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R.kumar.bangalore (executive)     16 November 2010

divorce

i got married in the year of 2004,my wife went to delivery in the year of 2005 to her mother house.march2006 she told me, she will not come  and she does not want to live with me.After marriage lot of problems, there family members was giving everything negative and to much problem for me, which i do not like at all.keeping all in their mind ,they did not sent her to live with me. i filed a case in 2007 RCR, i got the court order  to live with me in 2008. But still 2010,she did not come to live with me, last september i filed divorce , now she is not fileing divorce and she is telling , i will not come and i will not allow you to live with some body and second marriage. she is post poning the dates regularly ? she is working , i am unable to see my son aged 5and half year.What will happen if i get divorce i need to give maintance to her, how long she can extend the case? what are all the option , i waited for the past five years, i got bored and she will never change.please some body guide me to get divorce as soon as early possible.



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 November 2010

Take objection when next time she tries to seek an adjournment. If she is able to maintain herself out of her own income then you need not have to give her any maintainence.

R.kumar.bangalore (executive)     16 November 2010

thanks for your reply archana , can i file speedy disposal and exparty divorce in high court and condmen of court against her , to solve the issue very quick. can you suggest me.

Adv Archana Deshmukh (Practicing Advocate)     16 November 2010

No, you first exhaust your remedy before the trial court, also this is no case of contempt of court. I am sure your problem will be solved in the trial court itself if properly handled by you/your advocate. As far as your son is concerned, you can apply for visitation rights to meet him.

R.kumar.bangalore (executive)     16 November 2010

Thanks lot archana.

vvlnsarma (advocate)     17 November 2010

Sir,

  I purchased a house in 2004 by entering into an agreement of sale. The entire consideration was paid through cheques.  The amounts paid and received are reflected in the Incometax returns of my vendor and the one filed by me.  For one reason or the other I could not get registration of regular sale deed.  Now I want to go for registration.  No further consideration is paid or received.  The auditor of my vendor is stating that since the registration has to be made by paying on the stamp duty as per the market value fixed by the registering authorities as on today, the vendor has  to pay the capital gains even if we show the real amount paid and received in the sale deed, as per Sec.50(c) of IT Act.  Some of my auditor friends are stating that such payment is not necessary in as much as no further amounts are paid and received and the amounts already paid and received are reflected in the IT returns of both parties.  Kindly enlighten me the correct legal position as to whether any capital gains have to be paid, and if so, how much.  i.e., on the difference of amount reflected in  my vendor's title deed and the one he is going to execute or  on the difference of amount between the amount shown for purpose of stamp duty now and the one shown in his title deed. 

   Thanking you,

Sarma

Lord Krsna (Student)     17 November 2010

Capital gains is appliable only to the seller ( Vendor). Stampy duty is appllicable as per the governement guidelines.

hedevil hydraheaded (non professional )     18 November 2010

You have to give maintenance to your child Jayakumar even if your wife is able to maintain herself. This I am adding to one of Advocate Archana's replies.

R.kumar.bangalore (executive)     18 November 2010

thanks lot to mr hedevil hraheaded.


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