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GOPALJI PANKHANIA   20 August 2012 at 22:27

Type of property

Property purchased by the husband from his savings and registered in the name of his wife. This property for the wife does it become Acquired Property or Hereditary Property. Also what is the status of the property for the children when the mother is alive ?

Jayant   20 August 2012 at 17:02

Validity of will for ancestral property and succession

My uncle, who was unmarried, expired recently. He had made will and bequeathed his share of ancestral property to son of my younger uncle. Is this will valid in view of following-

1.This property was in the name of my grandmother who passed away in 1997. The names of my father, two of his younger brothers and one unmarried sister were included subsequently in government records.
1.The property is still in joint names including my father, my younger uncle, the deceased uncle and another deceased unmarried aunt (the aunt passed away two years back)
2. I have two more married aunts. Do they also have share in ancestral property ?
3. How many shares will be there of this property?



Aparna Badrike   20 August 2012 at 14:02

Divorce

i m a divorcy by mutual consent after 9 month ago. but he was demand me a legally divorce and i will married 2nd person for those days so plz anything issue of my second marriage for this legally divorce procedure can i get married for the period of legally divorce

diganta   20 August 2012 at 13:21

U/s 36 of the special marriage act, 1954

Wife filed a maintenance petition against the husband u/s 36 of the Special Marriage Act, 1954. Wife is unemployed and no source of income. In that situation the husband left his job for not giving any maintenance to her wife. My query:
1. Can the wife get maintenance in that situation and how?
2. Husband have a flat in his name, can the wife claim 50% share of the property?

Shantanu Wavhal   19 August 2012 at 20:32

494 - jurisdiction - for 2nd husband (aggrieved person)

Should I file IPC 494 in the district where my marriage was solemnized ?

or

can I file 494 at the District where I am residing permanently ?

the place of marriage is in different district & is 100 km. away from my home-town.



facts :
I am the husband.
my wife was married earlier.
she married me w/o taking divorce decree from her 1st husband (who is alive). They prepared Registered divorce deed only.



The Code of Criminal Procedure, 1973 (CrPc)


182. Offences committed by letters, etc.


(1) Any offence which includes cheating deception .......

(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or the wife by first marriage has taken up permanent residence after the commission of offence].

1. Ins. by Act 45 of 1978, sec 15 (w.e.f. 18-12-1978).

rakesh   19 August 2012 at 19:22

Divorce pettion

Dear sir,
Iam working on a moot problem which is based on family law. in this particular case the husband and the wife was married according to the provisions of Hindu Marriage Act. Both had frequent fights as the wife was a party animal and used to drink a lot and comes home late such issues were raising between both she even had filed a FIR on the husband and his relatives for mental cruelty but she had withdraw ed it apologizing to the police then the husband filed a divorce petition in family court on the ground of mental cruelty. but the petition was rejected when wife showed interest in the marriage. Meanwhile he came to know that she was pregnant and had a appointment with a doctor to abort the child. husband went to Bombay High court for injunction against abortion and challenged the constitutional validity of Medical Termination of Pregnancy Act and asked for the custody of the child after birth and in the same proceeding he also filed a petition for divorce.

In this case jurisdiction is the biggest issue as constitutional validity of MTP would be filed under art 226 of Constitution and in the same proceeding he also filed divorce which is and appeal against the impugned order of the family court. As High court has the inherent power to conjunct cases which would be pertaining to the same party. But in this case whether high court has the power to conjunct cases of two different nature an original application and and appeal in the same proceeding.
Please help me with this case.

Ashish Kumar   19 August 2012 at 13:32

Restitution of conjugal rights

Can u pls cite some landmark cases regarding Restitution of Conjugal rights...... Thank U :)

Shruti H   18 August 2012 at 14:42

Divorce

My wife has left me from last 2 years and i don't have any contact of hers.
Now if i approach court for divorce, will i get easily

Ranganath   18 August 2012 at 02:08

Cross examination

Ld Counsels,

During cross examination if wife admits that she is an important officer at her job and she receives official calls on the mobile phone.

will that allow the court to presume that no one including her hsuband can misuse her mobile phone.

Thanks in advance.

itishree patnaik   18 August 2012 at 00:58

Senior citizen property protection act

Dear expert there is provision of senior citizen property protection act.
my widow mother age 76 has a property on her name she got it from her parent but no peper of gift.she has 4 sons 3 daughters. she is staying with her son and daughter in law and a 60 year unmaraid daughter.but the son is a lawer as well as a drunkad the daughter in law is cruel women turtutured my mother as well as the son .the son had filed a partition suite saying the mother is not an urning member and as it is fathers property he has the rights.he need his share for that every day he is abusing the mother for the property.police despite of protection order is being silent as he is an advocate and saying as it is a family dispute for property if mother will give the share the problem will be solved,all the sons not ready to take or solve it with the mother.they wanted the mother should live her share now then only they will solve it, please advice me whether the senior citizen property protection act will help?or any law can give a peace full life to my mother...in her last lap of life, as she desparet to stay in her own house.i need an urgent soution pls advice me as soon as possible.
now the 1st son is also abusing for the property the two old lady s are serviving in fear and help lessly,