kennii
04 August 2012 at 17:18
Can a married couple apply for registration of marriage in mumbai where they are presently residing together for the last 7 years but marriage was solemnized under hindu marriage act at another state. Marriage was taken place more than 15 years back. Please guide with the rules and procedures to follow for registration in Maharashtra if allowed.
Thanks!
vineet
04 August 2012 at 15:48
Dear Experts,
Kindly clarify that : 1)what is the max.time required for filing the chargesheet u/s.498a,406,34IPC by the I.O.?
2) A FIR was registered in june 2011 under above sections. Since one year passed and the investigation is still on and uptill
now,no chargesheet filed.
After such a long time, i.e. inordinate delay in investigation, Can police file charegesheet or not?
3) Can FIR be quashed on the basis of inordinate delay?
Thanks .
VEE KAY.
Sandeep Tiwari
04 August 2012 at 13:53
My younger brother had been suffering from mental disorder after marriage and as such currently he is also unemployed. He got married on 13/02/2005 and thereafter on 17/11/2005 a male child was born. We are a joint family living in a very small house having two 2 Nos. of average room and a small room. One room is living cum kitchen and other one is occupied by me, my wife and 2 daughters and the small room was occupied by my younger brother and his wife and child. After the male child took birth, the maternal relatives of my younger brother started regular visit to our place of residence in order to have meet the baby and sometime the number of visitors of the maternal relatives of the petitioner was in such numbers that it was not convenient on our part to accommodate the entire visitors, which subsequently created a unhealthy situation at our house. My younger brother’s wife finding such a situation, started demanding a separate house to live and further to accommodate her relatives but due to merger income he could not fulfilled the demand of a separate house and due to non fulfillment of the demand his wife started emotional blackmailing him that if he does not fulfill the demand of a separate house she would leave her matrimonial home. Her attitude started changing drastically with time and she became more and more aggressive, ill mannered and took up quarrel with every petty issues. My brother tried to persuade her parents to tackle the state of their marital relation which was deteriorating day by day but all attempts made by him to persuade his wife and her parents to retrieve the marital bond went in vain. His wife continued with her stubborn and exasperating attitude leaving a cumulative effect of distress and pain on his mind. On 05/02/2009, both of them quarreled and she deserted my brother and warned him not to visit her. However, my younger brother went to her father’s place many times to bring her back but she denied. Due to such an attitude, my brother had been to a state of depression and under Psychiatrist treatment till today. The most distressful part of the entire incident was that the she never allowed my brother to have any access with his son whenever he visited the maternal house where she had been staying with their only son. She regularly denied to accept any food articles, cloths and other gift items which he used to take along with him to give to the her and his son. In the mean time she had also filed CRPC 125 (seeking 1000/- towards maintainance for herself and 1500/- for her child) which was ex-parte as we could not follow it up, due to focus on treatment of my brother. Now, execution order under CRPC 128 is now under trail in lower court at West Bengal. I am the only earning member who had to look into all this mess in the two families. My father is around 68 years and mother around 60 years. They have seperated income from house property and there lively hood remains on this income. Currently they had also filed a DV+ Stree Dhan.
1. How Should I take control of the situation?
2. What can I do to defend my brother and family?
3. They are demanding 5 Lacs to settle the issue and cases which I don’t have?
4. What are the legal point and acts which can help me and stop them from offending us?
5. Pls. suggest any other way out..
6. I Have few reports of my brother's on going treatment and prescription to offer for his defence.
RAJU
04 August 2012 at 11:37
HI,
MY WIFE IS UPSET WITH MY PARENTS AS THEY DID NOT COME FOR THE NAMING CEREMONY OF MY SON WHO IS 2YRS NOW. MY MOM AND MY WIFE ALWAYS HAD PROBLEM AND I HAD SEPARATED DUE TO THIS REASON AND NEVER GAVE MY WIFE PROBLEM OR FORCED TO STAY WITH MY PARENTS.
NOW SHE IS NOT ALLOWING ME TO TAKE MY CHILDREN DAUGHTER 5 AND SON 3 TO MY PARENTS. WE LIVE IN PUNE. MY PARENTS LIVE SEPARATE AND I AND MY FAMILY LIVE SEPARTE
SHE IS VERY ADAMANT AND THREATENS ME TO LEAVE AND GO IF I TAKE MY CHILDREN TO MY PARENTS.
MY PARENTS ARE OLD AND ARE CRAVING TO SEE THEIR GRAND CHILDREN.
PLS LET ME KNOW LEGALLY HOW CANI FORCE MY WIFE TO ALLOW ME TO TAKE MY CHILDREN TO MY PARENTS.
PLS ASSIST I AM REALLY DEPRESSED AND SAD.
