Ajay Kumar
02 September 2012 at 10:19
A a Hindu male dies leaving his widow,Father, mother, daughter and son. mother , widow, daughter and son share the property equally(each got 1/4 th share of properties of A). After some days A's mother died. Now A's only brother B claimed a 1/2 share of the 1/4th share of the mother. is his claim valid?
(on partition A's mother got 2 acres, now B claiming 1 acre land.)
Keerti
01 September 2012 at 23:36
Just so I can explain my situation in a nutshell -
My husband deserted me 4 years ago.He lives in US and I have been in India all these years.
Recently I came to know that he moved on in life with another woman and they had a baby boy two years ago.Seems like the relationship did not last for too long and his girlfriend filed a DV against him.
and the couple is now fighting for the custody of the child.
I have been fighting my separation and Domestic Violence in India for a while now but without real evidence about his girlfriend and their baby , I have been struggling to prove anything against him.
I am told that the birth certificate of the child is the best evidence but I am not sure on how to obtain the same. Any suggestions?
arti
01 September 2012 at 23:35
sir
i was married 8 years before and it was love marriage.but my husband is involved with other women for last 6 years.he says to me that he dont want to leave me and trying to leave that other women.But now i came to know that he was with her for 11 months in abroad(maldieves).now she is in jaipur and still he is in maldieves till december 2012.(contract time).
i dont want to seperate with my husband .i just want a solution to handle this problem.is there any law which can help in my problem.Please help.....
Ranganath
01 September 2012 at 22:53
Ld Counsels,
Husband filed annulment of marriage on the ground of fraud. Wife filed counter after which husband filed an application under Order 12 Rule 6 of CPC seeking judgement on admission, wife filed a counter in the application as well.
Prayer in the applicaiton was to declare the marriage null nad void based on admissions made by wife in her counter statement.
Later husband withdrew above interim application as not pressed. Will this withdrawal prevent him from taking advantage of the admissions made by wife in her counter statement in the main proceeding. Further can he agitate the same grounds raised in the applicaiton again during final hearing of the case.
Thanks.
Mukta
01 September 2012 at 12:19
Hi ! I am a 33yrs old and married for 11yrs,i have two children aged 12yrs and 8yrs.Due to physical and mental discomfort with my husband as well as my father-in-law,i had to leave my home and shift to my parents home.I belong to a very practical thinking family but with high values for relations.Hence i tried with my full strength to get over all the problems and tried to save my marriage with a hope.Since my two kids are grown up and can now figure out about the good and bad things it had started becoming difficult to maintain a good atmosphere at home resulting of my leaving house.I have filed two complaints regarding harassment against my father-in-law.There is still no reply from their side.Also i had applied for maintenance and the result has come in favor its been 2 months after the order passed from the court but my husband has failed to pay the amount.Their financial condition is not strong..In the mean time they have now filed for RCR.i am not sure where this will lead to as he keeps on saying that by no chance he will give me divorce.And i cannot stay with him anymore. we have gone through the counselling sessions thrice.
Due to my husbands violent behavior we had to leave Nagpur and shift to Pune.Presently i am staying with my parents and kids.
Please guide me and tell me my next line of action which will make way for divorce.Also Please let me know about the custody of my children as i dont want them to suffer in all this they are the only ray of hope for me to survive in life.They never had a good relation with their father as there is no attachment what so ever with him.
I hope i can get over this and make my life a little comfortable.
Thanks
Mukta
Ankarsh Rattan
01 September 2012 at 09:47
My wife is living seperted from last 2 years. We have a girl child of 2.7 years. I had imposed conjugal rights case and custody case for child. She had imposed maintenance case for her and child. She is earning Rs 17000 and I am earning Rs 24000 per month. Now today both custody and maintenance case are heared. One is on other judge and second is on other judge. In custody case the interim visitation hours was given by court on 31 Mar 2012 but that the child will be meet at Church from 05 to 07 PM on ecah sunday, but she does'nt comply with orders of child and I have to file contempt petition. On hearing of both contempt and custody petition, judge , the judge says we will sent your case to mediation centre. Now custody case will sent to mediation centre whose date of hering is in 27 July. on that date my wife and her brother came. Mediator said to my wife that don't spoil the life. Go for settlement and gave next date 31 Aug 2012. On 31 Aug 2012, of mediation, my wife doest not came, but her counsel stress on the point that she is not inetersted in living with me. Mediator and and wife counsel force me to give Mutual concent divorce. Is it possible, that they force me ? I does not gave her Divorce.
tenrique_in
31 August 2012 at 23:28
After going through various cases, I am Sorry to say/feel that I don't think I will ever get justice through our laws which are the weakest for bad people and cruel for common people. Jobs are given on caste basis, justice on money power (for hiring advocates/getting bail etc) and in family disputes on gender basis. Where should the common MAN go?
Ms. Dave
31 August 2012 at 21:34
Boy was married to 1st wife but without divorcing her, he married to a 2nd wife. And registered 2nd marriage. Now even if his 2nd marriage is legally to be nulvoid, still if he wants divorce mutually from 2nd wife, is it possible to take divorce instead of nuling?
If 2nd wife ready for mutual divorce can they take it?
what if take div. instead of anulling?
please reply me experts.
G.S. Nagaraj
31 August 2012 at 19:23
proceedings u/s 127 of cr.p.c.- in lok-adalath, wife compromised with husbaand by receiving Rs. 1,00,000/- from him towards her life time maintainance and she stated that she would not claim any maintainance in future.Whether she can file any maintainance petition/suit against her husband in future? whether that compromise at lok-adalath would operate as res-judicata against wife?
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Restitution by husband & 125 crpc by wife - need help
Dear Sir / madam,
Below are my details:
Marriage : Dec 2008 (Nasik)
Matrimonial home : Mumbai
Staying separately : May 2009
Issue Baby Boy : end 2009
Wife's relatives taking back Stridhan : June 2010 (written and signed on Rs. 100 stamp paper)
Sent Money order by myself : 3 times Apr, May and June 2011. Refused by wife with no reasons.
Despite several attempts, wife doesn't come up nor is she ready to give divorce.
Both Parents not keeping well but wife wants to stay separately.
I filed for Restitution of Conjugal rights : March 2012 in Mumbai
2 hearings so far and wife does not turn up.
Wife files for 125 CrPC in Nasik in Aug 2012 in Nasik (Malegaon).
Queries:
1) Can wife file for 125? I have received only Summons from Nashik, Malegaon Court via local police station and not the details of the case / accusations.
2) Is Malegaon in Nashik?
3) Do I have to pay for monthly alimoney?
4) Can i transfer the Nashik case to Mumbai? Can this not be clubbed with my RCR case in Mumbai?
5) Do i need to remain present for the hearings?
6) How much time it takes for ex-Parte in my case of Restitution that i filed in Mumbai?
7) Can Court consider my application of ill parents and expedite judgement for RCR?
I would really appreciate your kind and expert advise on my matter.
I am also looking out for a Lawyer in Nashik who can help me solve transfering the case in Nashik.
Thanking you,
DNJ