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Raj (Engineer)     23 April 2011

Advice required ...

Hi

My Wife refuses to respond positively for my RCR which I filed when she had refused to return back to marital home after her delivery in Marc 2009.Its been two yrs her parents have brainwashed her and avoids to respond all of my communication.Now she is expecting maintenance from me without answering my meantal agony for past 2 yrs. After marriage me and my wife lived saparately in abroad, She just blames my parents ruthlessly while she stayed in her parents home to justify her act.  Please clarify me if her act of demanding maintenance is justified in the coutr of Law if she has no proper reason to explain her inability to join her marital home.



Learning

 7 Replies

Arup (UNEMPLOYED)     23 April 2011

" Please clarify me if her act of demanding maintenance is justified in the coutr of Law if she has no proper reason to explain her inability to join her marital home."

 

---   NO AT FIRST HE  HAS TO EXPLAIN - THE REASONABLE EXCAUSE FOR LEAVING THE MATRIMONIAL HOME. THEREAFTER HEARING ON MAINTENANCE WILL BE STARTED.

YOU KEEP YOUR ALL DOCUMENTS BEFORE THE RCR COURT.

Tajobsindia (Senior Partner )     23 April 2011

@ Author

Purely based on your presented briefs;

@ Legal

1. YES, she is prime facie entitled as well as your child is entitled for maintenance if she files S. 125 CrPC provided you can show
neglect!

Reasoning:-
1.1. We don’t know when you married.
1.2 We don’t know when you left for overseas posting!
1.3 We don’t know if you paid any maint. once she left your matrimonial home. The meter of demand starts once a married wife leaves doorstep remember that!
1.4 We don’t know if you ever wrote a RPAD letter to her to come back to matrimonial home!
1.5 We don’t know if you sent any money for upkeep of your child once you came to know h/er being born!
2. If we don’t know special facts such as above then prime facie there is a maint. case (period)

Avinav (personal)     24 April 2011

Hello,

would you plz help me?

I am 22, guy with parents and i want to get separate from my parents LEGALLY. Dont want to use any property anythng from them.

Also i want to change my name.

what would be the procedure and how should i proceed?

Thanks.

legalkaushik (ATTORNEY)     24 April 2011

Hi,

You can change your name at any point of time and  you can severe your relationship with your parent as well the procedure is qutie simple you got to publish your intention in the gazette and sign certain papers to be prepared by the lawyer you consult.

LOHESHVARA (pvt)     25 April 2011

1) In My Domestic Violence I am the respondent. Court passed ordered 5000/- per month to pay. But I appealed to High Court meanwhile I find that court issued FLW (Fine Levy Warrant?). Our lawyer says donot come to the notice of police. My question is 1) MY arrest is possible in this warrant or not. 2) Only recovery of the said amount.

My lawyer put up the case and recalled , Court did notreceive  the amount on that day at the same time court refused to take back the warrant. I am in little in confusion whether I go to my work or not as police approached my working place when I was in court.

Can you guide me.

Avinav (personal)     25 April 2011

@ legalkaushik : Thanks for reply.

- "gazette" ! what kind of papres? my signature or also my parent's?

- would you please tell me in details? how much it wil cost?

- I created my own topic here in this site and there i got diferent opinions. here -  https://www.lawyersclubindia.com/forum/Re-Separation-from-parents-LEGALLY-35692.asp

thanks.

galsober@yahoo.co.in (def)     25 April 2011

Why this mugging up of topics in one thread??

Plz split ur queries in different threads so that problem can be discussed in a better way!


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