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Messages - advshelly

Pages: [1] 2 3 ... 5
1
498A IPC / Re: How and where can file 498A
« on: May 23, 2018, 05:52:41 AM »
keep this in Mind that consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC.

2
Marriage / Re: High interim maintenance under crpc 125
« on: May 23, 2018, 05:48:11 AM »
Delhi High Court Stated the factors to be considered by the Court while deciding an application for interim Maintenance.

The object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of fund.

Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse.

The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case of Divorce Act or Parsi Marriage Act.
The Delhi High Court has re-iterated the following factors to be considered by the Court, while awarding the amount, as held by High Court in Sh.Bharat Hegde Vs. Smt.Saroj Hegde
# Status of the parties.
# Reasonable wants of the claimant.
# The independent income and property of the claimant.
# The number of persons, the non applicant has to maintain.
# The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
# Non-applicant’s liabilities, if any.
# Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
# Payment capacity of the non applicant.
# Some guess work is not ruled out while estimating the income of the non applicant when all the sources or # correct sources are not disclosed.
# The non applicant to defray the cost of litigation.
# The amount awarded Under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the Act.

The Bench also held that, the Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants.

The determination cannot be made with exactitude; it is essentially interim in nature. The Court is called upon to make a summary consideration of amount which the applicant is to be awarded by way of maintenance pendente-lite and litigation expenses in accordance with the financial resources of the parties. Capacity of the other party to earn cannot be taken into consideration – it is only the actual earning of the opposite party on the basis of which relief can be granted. Permanent income and not casual income is relevant.

3
Marriage / Re: In laws trying to control me and my Streedhan
« on: May 23, 2018, 01:20:33 AM »
first of all you have to understand what is streedhan?
Streedhan is the property that a woman obtains at the time of her marriage, unlike Dowry  it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion.

Read this judgment: Pratibha Rani v. Suraj Kumar - http://www.legalserviceindia.com/issues/topic1606-pratibha-rani-vs-suraj-kumar-streedhan.html
The Courts have also made this distinction clear. Women have an absolute right over their Streedhan.

So no one can take your Streedhan rest assured

4
Marriage / Re: Husband left me in India and went to Australia
« on: February 18, 2018, 09:34:17 PM »
You are immediately supposed to file for maintenance for both you and your children.

5
Marriage / Re: What if bride's family changes the bride in marriage?
« on: February 18, 2018, 09:32:29 PM »
was the marriage solmonised?

your brother is going to marry someone, and he has not been given a single photograph prior to marriage.

this is something no one can buy your statement?

I don't think judge will be convinced

6
Marriage / Re: Husband and his family cheated me
« on: February 18, 2018, 09:30:16 PM »
what do you want, plz mention that clearly than we can give you legal options available to you.

Is your parents supporting you?

7
Company laws / Re: IT service firm as a LLP ?
« on: September 07, 2017, 06:13:01 PM »
Yes you can, which city in India u want to set up

8
Copyright laws in India / Re: Pen Drive lost inside a printing shop
« on: September 05, 2017, 05:07:51 AM »
You cannot definitely say you left it in this shop. You don't have a case against him.

9
Cyber laws / Re: YouTube issues after 9 years
« on: March 14, 2017, 03:41:50 AM »
Copyright validity of a sound recording or video recording is 60 years.
So he has a case.

10
I have read your long posting.

Now just answer one thing what is the outcome you are looking for?

Whatever u have mentioned means you will spend your entire life in a fruitless legal battle.

Sit down ask yourself what you want .

Than make your next post.

I will give you correct solution

11
Criminal laws / Re: Need help in criminal case quash
« on: July 13, 2016, 05:13:18 AM »
Your divorce petition shall contain all the terms and conditions including settlement of 498a and such other matters.

to quash the FIR both you and wife have to jointly file in High court for quashing of FIR thats all.

you don't have to go to jail, that chapter is permanently closed

12
Criminal laws / Re: Cheating by a photographer
« on: July 13, 2016, 05:10:25 AM »
you can file a written complaint in police station for cheating.
and than file in consumer court for deficiency of services

13
Cheque Bounce / Re: PLEASE SUGGEST MOST SAFEST LENDING PROCESS
« on: July 04, 2016, 09:40:19 PM »
since our judicial system is very slow, hence there is no perfect way here.

that is why  most  banks employ hefty Bouncers and good relation with police to do the threatening part if that works out.

 :) ;)

14
Marriage / Re: Divorce person when to marry again
« on: March 14, 2016, 07:57:35 AM »
seek clarification from the court in which the matter is pending

15
Marriage / Re: Husband and mother in law
« on: March 14, 2016, 07:53:52 AM »
You are eligible for maintenance so is your child.

file for maintenance for both, do not file for divorce. than you will have a claim on your husband's pension

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