father after gating divorce...
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Stay on intrim order passed by sessioncourt kalyan
The following order was passed by session court - Kalyan for the allowing the father to meet the children
The Father can meet the children on 2nd and 4th Sunday and birthdays as per the timing,venu fixed by both the parties and in presence of both the advocates as the parties may settle and on record of both the advocates.
As this order as not provided any jurisdictional territory and fixed timings and also has involved the advocates to be present on both sundays it is not acceptable to both the parties as there is no conclusion arrived and both the parties stay away at least 40 km away from each other place.
Can the request be made to judge to alter the order or the stay has to be taken and if the stay is to be taken in which court it should be taken