Interim Maintenance

Respected experts,

Mine is a divorce case and in this the court had granted me interim maintenance, however my husband paid the interim maintenance for few years.

But now since one year he did not pay me maintenance and also did not appear in the court even thought the court had issued a notice of appearance.

Now when the court had passed an order to proceed exparte my husband has given and appication to set aside the exparte.

And since I filed a recovery petition for interim maintenance he has come up with the application of change in circumsatances due to retirement that also after one year of non- payment.

I would like know that :

1) Can the Respondent after one year of non-payment of interim maintenace, when a recovery Petition is filed by petitioner(myself), give the excuse that he retired one year back and therefore could not pay ?


2) Can I claim maintenance from the PF and other retirement benefits that the husband has received ?

This marraige is of 30 years and he deserted me and my daughter 5 years back, now since my daughter (unmarried daughter aged 27 years) is working my husband is trying to shift the whole respobility of my maintenance on her.

Please advice.

application u/s.14 of DVA

pls send me the format for the application U/s. 14 of DVA, and containt in the application

Right to Grandmother’s property

Right to Grandmother’s (father’s mother) property

Marriage

if church wedding and temple wedding is done and when the couple goes and registers under Special Marraige Act, will the original religion of the boy and girl stay with them legally or their religion is according to wedding order (temple wedding 1st and church wedding 2nd)

can the special marriage act override howsover the couple had married earlier??

DIVORCE

SIR MY ELDER BROTHER MARRIED A YEAR AGO NOW HE AND HIS WIFE ARE NOT ON GOOD TERMS AND THEY WANT TO GET SEPARATE. BUT WE DONT WANT IT TO BE PUBLIC AND WE WANT IT OUT OF COURT SETTLEMENT BUT IT SHOULD BE LEGAL AS WELL. SO WHAT ARE THE FORMALITIES TO BE FULFILLED LIKE REFUND OF EXPENSE INCURRED BY THEM ETC. PLEASE IF ANYONE CAN PROVIDE ME PHONE NO. I NEED ONE LAWYER TO DEAL

time to lead evidence in family court

Ld counsels,

Once counter has been filed in family court is it possible to seek time to lead evidence in the family court.. how long will the court permit

Pls clarify, Thanks

transfer of DVC case along with 498-A case

Dear Sir/s,

Wife filed a case under 498-A & Domestic Violence Act on the husband and his family members at the place of her parents residence jurisdictional court and on the first appeareance some local people belonging to the bride's side threatned the husband and asking him to come to the terms of the bride for living seperately. Husband inview of life threat wants the above two cases under DVC & 498-A to be transferred to the nearest criminal court. So, can we ask the High Court by filing a transfer petition to seek transfer of DVC along with 498-A case to any other competent court rather than trying the same before the bride's jurisdictional court. If so, under what grounds any judgments regarding the DVC cases can be transferred ? kindly answer.

regards.

legalisation of marriage

R/Members
My friend is living with his wife as Husband-wife & they have blessed with a baby also now they wants to legalised their marriage through court instead of marriage registration,they have no any proof of their marriage,its a runaway marriage couple case,what type of case i can file in court for legalisation of their marriage they both are ready for any kind of court proceedings.plz suggest. Thanx

RETURN OF SRIDHAN

Respected Sir ,

My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.

For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.

In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.

Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .

Now , four cases are pending as follws :

1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed

2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .

3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.

4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .

Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .

So , I want to give back all her belongings which are occupying at my flat.

I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.

After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.

I did my best for purchase of peace but I I found no remeady.

Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .

For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.

Please suggest me what should be the proper way to return her sridhan.

Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.

May I hope to get much expected reply .