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I have received dasti summons from my wife's lawyer for RCR+Interim Maintenance. After 15 days I still cannot see it in the ecourts app. Moreover the dasti summons (notice) does not contain the case number. My question is, is it possible that they sent summons without actually filing the case in the court ?

A. First be sure whether its a summon or a notice from a lawyer. Ingredients of Summon from Court:-
Name of the court issuing the summon, Case number, under which section and act the case had been drawn, Name of the parties, Date & time of Appearance.

Better consult a lawyer with the document. Only after evaluating one can know.
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My wife is living with her parents for last 1.5 years and has filed RCR with interim maintenance application. She has stated my business income as 3.5 lacs pm (though actually it is only 70,000 pm, i have ITR of last year). She has not provided any income proof of mine. Also she mentioned that the child is not going to school because of lack of money. My advocate is planning to ask 4 weeks of time for our reply in the first court hearing. My question is, whether court can grant -interim maintenace in the first hearing itself just after listening my wife that child could not get admission in school because of lack of money, without looking at my income proof (which I will give in 2nd hearing). My 2nd question is: if the court decides interim maintenance to wife on first hearing then what will be the most probable amount ?

A. you can submit your written statement through your advocate giving proper evidence of your previous ITRs. Usually the courts don,t decide interim/maintenance ex-prate ( without hearing the Opposite parties). you must try to submit your written statement through your advocate as soon as possible.
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ROBERT D ROZARIO
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Kumar Karan Agrawal
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notifications1 NOTIFICATIONS Advocate Dsouza has Applied to your case. 2018-08-27 10:46:03 message MESSAGES No Unread Messages refresh GENERAL Dashboard Case Details Interested Lawyers Case Information Case ID VK201808273942 Case Status Open Family Posted On 2018-08-27 10:36:03 Posted By Anonymous State Maharashtra City Pune Service Needed Not sure what to do next Case Title My friend divorce case Case Description Hi I love a girl since 3 years and all going good and once she told her parents about me they house arrested her and call me and scold me and warns me and they marry her I even don't know phone also not allowed.And after I came to know and 2 years I struggled to forget her and suddenly she call me and told I she was not with him for even 6 months after marriage he is not good and he marry her only for her property. I and she never talk after her marriage till I know about this and he and she got separated after 6 months of marriage but not divorced and he behave rude with her and he beat her and shown torture to her in that 6 months so her parents decided to take her daughter with them and they filed cases against him 1. he torture her and his family also tortured her 2. He also try to make her character bad he told she have affair with her sister husband they also filed this case no evidence for that 3. She team cases Now current situation is He applied a divorce with her but her family members thinking they trying to prove his mistakes in front of Court so they are not accepting they trying to prove he is bad (my question he applied for divorce if she accept how much time it take both to separate legally leaving her parents,can she she do anything in this) Leave her parents they are blaming her on this her sister and her mom try to dominate her .and once she got divorce we both will marry each other we r ready and don't know what to do now can anyone please suggest

A. Ask her to speak with her husband for mutual consent divorce, which takes six months to dissolve the marriage. Once she gets divorce marry her and have a happy married life.

If her parents are forcing her not to go for divorce, she can lodge a complaint with the local police station against her parents for domestic violence. Once police interferes they will stop interfering in her life. She is adult and mature enough to take care of herself and her life.
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Anonymous

