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Anonymous   27 February 2019 at 09:19

Appeal in high court

We were having GWA order in Jan 2017 based on compromise pursis. Due to change of circumstances like change in school timing affecting visitation hours of child and many more thing we filed GWA 2nd time in Mar 2018 with Interim Application to modify visitation hours.

Our interim Application of GWA was dismissed by Family Court with heavy cost. We are planning to file Special Civil Application in High Court under Article 227:

Now my query is :

(1) Whether State will become party to this or not ?

[We approached several local lawyers but there is a difference of opinion on this. Some say in civil matter State will not become party. Some say since you have been charged with cost, State will become party to this.]

(2) Whether we can/should use Article 226 & 227 both ?

[What are pros and cons of using both ?]

Anonymous   27 February 2019 at 08:33

Mothers job

Hello Sir,

I am really appreciate your help, me and my brother working as a software consultants. My mother passed away while she was in duty, i haven't signed any thing because i want to get that job to my brother. now my dad is giving everything to my brother, still i dont bother because i am earning my self. we have a agriculture land i want to retire after 40s and do farming now my dad saying we dont have anything? i want to know is there any way that i can claim i didnt sign any documents after my mother passed about my brothers job.

I really dont want to file any complient againest my family. but they burst my dream.

Manpreet Singh   27 February 2019 at 00:08

Anticipatory bail cancellation request

Dear experts, My wife has filed the petition in the high court for getting my bail cancelled. However ; the court proceedings in the lower court have not started properly. Case is in the evidence stage in the lower court . High court has sent the case into the mediation center of the high court. I have attended one mediation there and according to the mediator, the case will remain there for 90days. My question is, how come the high court has accepted the petition knowing the fact that case is in evidence stage in the lower court and the accusations are yet to be proved.? What will happen if I don�t agree for the reconciliation? What action can high court take ? Can they cancel the bail?

b.goheel   26 February 2019 at 16:18

Remedy

brothers,
​
now a days Name of Petitioner as well Respondent of petition filed in family court has not been given even online status of petition in online site of e.court.

In this scenario, like to know the solution/remedy to keep the watch on the movement of petition through online if one has only name of petitioner/respondent and no other details regarding petition.

regards.

b.goheel   26 February 2019 at 16:03

Query

brothers,
now a days Name of Petitioner as well Respondent of petition filed in family court has not been given even online status of petition in online site of e.court.
In this scenario, like to know the solution/remedy to keep the watch on the movement of filing of petition through online without case no. in absence of name of person of petition.
regds.

Wakle   25 February 2019 at 13:21

Maintenance act

Hi, I give maintenance as per dv act to my wife 12000pm and 6000pm for rent. My wife file now divorce case under cruality. In divorce case she demand 50 lacks one time maintenance and abt 7 lacks shridhan amount. Yes I also like to give divorce but I had no money. I don't want mutual divorce. My question is 1) my wife get maintenance in dv act , she again able to ask maintenance in HMA divorce act? (2) if she get divorce then dv maintenance will be continue or not? (3) if divorce under cruality is passed then she able to ask one time permenant maintenance 50 lac without my permission in the court? If i say no to one time permanent maintenance then wat court will decide? 4)) I give her maintenance in dv act then court will be able to give again maintenance in divorce case.?

ganesh athraya   25 February 2019 at 12:55

Child maintenance from mother to father

Can a father file for child maintenance from the mother.
under what sections are the provision.

Can you provide a draft/template for filing in the court.

thanks

Anonymous   25 February 2019 at 12:49

file domestic violence case against my in laws and husband

We have been married for six months, after three weeks of marriage my Husband stopped speaking with me for three weeks without any reason.even if we were in same room he avoided me completely. I want to ask him the reason, but am afraid to go near him, because he always keep his face angry and hard as rock.for those three weeks I felt isolated, hurt and depressed of his action.because he was speaking with other family members except me. Atlast not able to take it anymore I spoke with him. He was saying , he was just stressed. But did not give me any reason. We did not start our life yet. He did not take me out of three Months, he threatens me to cut all my communication with my family. He has anger issue, sometimes he broke things.

In our third month we had a fight, he insulted me and said several times we both won't be suitable and told his mom to take to my house. when I try to avoid speaking with him, he threatens me that he won't allow me to live in peace in his house.after that they taken me to my house and shouted at my parents that I always argue with him, that the time my in laws verbally abused me by using vulgar words that I did not slept with my husband. I was shocked to hear those nasty accusation. My husband was silent whole time. They did not allow me to speak. That time i decided I don't want to go their house. For these three months am living in my parents house. I arranged counseling for both of us. But he did not attend it properly. After that he called me in phone spoke very vulgar to me saying I did not allow him touch me. I was already lot of stress and depressed because of them. Even after these he came to my house two times in front of my parents , he spoke such nasty and vulgar words. Thats the end of it. I dont want to see his face. I am emotionally traumatized, lot of times suicide came to my mind. But because of my Mother. I left it. I want to live . I want to teach these people a lesson. My parents are afraid of what our relation will say . But it's my life.i dont have any idea regarding the domestic violence case. Please help me.
Even my in laws don't want me to go to my house and speak to my parents for those three months. Can I file case against them.

Anonymous   22 February 2019 at 11:40

Basis of divorse and alimony

One of my friend married last year in Feb'18. Till date his wife is not allowing him for any kind of physical relationship. when he asked for reason she is saying that it is not a duty to do physical relationship, whenever she feels comfortable she will do. now my friend wants to end up this relationship but is afraid that she will ask for alimony. I want to know whether in this scenario whether she can ask for alimony considering that she is also earning very well.

Anonymous   22 February 2019 at 01:05

divorce to my wife

Hi sir I need some of your advice as I caught my wife having extra marital affair with my best friend 27 years old friend.i was not aware of this fact but caught them red handed and saw some msg which is I am not expecting at all.my wife and my mother have always argument related house work and all it�s been for 4 years I am just giving chance again and again to my wife to understand the family.she never understand and start saying that she don�t want to leave with me.we don�t have any kids now for 5 years.but now I understand that she haven�t got any feelings for me and my family.she is more interested to my friend and she accepted infront of me and my family and my friend brother that this is fact.that day when I caught I called his my brother in law and my friend brother to see the situation and both of them accepted the fact and decided to leave.then I sent her home with my brother in law.now that guy is going back and his brother asking me to remove his name my friend name from legal notice and general dialect at police station becz of prestige issues.pls suggest me Hm what to do should I file a divorce case against my wife or should I wait for her end to get any notice for divorce.i want to teach that guys to lesson on legal grounds so what can be done to distroy his prestige in socially.pls suggest me sir.i want to teach both of them a lesson on legal ground as I have msg and call records in itemised bill.and moreover they accepted the fact as well.pls suggest me what to do to distroy both of them as my mother and father is not good condition becz of this incident.