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Queries Participated

Gaurav   11 November 2014 at 13:06

Ex-wife stopped child visitation meetings after 6 months

Dear Respected Members,

Wife has stopped bringing daughter for visitation. She has not come on two consecutive visitation meetings after confirming on SMS.

Divorce is already done in Apr 2014. Visitation going on from last 6 months. Divorce order says ex-wife has to bring daughter for visitation at specific mall on specific time and same also agreed in MCD settlement terms.

Pl. advise what could be done to meet daughter.


Regards

Gaurav

Gaurav   19 November 2013 at 11:44

Quashing in hc on basis of compromise u/s 482 crpc

Dear Honorable Experts,

We reached compromise during the proceedings of maintenance case (125CrPC). Family court Judge had facilitated the compromise settlement terms as part of their order. Also, passed the first motion.

In 498A, charge is framed on four of us. There are 5 names in FIR. four of them stay in india and one relative stay in US from more than 30 years and come to india once in a while.


Query:

Q1. During the HC Quash u/s 482 CRPC of FIR on basis of compromise, how do i make sure that FIR quash is applicable for my relative also who do not live in india? We do not have any contact with her.

Q2. Does Chandigarh HC quashes for all 5 members on the basis of petition filed by 4 of us? or Does POA or vakalatnama signed for 5th one would be required?

I am looking for views on how HC behaves in such circumstances in terms of passing order or what is the standard process dealing with such situations above.


Regards,


Gaurav

Gaurav   07 November 2013 at 12:09

Claim of child in property after mutual consent divorce

Dear Experts, Need your advise on below two queries:

1. After a mutual consent divorce and paying alimony to wife for her past, present and future maintenance and also a Fixed Deposit for child, can child claim right in Father self acquired property or their grand parents property after attaining majority (18 years) under the provisions of law?

2. Can divorced wife file claim on behalf of child in ex-husband self acquired property and ex-husband parents property under the provisions of law?

Gaurav   24 December 2012 at 13:33

Consumer forum_builder asking exorbitant money and deficiency of service

Dear Experts,

Possession offered by Builder two months back, Builder asking exorbitant money, not furnishing basis of calculations, deficient in service, increased super area, asking too much on other heads like Electricty connection, car parking, EDC, Maintenance etc. Need help if experts refer specialize Consumer court lawyer for property matter in Delhi. Need to draft complaint, represent and help me fight with Builder.

Property is at Faridabad, Builder Regd. office is at Hari nagar, Ashram, New delhi. We can possibly file compliant in Qutub ins. area consumer court, new delhi.


Regards,

Gaurav

Gaurav   17 September 2012 at 22:59

Women to get equal share in husband's property in case of divorce - is it real ?

We are reading and seeing many articles on 50% property share to women in case of divorce.

I went to the PRS website and checked the Standing committe report itself and found the following:

The PRS website (http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227/) says Marriage law amendment bill is pending in Rajya Sabha so it looks like it is not passed yet.

Secondly, if we read the 'Standing committe report' and 'standing committe PRS summary' link, it is clearly proposed and agreed about division of property only in situations where wife has contributed to the property along with husband. Look at chapter 2 - para 13 , 24 and para 7 under chapter 4. ( Attached is the Standing committe report for your reference)

Would like to get experts views on how much of this is truth and will it get really severe for Husbands who own property on their own and own property before marriage?

Gaurav   23 May 2012 at 16:48

Transfer petition u/s 24 cpc - divorce

Dear Experts,

Wife put a Petition in HC (Chandigarh) to transfer divorce case (filed by me) from Faridabad to Gurgaon. My father received the HC notice today and date of HC hearing is on May 28.

I stay in Bangalore and cannot go on such short notice to Chandigarh.

Q. Does HC decide in first data to transfer the divorce case ?

Q. What if i or my lawyer do not manage to appear in this May 28 date? Our local Faridabad divorce date is on June 02.

Kindly advise.

Gaurav   08 April 2012 at 16:50

Maintenance case -- mediation forced to failure

Dear Experts,

Wife filed 498a, Maintenance & DV. On Maintenance first date, Judge referred us to Mediation. In Mediation dates, wife family want me to take her back else they will continue these cases and use as tool against me. I am not willing to take her back.

Wife/her family/her Lawyer told Mediator that they do not want to talk and show mediation as failed and send back the case to Court. I shown my willingness to talk and settle things in an amicable way. She also missed two mediation dates by giving medical and saying her lawyer is not there.
Mediator finally said that he will send back the case as Petitioner not willing to talk.

She is a post graduate. She was working before and after marriage, stopped post daughter. Daughter is 2 yr old.


Q. Does this stand taken by wife is to make their case stronger to ask for interim maintenance?

Q. Anything i should be ready/careful with before appearing for my upcoming maintenance date in mid April?

Gaurav   26 March 2012 at 12:21

Nod for bill to give woman share in husband's property after divorce


http://www.thehindu.com/news/national/article3207627.ece

So now the government has become enemy of already harassed husband too, if husband ask for divorce girl can challenge, but she can do that easily and take away the property share also.


I am in the process of filing divorce on the ground of Adultery wife have committed and cruelty through filing false cases? Will that backfire now post this amendment in laws?

Can husbands do anything for the property he has to save it from greedy wives?

Gaurav   18 March 2012 at 08:23

Girl absence in fir quash date in hc

Dear Sir,

Neither Wife nor her lawyer turned up in HC on the first date of Quash. HC judge passed that Summon(dasti) needs to be send to Girl to appear on next date.

What if she does not come on next date, will court send again an invitation to wife?

The case is in Chandigarh HC.

Gaurav   18 March 2012 at 07:57

Fil played trick to show my absence in mediation center

I was ready to go for mediation center date and i received the call from my lawyer that mediation will not happen this day as mediation center person is not available and some of his peer called my lawyer.

I later checked the number and no one picking on that number and also i found that number is near to FIL home. The number from which call came is MTNL and Landline number.

The cal never came directly to me, so i cant prove my reason for absence in mediation center.

They might want to delay mediation or prove that i am not attending mediation dates. Kindly advise what to do in this situation?

My case is in Gurgaon.