Can a Deed of family settlement for EQUAL Distribution of Ancestral property by Father-and-Karta of a Hindu Joint Family among all its 6 coparcenars (including Karta) be made by the said Father-and-Karta, when a case for partition has already been filed in a lower court, by one of the coparcenors ( ie his Son) for partition, thereby disrupting the joint family status of the family.
best regards AK Sinha
SIR I HAVE READ SO MANY CASES BUT STILL I HAVE TO THINK TWICE BEFORE UNDERSTANDING WHO IS A RESPONDENT AND WHO IS A PETITIONER....
WELL I WAS SEARCHING IF I COULD DO ANYTHING LEGALLY,,,,,,BUT IN ALMOST ALL CASES IT TAKED 2 TO 10 YEARS FOR ANY JUDGEMENT THAT TO IN DISTRICT COURTS,,,,....OTHERWISE I HAVE MY WAYS ALSO.....
WAS PREFERRING THE LEGAL OPTION FIRST....
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My bitter half has filed DV praying for protection order against me. Later, she has filed a RCR case praying for restitution of her conjugal rights and has prayed the court to reinstate her marital relationship with me. Additionally, a criminal case U/s 498a and 406 of IPC is also impending.
Apparently, these are reliefs of contradictory nature.
Does law permit filing of two cases (one civil, other criminal/ quasi criminal) by the same complainant/ plaintiff praying for contradictory reliefs from the same accused/ respondent?
Is there a relief against such forum shopping and vexatious litigation?
Would love to hear your opinions.
Kind Regards - CC
Except the decision of the Court, if available on internet, no other record is accessible by the General Public.
Plz tell me whether judicial records is ca access by general public
Sir, I know one friend in SC, inobox me ur case details.
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The Salary details of the wife can be summoned by the court on the application of the husband in matrimonial case pending in the Family Court. The HR department will be required to bring all the required details about the employee under order of the Family Court.
The Judgment in Kusum Sharma v Mahinder Kumar Sharma case by Delhi High Court is another landmark judgment where the Family Court can ask the elaborated affidavits of both parties to be filled wherein not only the income details but even the expenditure details including bank account details etc will be mentioned by both parties. This affidavit itself of 40 + pages comes clearly with all details that is required for deciding the issue of maintenance for the spouse and children.
My above reply is after factoring in the fact that your mother got her share of her ancestral property.
The property loses its ancestral character once it comes into the hands of your mother.
Can some one just throw light that there was a judgment recently there is a mandatory provision to file such affidavit on all such income before Court.
It is difficult to get information from employer and by filing such petitions before Court, the employer may be directed to provide such documents of income details.
If you come back to India, obtain such land records and get a separate partition deed registered in your names. Contact Advocate and register compromise through Legal Services authority. You may draft all those forms, prepare a plan of action, and can at the correct time for getting LSA award.
Look your minor child in living with your wife in a foreign country and in order to get the sole guardianship and physical custody of the minor child under the Guardians & Wards Act, 1890 the petition can be filled in India where the minor child orindinarily resides in India, which not in this case.
The other option left with you is to file for the annulment of your marriage in Family Court in India, on the ground of fraud committed by your wife by hiding the fact about her first Muslim marriage, Nikkah with a Muslim man after converting to Muslim religion but after the divorce she did not convert back to Hindu religion for Hindu marriage with you, now here you have to file the petition under section 11, 12 of the Hindu Marriage Act,1955. However this petition you have to file with 1 year of the disclosure of the fraud otherwise it will be time barred and not be entertained by the court. In the main petition for annulment you can move application under section 26 HMA for seeking custody of minor child.
Otherwise you have no other option for seeking custody of minor child in India as the minor child lives with your wife in the foreign country and for that you need to go to that country and file for child custody.
Thanks for the information. What i forgot to mention was was my mother got her share of her ancestral property which was eventually sold by my father and bought new set of land