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Anonymous

Posted 5 months ago

I am a married man. But because of some differences both of us want to separate. Wife is not working, while I am working, earning around 15-20 lakhs per annum. Now they are ready for the divorce, but are demanding 15lakhs for the same. It was there fault, that they unnecessarily questioned my character and took their daughter with them. I don't have any child & it's just over a year we were married, but most of the days she was staying at her parents house only. Merely 2-3 months she was at my home. On what basis I can decline their demands? As they spread fake allegations against me, which may become problem if I want to remarry. Can I use this against them? How?

A. Dear Sir, Please read the following and take your own decision as earlier as possible without wasting time. ===================================================================================== FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Right now In my leveing certificate my religion is "Hindu" . but I want to add my sub-caste from "Hindu" to "Hindu Rajput". I passed out my HSE in 2009. Right now i am working. So What can i do?

A. Dear Sir, They is procedure prescribed by HSE Board you may follow the same. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Anonymous

Posted 5 months ago

My wife not staying with me from last 7months. She and her family want me to stay in Mumbai but it's not possible to me... I try to Conway they that I will stay in Pune and it possible for me as I have job in Pune so. But they said if you don't want to settle in Mumbai than give divorce. Please help me to finding solution for that.

A. Dear Sir, Please see the following FAQs and take decision ========================================================= FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Anonymous

Posted 8 months ago

I have purchased front of road side agriculture land in last year. But now I found it is back of land of road side land. And it's area is also less than purchasing (Registry) area, please help me what should I do.

A. you can contact us for the same.
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Anonymous

Posted 9 months ago

My husband is habitual of wasting money and taking loans, borrow money from others. Also he wants me to do a job so that I could too give him lots of money. He knows nothing beside money. For him,me and my children he has always been like a social formality. He doesn't want to fulfill his duties. He always adopts short cut for success. I don't think that me and my children would be able to spend our whole life with him. What should I do to get rid of him? I m working and my own parents don't support me. They are like 'Kaise bhi nibhao' type of people. I m fedup of him. Plz give legal advice.

A. Dear Client, If you are very clear in your thinking process then get out of abusive relationship and file a Divorce Case as soon as you can in the best interest of your children.Children learn very quickly at a younger age. If you need any assistance get in touch with Vidhikarya .com and ask for a good Advocate to file your Case.No body can compel you to stay with that type of person what you have described. Shanti Ranjan Behera,Advocate
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Shahid Khan

Posted 10 months ago

My uncle accused of child molestation wrongly how can he escapes now ?

A. you have not mentioned the full facts of the case. Any how contact some criminal advocate through vidhikarya.com
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Anonymous

Posted 1 year ago

How can I get my fathers property at d earliest.my grandfather was no more but no will was left behind before he died.so it was all in d hands of my old grandmom but still she didnt do any process to divide d property.pliz help.

A. Your right to seek partition when your dad is still alive is not clear. Better some one other than you seek partition making you also a party.
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Anonymous

Posted 1 year ago

I have joined on May 2017 and worked 120 days in an government service sector under contract basis. From september 2017 I took maternity leave and I applied my consultancy (mumbai)for MB . They asked me to send documents for company approval. But my working company (chennai)stopped the process stating that am outsourced. Government won't give money when you are in leave. So we can't provide MB and rejected my rejoining. Is an outsourcing women eligible for MB? CiteHr( forum) connected by many HR from varies cities said you are eligible. Kindly contact labour commissioner.Please Give your valuable suggestion to get clear idea and process further..

A. What are your terms of service on contact, outsourced, service conditions, have you obtained prior permission of ML. & what about your continuation of services. better to consult a family lawyer to take up the issue quickly.
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My name is Ramendra Singh. I want to change my name to Rohan Singh. I live in Khurja, dist - Bulandshahr (UP). I have graduated from Panjab University in engineering. Do I have to change my name in all documents like 10th , 12th marksheet, B.E. degree in order to change my name in future institutes like company etc. Or giving an affidavit and a newspaper report would be enough?

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Hello sir. I am married since just a year. It was a arrange marriage. After last negociation and fixing the date, with my in laws concent we booked all logistics needed. After knowing this one day my husbands mother called us n tell my husband is divorcee but they didnot make social marriage. After that they show us the divorce cerficate. As because we had dated before i concider the fact and finally we get married. Now just 1 month after our marriage i started face lot problem from his mother side. Everytime she get enter our relationship and try to spoilt it. She always tried to suppress me n she and my husband tried to belittle infront of her family. When things getting worse i stopped talk to her. After that too i could feel that she influenced my husband. She alwayes tried to disturb me just after my husband going out for his office. I made my husband known the facts but he everytime takes her side. Before some months she physically hurt me. I too countered it. Then after we went to hollyday and there i found my husband talking with her mother making a conspiracy against me for divorce or killing(i dont know. As she belongs to a nasty family background). recently i lost my father. I started stay in my mothers place. He came here at my fathers funeral after that he never call me. Now my question is as i am not intend to divorce him what should i do to get rid of my husbands mother and her family. I dont want to get back their house because of my physical and mental security and live life peacefully. I dont do job studying for civil service and i am 31. Please give me some suggestion. Thank you

A. You can just live on as you are doing now. Your husband may file either divorce or for RCR. You can resist both when he does.
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