Ami Gandhi
04 August 2012 at 10:50
Hello, I am from Mumbai. Got married in the year 2007 in Surat. I accepted him as my husband inspite of knowing that he was a divorcee and me being a Fresher. Since the first day of marriage, i was being tortured by my in-laws for dowry. Later-on in the span of 3 months i realised that my husband has an extra marital affair with a Model. Since that day my life went for a toss. He used to come late to home at times not even turned up to home saying he is going out of surat for his business. H8is parents never wanted him to bring a model as his wife at home so got hime married to me. His parents used to support him for keeping this extra marital affair. In that 3rd very month i got to know that i am pregnant. Thought things will change now after having a child in our life. But things became worst.
July 2008 i got a baby boy. On child's 18th day, there was a huge fight at his place because of which he threw my 18 day old son on the bed snatching him from my hand. My mother called police and i was set free from his house with my kid on his 22nd day.
Please help to get divorse...
raj
04 August 2012 at 07:39
my sister in laws troubled her a lot and from April 2011 she left and started staying with us her inlaws filed divorce in june we got summons and as per our lawyers advice we didn't turn up to the family court of jamshedpur as our lawyer was trying to transfer the case and meanwhile we got second summon and after that she was granted ex-parte divorce in march 2012 and in august 2012 we came to know bout this i would like to know what all we can do now . we didn't give any dowry torture as our lawyer advised that this could ruin the chances of any future mingling with her inlaws we just had domestic violence case on them what can we do now at present please help
pratik
04 August 2012 at 03:30
Hindu Adoption and Maintenance Act of 1956.
1) Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex.
2)A Non Hindu cannot adopt a hindu child & vice - versa.
To The Jurist i need a section which mention the above or any case law it is urgent.
thanks
Avinash
03 August 2012 at 18:53
Hi,
i Have a question about a right of unmarried women who has been feeding her family throughout her time but in up specially in U.P now if a house named under mother she she becomes biased towards other siblings who are working now and sells (bainama) or does makes a will in favor of her only son and the other daughter So what action should an elder sister can take to cl;aim her right in her mothers property. Under which Article and and which IPC act she can claim or challenge the will or the sale deed.
In short the situation is a mother has five children 1 son and 4 daughter two married and two unmarried. Now mothers want s to throw the elder unmarried daughter from her property and makes a will in favor of her only son and a daughter(case specific to u.p )
Please specify the the book as well where the articles are mentioned which help and shown in the court and also the procedure to be followed.
Regards
avinash
CA Mari sankar
03 August 2012 at 13:32
My date of birth is in Government document is differ from my original date birth.
The original date of birth is have in my place of our municipality.
When i go for the application for the certificate the concern person in the office,replied that date which i given in the form is not with our data.
I Applied the date which is in my government document instead of My Original date of Birth.
Whether any possible way to get a certificate in our decisionable date of birth or not???
Thanks for your quick reply
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Ipc 494, 109, 417, 420, 34 + hma sec. 11 + sec. 24
What would be my fate ?
What is the process of IPC 494 complaint proceedings ?
I have filed IPC 494, 109, 417, 420, 34 on my void marriage wife.
cases pending are -
1) HMA sec. 11 - declaration of nullity - filed by myself
2) sec. 24 - Int. maint. - filed by the Respondent Void wife.
3) dowry harassment complaint filed by the Void wife at Mahila Suraksha Samiti.
facts :
husband (myself) has Divorce Decree out of his first marriage.
void wife has Sub-Registrar DIVORCE DEED (customary) out of her first marriage.
there is no custom among the wife & her 1st husband.
married in May 2011.
desertion in Oct. 2011. (lived together for total 2/3 months by summing up the pieces)
sec. 11 filed by me in dec. 2011 - wife (govt. servant - salary = 35 K / month) & her first husband (teacher), both are respondents.
summons served in Jan. 2012.
first husband appeared on the first opportunity given by court & filed his WS.
In March 2012, i filed HMA sec. 21B application for expeditious trial - court ordered OTHER PARTY TO SAY - no say is given by R1 & R2 till date.
void wife sought 3 opportunities to file WS - but filed none - NO SAY order passed.
on next hearing (10 / 07 / 2012) she got NO SAY order SET ASIDE and filed WS (no dowry allegation at all in WS) + sec. 24 application.
on the next calander day (11 / 07 / 2012) she filed complaint at CAW - dowry harassment = 10 Lakhs.
i was informed about this complaint by CAW on 26 / 07 / 2012 & was invited to appear on 28/07/2012.
accordingly i appeared at CAW & recorded my Statement along with the certified copy of my sec. 11 petition and the sec. 24 app. filed by her - she was absent.
her lawyer told me that she has also filed DV case (i have not received the summons yet).
Her offer to settle the cases = 65 Lakhs.