Posted 1 year ago

I had a live in relationship with my partner where i stayed with his parents. He forced me physically after which his parents consoled me that they will get us married. They spoke to my only living parent my mother. Since his wife had passed away only an yr before that they said we will have to wait. We also agreed as my dad had jus passed away. However i conceived. My partner tried to convince me to abort however i refused n said i will part ways n keep d child if he does not want. He then got involved with another women n started abusing me n torturing me mentally n physically. I moved out to another house nearby as my pregnancy started to show and i was afraid he would kill my baby to avoid embarrassment. He visited me one day n literally raped me in my 6th month of pregnancy when doctor had adviced against intercourse. I began to bleed..spot n doctor advised complete bed rest n cessarian. I then moved to another house without informing him. I was in touch only via phone. When i asked him to come for my delivery he refused saying that he moved on. He did not come to see the baby as well. I gave birth as a single mother and she does not have a legal father. I suffered from poor health and depression. After few months i disclosed my location. He began to visit me n baby. Then one day he said he is done with all his affairs and want only me in his life and asked my mother for my hand. Both the families began to prepare for d marriage. He forced me physically again and consoled me saying we will b married soon. I also began to give in. Then it came to light that he was having an affair with another women. He tortured me mentally and started demanding dowry. I approached the cops and he married me. However, he left me and took his girlfriend for a honeymoon. She later claimed that she is also married to him and has conceived. I approached d police and they finally filed an FIR after realising that he n his girlfriend is just torturing me. He did not take care of me or baby in cash or kind. When this continued, in 2016 they moved the papers to court. After a few hearings, the police told me that i should come to court only when i am called and for a year now its still with the court. I have not heard from them. We stayed together only for a month. All the rest of his visits he would convince me that he would change n then have physical intimacy. He would then abuse. He once took a knife to stab me and i ran out from the house. I am scared to stay with him. He also took me to the hospital saying he will do a vasectomy coz he doesnt want to use protection n i do not want to conceive again. I dont know wot he got done but i took care of him. He also got a tatoo of my name on his hand. This convinced me to try again but he continued to drink n abuse and kept in touch with his girl friend. For a year now we r truly separated. I want a divorce. He gave me 5lakhs in these 4yrs. He has not spent anything else. I want a divorce n child custody without any permission for him to meet my daughter. He is a bad influence. He shows porn to his 6yr old son n justifies it. I do not feel my daughter is safe with him in my absence. He is mostly drunk. He has created scenes infront of my house many times n i had to vacate. I had made police complaints on this too. But they took a bribe..warned him n let him free. Pls help on how i can get a divorce and if i can claim at least medical and education cost of the child from him.

A. Both you and your daughter are entitled to get maintenance from your husband. As for the custody of your child, generally a child below five years are with the mother and after five years the father becomes the legal guardian. However before granting the physical custody of the child court follows certain guidelines to determine the interest and well-being of the child, before granting the physical custody of the child to anyone parent or joint custody.
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Manjula  Shanmugasundaram
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
sir we sent divorce notice but my husband rejecting that notice he is not accrpting that notice. is it possible to send summons through special messanger or through e mail of him? this case is in karnataka. we are hindu

A. You are asking about just seeing that the notice is served. The meaning of that husband`s refusal to take the notice may be remedied. But it also suggests that he will nt easily accept to give divorce.Do you have good grounds to seek divorce ?
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Ashish K Dongre
Ashish K Dongre Experience: 12 Year(s) Thane
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
I have two children ,female 9 yrs and male 8 years.From the beginning my spouse is not a responsible person.And the compatibility is very low between us . As my marriage held in my early age ,so i don't have maturity to decide and object in those days(2005). Now I am in confusion that if I separate from my spouse ,what are all the problems that me and my children have to face in future.I lost my patience and I am not able to continue with him .He is not taking my responsibility since years and not staying with us.my question is what are the positives and negatives.please help me to decide .

A. File for mutual divorce and ask for one time settlement amount. The amount will be as per the status and income of your husband and settle your score amicably.
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ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
my friend got married and they have lived life together about three months. Then after once, she goes to her home. Now she said she don't like him. Don't want to come back. my friend loves her too much. he cannot handle this pressure. he got mad and his memory s also very weak. He only knows some people around his from childhood. he forgot even his marriage also. after one-year girls family has asked for a divorce in court. my friend not able to sign divorce papers also because he doesn't remember his marriage. what can we do?

A. You should approach that girl to file for divorce on the ground of insanity. You can also ask relative of your friend(husband) for conducting his medical test in a mental hospital.
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prasad prakashrao Patil
prasad prakashrao Patil Experience: 11 Year(s) Pune
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
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Anonymous

Posted 1 year ago

Do I need to get groceries and ration separately besides paying alimony to her. Not divorced yet but live separately.

A. If alimony granted then there is no need to provide or pay for groceries.Kindly contact with vidhikarya lawyer for proper legal advise.
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Harsharan Singh

Posted 1 year ago

Hi, My divorce case is under process. My wife has filed interim maintenance by highly overstating my income. My case is if I don't attend dates, will the court Grant her the interim maintenance as per her wish ? Thanks

A. It would be enough if your advocate represents you effectively in hearings.
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Anonymous

Posted 1 year ago

court sent notice to husband to attend for hearing on date given. not given any information for me to attend so is it needed to attend the court or if dey didnt inform me den also i hv to go n attend court. its frst hearing date.

A. Dear Madam,

Once you file case, it is your responsibility to collect next date of hearing through your advocate or in person.
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