Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K Animesh   08 August 2014 at 14:49

Dv case, rcr

Hello Sir/Madam,
I am married for last 8 years and due to the wedlock I have 3.10 years of girl chid.
My wife deserted me and taken my daughter with her to her parents place and is not allowing me to even talk to her.

She deserted me in July 2013 and returned back in Feb 2014 when I convinced her to come back to take care of the family but only to leave me again on Apr 16 2014.

She conveyed to me that a DV case was filed in Oct 2013, since I convinced her to come back, it was kept pending.

After she again left me in Apr 2014, I moved a RCR petition in June 2014 in Pune. she is not appearing.

In turn she has arranged to send her Lawyers’ notice, asking me to appear in the DV case which was filed in Oct 2013 and asked for heavy maintenance and praying me to keep away from my daughter.

My queries are:-

1. My wife was working in Pune and after deserting me she was working in Lucknow. I have all proves of her working in Pune but no proof of her working in Lucknow.She has claimed that she is not working in her affedevit.

Q- If I bring all proves ( IT returns, Bank Statements-Salary Deposits)of her past work experience and proves that she is well qualified-MBA-IT; will I still have to pay her maintenance? Does capability of working and sitting deliberately at home just to claim alimony amount compels me to pay?
I am ready to pay for my daughter and her school fees willingly, but only for my daughter.

Q- Can I challenge the Jurisdiction of the DV case, considering the fact that she was a resident of Pune and incidents took place in Pune and she is filing cases just to harass me and extort money? And she is not appearing in RCR case in Pune.

Q- Can I ask the High court to quash the DV case, citing a criminal conspiracy, for that she has come to my house to implicate me?

My liabilities are enormous, 25K loan, 18 K my house hold exps, 8K-10K my parents exps, 13-15 K savings for my daughter ( marriage & education, I am left with 6-7 K a month, out of which I can meet my daughter's exps. I have an unmarried sister, for whom I have withdrawn my PF of 3 lac and kept that as FD for her marriage, it’s in single name.

Q- Considering my liabilities, how much maximum will I have to pay, considering she objects to my savings for my daughter and my sending money to parents? Is there a provision to pay 2/3 of salary?

I can’t pay lump sum, as it’s my PF money and I have kept it for my sister. Do I move all FDs etc. in my mother’s name? will that help?

Q-My house in Pune is in joint name with my wife but I have paid all the EMIs so far, if she does not come to reside with me even after ex-parte in my RCR and I turn for divorce, what can I do to remove her name form my house? I have nominated this house in my daughter's name in the records of society.-It's not registerred.

While she left me in 2013, I was earning lesser than what I am earning now, can this be of any help? That time also, I have huge liabilities. Point is while she was staying with me; my standard of living was lesser than that of now.

Plz help me, all my hopes to bring truce in my life and in my daughter's life is now diminishing day by day.

Thanks
Animesh

tarun   08 August 2014 at 14:45

Service tax on rent from banks

Sir,
I am planning to give my property to a bank on rental basis . But I am confused here about service tax, that who has to pay it whether bank or the landlord. Here I am the service provider and bank is the recipient of the service and I have read at many place over the internet that the recipient of the service will pay the service tax but service provider will have to collect it from the recipient of service which is bank here .I want to know whether I am correct here .

Also sir Banks usually make lease agreement in such a manner that the landlord has to pay service tax. Like they will wright in their agreements "all taxes and future taxes including service will be borne by the landlord" . Stuff like that So Sir what should be done in this case ?



Naman Mohnot   08 August 2014 at 14:42

Opening of a law firm

Procedure for opening ?

Naman Mohnot   08 August 2014 at 14:40

Consumer law

What legal action can be taken against multiplex owners who charge more than MRP on products?

monty lamba   08 August 2014 at 14:38

Application u/o 1 rule 10 cpc - forge "will"

1.Applicant file u/o 1 Rule 10 cpc with False
& forge signature "WILL"
2.Applicant already give the N.O.C Favor of
Plaintiff
Please advise the next step.

Vikas Sharma   08 August 2014 at 14:32

Salary issue

HELLO SIR,

ONE IS MY FRIEND SALARY HAS BEEN HOLD DUE TO SOME REASON AND HIS JOB TERMINATED BY COMPANY
NOW WHAT SHOULD WE DO FOR GETTING THE SALARY
PLEASE GIVE ME THE SUGGESTION AS SOON AS POSSIBLE.

Prashant   08 August 2014 at 14:10

Change in date of birth

Hi all,

My father is working as executive engineer and he has his retirement next year.

In his schoolhood days his date of birth was written 4 years more than his orginal date of birth. Some days ago one of his friend told him to take this issue before court for changing the date of birth and continue his service for 4 years more.

And my question here is, can we take this issue to court and is this feasible at this time, and if yes what is the procedure.

Kindly let me know all about this.

Thank you

Regards,
Prashant shahu

Pradyot   08 August 2014 at 14:02

Divorce lady marrying again as single

a Divorce woman has married again and registers second marriage under witnesses that she is single.accordingly marriage certificate is issued
At the time of second divorce proceedings can it be said that her second marriage is null&void

JOTHIKUMARAN   08 August 2014 at 13:26

How to adopt a baby girl in india

Dear Sir,

We would like to adopt a baby girl from india after one year and please kindly advise us about the documents required and procedures. We have one own son 8 months old. This is my long time wishes and soul satisfaction for the society.

Thank you.

M Satyanarayana   08 August 2014 at 13:00

Fast track courts for quick disposal of pending cases

Sir,

I filed partition suit long back 18 years ago. The case was filed in the year 1997 and my case has got stuck at the stage of final decree after Supreme Court confirmation declaring shares. When an amicus curaie (nominated by Judge) is appointed in what cases ?

As a litigant can I be permitted to transfer my partition suit to Fast Track Court. Do I have a right to transfer my case to a better bench for quick disposal of my case. Do I got alternatives for quick disposal of my case.

Please kindly suggest what are the options.

Thanking you,

Yours faithfully

MSN