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Hari haran   13 February 2012 at 19:11

Visiting rights

Sir,

I have filled Visiting rights in family court for 3 yr old male child. She is trying to go out of the country.
1. Can she go with the child?

2. how to stop it?

Member (Account Deleted)   13 February 2012 at 16:29

Right and custady of the child from unmarried parents

I noticed that Indian law does not throw much light about the above mentioned topic and granted that its not something that is heard about much in India due to cultural and religious standing of our country but as time progresses it may not be something that never happened before eg. Nina Gupta. so it can't be ruled out completely. Like united states has separate provisions about the same I was wondering if Indian laws have something up its sleeve too which i may not be aware of. Just wanted opinions and information about it from more learned legal professionals than I am.
Thank You.

Knowledge Gainer   13 February 2012 at 14:56

Does this amounts to blackmailing and defamation

There are two apex trust of a particular community who are doing social work for welfare of community’s members like scholarship, medical aid, interest free housing loan, interest free higher education loan etc. These trusts have common body who publishes daily news paper meant only for community’s members. This common body is also doing work of family settlement like marriage dispute, property dispute etc.

Now suppose a couple has marriage dispute and their divorce case is going on in the court. Now anyone from this couple has applied to the said common body for settlement. But other spouse is not want to settle the case in the said common body. The common body tries to call them to attend meeting and settle the issue. It may happen that the other spouse attends the meeting but does not agree for settlement. In this case the common body does not pressure him/her to go for settlement.
Now in 10-02-2012’s daily news paper this body has advertise that if the other spouse who ignore us or our call, than his/her name will be displayed in the said daily news paper’s future issues so that whole society will come to know about this and their matter and thereafter it will be too late for them.

I would like to know that such an advertising by the common body and respective responsible trustees amount to blackmailing? Publishing names of any ignoring spouse in the daily news paper’s future issues amounts to defamation or not? Other spouse is at his/her liberty to go or not? If he/she don’t go than they close the file.

K.K.Ganguly   13 February 2012 at 14:19

Can applications u/s36&37 of spl.m.act and also u/s125 of cr.pc be filed simultaneously?

Ld. Experts kindly advise.

Husband has driven out wife on dowry ground and filed Divorce Petition with adultery charge u/s 13(i)(ia) of Hindu Marriage Act without mentioning anything about adultery in the plea. The marriage was registered under Special Marriage Act.

Can wife file applications both under Sec36 & 37 of Special Marriage Act for alimony and alimony pendente lite and also maintenance under section 125 of Cr.PC?

If both can not be filed, which one is expected to give quicker and/or better relief to the wife?

Thanks.

Tekchand Gaur   13 February 2012 at 13:18

Regarding marriage ragistration

श्रीमान जी / श्री मति जी,
१. मेरे दोस्त की शादी आर्य मंदिर (दिल्ली) में हुई जिसके सभी प्रमाण-पत्र और फोटो है उनके पास है
२. और इसके बाद उसी दिन शिव मंदिर (गाजियाबाद) में उन्होंने फिर शादी की
३. लेकिन शिव मंदिर में की हुई शादी का उनके पास ना कोई फोटो है ना कोई प्रमाण-पत्र
४. उन्होंने पंजीकरण गाज़ियाबाद में करवाया है
५ लड़का लड़की दोनों फरीदाबाद के रहने वाले है
६. जब शादी का पंजीकरण उनके पास आया तो उन्हें पता चला की उनके पंजीकरण के शिव मंदिर लिखा हुआ आया है
आर्य समाज का कहीं भी नाम नही है उस पंजीकरण में
७. लड़के लड़की क घर वाले इस शादी के खिलाफ है
८ अब मेरा सवाल ये है की क्या यह पंजीकरण वैध है
९ अगर लड़का लड़की कही भी जाते है तो क्या इन्हें कोई मुशीबत तो नही होगी
१० उन्हें बिना घर वालो को बताये कहीं जाने के लिए क्या करना होगा जिसे पुलिस उनकी सहायता करे
११ अपनी जिन्दगी को सही स चलाने के लिए और हर मुशीबत स बचने के लिए उन्हें क्या करना होगा
१२ लड़का लड़की दोनों जॉब करते है लड़के की सलारी १५००० है और लड़की की १२००० वो साथ खुश रह सकते है

धन्यबाद

aneesh   13 February 2012 at 09:58

Please explain the act i have added the details.

My wife has suited for annulment of marriage under section 25 of special marriage act 1954.

1)I told her that i was master degree holder in computer science so only she married me but i did not say to her it was a love marriage..(Fraud )

my advocate told me that it may be correct under Indian contract act 9 of 1872 and evidences are not required for her to prove under this act.
Is it correct? If say in court that i did not say what would happen?

kavkaz   12 February 2012 at 19:39

Proof of wife living apart

Other than filing a petition or sending a legal notice, what can be a solid proof of me staying separate from my wife since so and so date?

ajay kumar mishra   12 February 2012 at 19:26

Dissolution of marriage

If a shia female muslim marry a sunni male muslim
its a arrange marriage
but after sometime marriage get dissolves
which law will prevail..??
Shia Law or Sunni Law..??
give answer authoritative .

Nirupom Dutta   12 February 2012 at 19:05

Permanent maintenance

Please give your valuable suggestions on following matters:-
Husband was filled a divorce petition against his wife in family of one district but his wife residing at another district and during the pendency of the divorce case wife filled a maintenance case against her husband U/S 125 of Cr.P.C where she resides, (at another District) about 2 years ago and in this case by a order of magistrate husband has been paying monthly interim maintenance , but now in the month of January 2012 the family court as mentioned above by its judgment dissolved the marriage and also ordered the husband to pay a permanent maintenance to his wife .Now husband wish to cancel the interim maintenance as he is now paying permanent monthly maintenance to his wife by depositing the same in the Family court. My quarries are:-
1 will it be possible by filling a petition u/s 127(2) of Cr.P.C
2 “wife cannot be maintain twice” please provide me with some citation on above matter.

Ranganath   12 February 2012 at 17:47

Exparte order not yet passed

Advocates,


Family court has set wife exparte but order is not yet paased in the divorce proceeding initiated by husband. The case is adjourned for perusal of records and order. Is it possible for her to enter appearance and seek setting aside of the exparte order.

Thanks in advance.