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Anonymous   03 August 2022 at 09:16

Nbws in crpc125

My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually.

Anonymous   01 August 2022 at 18:23

Consultation

Can anyone recommend a good family court lawyer at Bandra court?

Anonymous   01 August 2022 at 06:12

Plaintiff (or lawyer) filed for divorce but does not show up

Case details:
I lived with my wife for less than 9 months and then we separated because of differences. She filed a divorce case in 2020 and also attached a prayer for compensation.
https://www.lawyersclubindia.com/experts/family-court-case-for-divorce-with-compensation-740916.asp

Question:
For the past 3 court dates, the matter is at "Issue" stage, however neither the plaintiff or her lawyer show up for the court hearing. This last time the judge had a question for the plaintiff but the plaintiff wasn't present. Every subsequent hearing is usually after 2 months, and as you can see the matter has hardly made any progress in last 2 years.

My lawyer says that we can hardly do anything about this situation in civil cases. He also mentioned that the opposing counsel (plaintiff) probably comes to the court later in the day, and marks his presence so it cannot even be treated as an 'absentee'.

I have not been personally attending the hearings, so I have to go by my lawyers account. The question really is wether I can do anything to make sure plaintiff (or her lawyer) atleast attend the court hearings so that the case can make progress?

This has been nothing short of harassment, where I don't understand who to trust anymore. Sorry for the rant, but is there any recourse here?

m.satyanarayana   31 July 2022 at 00:55

Partition suit

Sir, I filed partition suit against my sister which she was occupying, is mymother's property in the year 1997 and and got my share in my favour in preliminary decree which was confirmed by Supreme court in 2010. I filed for metes and bound My sister son at this stage with malafide intention created a false gift deed bequeathing property from his father and his forefather and got registered in the year 2018. During the pendency of final decree my sister claimed through false relinquishment deed which was dismissed by court . Now my sister son is claiming entire property bequeath from his father as owner of the property showing fake will of year 1964 of his grandfather . Do I have right to proceed in the court for filing metes and bound and final decree in partition suit. Please advise.
M.Satyanarayana


Anonymous   28 July 2022 at 18:54

Hindu marriage act

sirs,

a marriage has been declared null and void . it was an exparte decree. but it has not been set aside so far . whether i am duty bound to pay maintenance to my wife. can i take the defence that now the marriage has been declared null and void.

Venkat   27 July 2022 at 00:18

Child custody execution

Dear experts:

I was awarded guardianship and custody by Family Court in Hyderabad this week after a long custody battle with the mother (child is living with the mother). The court ordered the mother to handover the child to me within two months and also gave her visiting rights to visit the child every week. In this regard I would like to ask you:

If the mother does not comply, can I file Habeas Corpus petition in High Court or must I file a regular execution petition in the same family court that gave the order (which can take months to succeed if it all)? In the famous Tejaswini Goud vs. Shekar Prasad Tiwari, the Mumbai HC and the Honble SC did allow Habeas Corpus petition to be a suitable substitution to the execution petition since it is expeditious.

Thank you very much.
Venkat









prakashsingh   25 July 2022 at 16:18

Filing a divorce petition

Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..

inayat   23 July 2022 at 10:34

Can a muslim man follow polygamy

Hi.

I'm ameer ..

I have married a schedule caste woman in 2011 as per Muslim marriage act.From that time till today we couldn't able to lead a peaceful life as due to quarells and issues..we have two kids..I'm asking for divorce but she is not in a position to accept for divorce..so can I marry a Muslim girl now as my life is getting miserable..if I marry will there will be any criminal charges on me from her side or any atrocities cases on me..pls give ur valuable suggestions..

Thank you

Anonymous   20 July 2022 at 21:11

Wife is not attending dates how to dismiss and apply cost

Wife is not attending the dates in matrimonial matters like , Mnt 125, divorce, DV 498a, from about 3 three.Please help with following questions

1. what are some good Legal ways/sections to apply for dismissal of the case, on the basis of she is not attending/pursuing the case

2. if Husband is coming from 1500 km to attend dates. and if he is late by 15 min there is fine of 2000 Rs, but wife not attending 3 dates there is no fine. what are some good Legal ways/sections to apply for Cost on her. husband bear a cost of Approx 15000 for travel and stay which he cant afford.

Sanchari Chakraborty   18 July 2022 at 13:31

Marriage registrar officer

I am a lawyer , completed BBA LLB this year. I would like to work as Marriage Registrar officer in Kolkata, I have an office in my house in Newbarrackpur. Pls let me know the procedure.