rsraghukumar
12 April 2012 at 00:01
sir i filed OP to declare my marriage as null and void on the ground that the girls first marriage is in subsistence with another person.
sir that first husband before three days of second marriage with me,filed Suit along with IA Injunction Petition to stop second marriage. Accordingly Court has granted injunction order. the girl is D1, me D2 and her father is D3. injunction order, notices and summons served on D1 and D3. but they both refused those orders, notices and summons performed second marriage.that notice was not served on me as first husband was not knowing my adress at that time when he filed the Suit. if i would have known that issue i would have stop marriage with that girl. my bad luck sir. first husband not filed contempt of court. the best reasons known to him only.
sir i came to know that SC and HC judgements are there that when marriage is performed when injunction order is in force, that marriage is void under law. is it correct sir? if so please help me ingetting that type of ciation. my appeal is in pending. i will file in HC.
thanking you sir.
victim after marriage.
Law Querier
11 April 2012 at 19:07
According to Section 33 in The Registration Act, 1908:(1)For the purposes of section 32, the following powers- of- attorney shall alone be recognized, namely:
(c) if the principal at the time aforesaid does not reside in India, a power- of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government: Provided that the following persons shall not be required to attend at any registration- office or Court for the purpose of executing any such power- of- attorney as is mentioned in clauses (a) and (b) of this section, namely:-- (1) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in Court. 1[ Explanation.-- In this sub- section" India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897 )].
But, According to Section 14 in The Notaries Act, 1952: Authentication by Notary is allowed where reciprocal arrangements under the said section exist. i.e.only in case of the countries United Kingdom, Ireland, Hungary, Belgium and New zealand. i.e, Power of registration executed in the Countries (excepts United kingdom, Ireland, Hungary, Belgium) will be authenticated by the Indian Consular Office in that country. and not by the Notary.
My question is: If the Power of Attorney made for the purpose of Family court matter is notarized by Public Notary of Canada only and not countersigned or authenticated by Indian Consulate/Embassy of Canada then the POA is legally Valid or Not?
Please give proper reply.Thanks
Priyesh Shah
11 April 2012 at 16:05
The question is that in case the husband expires first, then the spouse becomes the legal heir. But later if spouse expires and they had no children, then what is the hierarchy for legal heir.
The Husband's parents had expired before his death. However he had brothers. The Spouse's parents expired before her death, but she had brothers.
Who has a legal right, husband's brother's or spouse's brother ???
shyam gulati
11 April 2012 at 13:02
Dear sir/Madam,
I have drafted a WIll, in which i have marked 2-3 points i want to know cleareance about this point.
1. person is Roman catholic
2. can person will -for the property acquired in future
3. can its mandatory for registration in catholic law
Pls advise me accordingely
thanks
shyam gulati
G V RAO
11 April 2012 at 12:47
I have received an emergent notice from highcourt. They have asked me to appear along with lawyer within 5 days.
I am out of station and due to personal work , i can not go by this week to court. Also i need some time to find a suitable high court lawyer.
Can i send a letter to court register about my position and asked for some more time.
What shall i do ?
Pls advise
PRAVIN
11 April 2012 at 11:40
Dear Expert,
My wife is Judge in court. She is earning Rs 50000/- per month. I am earning 43000/- per month.
She wants divorce.Her parents forced her for divorce.
As she is govt class one employee, will law give soft corner to her?
Will she create any problem to me ?
According to my opinion if she is earning more than me, I need not pay any thing.
Further I have a houseproperty constructed by my father but is in the name of me.
Will she entitled to claim any share in that property?
Suggest me some safe ways that will not harm me?
Plz guide I am in big trouble.
Thanks
false_case_victim
11 April 2012 at 09:50
Husband has explained his love affair and the wife condoned and living together but after few months when they got a small matrimonial dispute, wife filed 498a and DV (maintenance) case by collecting the love affair proofs secretly from the husband's computer and submitted to the court.
There was no proof/recording of her condonance.
Respected sirs,
How to proceed with this kind of situation?
Member (Account Deleted)
11 April 2012 at 08:35
is there any evidence or chief of the parties applying for mutual concern divorce.please update
Adv. Deepak
11 April 2012 at 00:56
Husband is sufferring from severe oligospermia. In what manner this fact can be proved so as to get divorce on the ground of cruelty. Husband has not admitted his medical reports.
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Court restrain me,not creating 3rd party interest, can i give on rent sir
Respected sir, Under DV Act and giving interim benefit to my wife, court restrain me for creating third party interest in my house. I wish to know whether I can give house on rent. thanks and best regards spgoel delhi 9810101999 Pls give reply with some section, clause, justification, judgement sir and oblige me, it is life and death for me. thanks again.