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Ravi Chaturvedi   20 January 2015 at 00:04

Restitution of conjugal rights

Hi,

I got married on 24th Nov'13 in haridwar and my permanent residence is in noida.

I am working in an mnc. My wife is not working and in to her final semester of b.com

My dad is a senior citizen, age 68 and dependent on me. We are only 3 in our family. In the initial couple of months everything went fine but later my wife has started complaining me about the understanding problem she had with my dad.

I told her that if she doesn't like him, she could ignore him. These complaints became a daily matter of my life. I told my dad on a fine day to discuss the issues with her and settle once for all. When he went, she started complaining about me on false pretext.

The matter then graduated further and the next day she absconded with the luggage without informing any of us that where she was going. We informed her family and relatives and we all searched her. We got her at her relatives home in delhi. When everyone made her understand, she finally returned back home.

However there was no change in her attitude and she kept creating frictions in between me and my dad. We suspected that she might want to fix her own parents in my home as she is the only child of her parents and her parents have health issues too. Besides, her father is a retired person and still staying in a rented home in haridwar.

In the month of Sep'14, she again left home by saying that she is going to haridwar as she has impending examinations in the month of feb'15 and she has to take the course material and inquire about coaching. Ever since she never returned back and in the interim me and my dad were threatened by her family and cousins that since we are not keeping her properly at home therefore they will see us both.

I had filed an FIR in noida police station for the security of my dad as my services got transferred to kolkata with effect from nov'14 and i was worried about my dad. The police called her cousins and eventually the disturbing calls got stopped.

I also had a recording of an hour in which her parents and she herself was abusing me and blaming me as impotent and having interest in other girls. Since both these statements are paradoxical, if i am impotent, there is no question why would i show interest or talk to other girls. Second, i am always ready to undergo medical examination to prove that she is using false allegations and spoiling the relation willfully.

I have sent a letter through courier asking her to return back home and take care of her in law and home. The courier got delivered to her on 20th Dec'14 and she was the recipient as per proof of delivery.

We have never got any response from her thus far. I am not sure if i should go through family court and send a notice under restitution of conjugal rights. Neither she nor me wants a divorce but at the same time i can't keep counseling her everyday, this has to end somewhere.

I need to know if sending a notice under the mentioned law will result in a divorce. If yes, under what circumstances. Moreover, if she replies back to the notice from haridwar, will the case automatically transfer to haridwar and do we need to visit that place for every hearing or they need to come to noida for the hearing.

Thanks

Sagar Sharma   19 January 2015 at 23:53

regarding will of disputed property

Person 'A' filed a case against his son family for property which she gave his son by way of gpa and r deed (property is ancestral and original brought by grandfather of person A son). Property registered in name of son by way of sale deed and son died.

now I want to know if person A die before end of suit and in mean time she make a will of share which not passed over by court as suit not decided yet.

Such will is valid in eye of law?

sakshi   19 January 2015 at 23:25

property by will

My father received a plot by his father' s will deed.
My father has one step brother. He is asking for share in that property.

Does he has right in that property?

Anonymous   19 January 2015 at 23:08

Dv act supreme court judgement in favour of husband unemployed

pls share me some landmark judgements of Dv act in favour of husband by Supreme Court itss urgent

ChandanLawyersclub   19 January 2015 at 22:28

Sale value higher than registration value

I am selling a property for which I had taken 30L loan, my 12 L white money to builder as cash 9 yrs back, now I am selling that house. registration value property is 90L, market value 105L. I want to take all money in as DD/ cheque only, no cash.
Can my seller register register property as 90L and transfer me 105L by deduction 1% TDS.
regards
Chandra

siddharth   19 January 2015 at 22:12

Ownership of data

Two of my colleague and I designed a product at the firm in which we are working. We expect to get no equity and no influence in the running of the firm. It would be better to quit and develop the product ourselves. No NDA, Non-compete or any such document has been signed. The employment letter has no clauses pertaining to 'company information'

1. Most of the designs were made on a colleague'ss personal computer as the firm's computers could not run the software required. So who has the rights on the material developed on that computer?
2. If we do undertake to start on our own, can we face legal issues about 'idea stealing'? The design would be different but the utility part cannot be changed.

Anonymous   19 January 2015 at 22:08

Multiple maintainence to be allowed under dv act when under 125 wife get maintainence firstly

pls share me any authority which allow to give multiple maintainence to wife under dv act also as i am having authority to reject multiple maintainence so to counter dis plss share d authority

Shaila   19 January 2015 at 21:56

Rights of a person's name in a will where there is a nominee too

I would like to know the details for a person to be a member of a cooperative housing society when his or her mother has made a will. What will the society ask from the person to submit in the society?

nidhiramsardar   19 January 2015 at 21:44

Father-in-law's property

Dear Sir,

We are a family of five. My parents, wife, minor daughter and myself. Currently we(my parents & me) are having some problems with my wife. For some "unknown reason" my wife is not keeping any relation with three of us for a long period(almost 4 years), though she stays in the same apartment we are staying. Neither she speaks to any of us nor behave properly. We tried many times to resolve the case by involving her parents and other senior members of her family, without any result.

My father has bought two properties (including the apartment we are currently staying in) in my name. Now he is so much disgusted with the behavior of my wife that he has decided to arrange such a thing so that my wife can't claim on any of them in case she files a divorce suit (and claim on properties in my name) or in absence(death) of me.

Kindly suggest a way with least possible expenditure, so that my wife can't claim on the properties my father bought in my name.

Regards,

Debasis   19 January 2015 at 21:22

Dv and distress warrant

Hello Experts,

I have been fighting a DV case for the last 2 years. Below is a jist of the situation and my questions:

1. I stay in my father's flat. Mother expired in 2000.
2. Arranged Marriage in November 2005.
3. Wife did not stay continuously in her matrimonial home, since her parents' house is just opposite to her matrimonial house. Disputes started over various issues, wife's parents' constant interference.
4. Wife pregnant in 2007. Left matrimonial house in August 2007. Baby girl born in February 2008.
5. Wife never came back. I was paying in cash for their upkeep till December of 2010 when she refused to accept money unless I agreed to leave my ailing father and come over to stay with her parents.
6. No communication for two years. She filed DV against both me and my father in 2013.
7. Interim maintenance of 10k ordered against wife's claim of 50k as my salary. My advocate advised against submitting any income proof on my side which is 30k till date.
8. Review petition filed in higher court, no income proof submitted. Prayer rejected in October 2014.
9. Wife petitioned for distress warrant in lower court since 60k from March 2014 till September 2014 was unpaid.
10. I paid 30k in two installments and DW is now kept in abeyance.

My questions:
1. In the next hearing dates in lower court, can I now submit my salary slips for a review of interim maintenance ? My current lawyer says it would be a case of unclean hands and judge may increase the maintenance. is that true ?

2. Wife sits in her father's shop, gets monthly salary from father, and files IT. I have her PAN number, could only bring out IT return copy from the IT website, but it does not mention her income figure. Will these documents count as her income proof ?

3. If I keep paying on every date, even though not the whole amount at one go, can the magistrate still order execution of distress warrant ?

Thanks in advance.

Debasis