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Anonymous   25 January 2012 at 22:53

Jurisdiction of court

The petitioner filed a case of Restitution of Conjugal rights in the Family court of the place where she is residing(under section 19 iii(a)of H M Act.But the respondent has contested about the jurisdiction of that court.Please give any case laws in support of the petitioners defence.

Anonymous   25 January 2012 at 22:14

Law of injunctions

sir thanks for reply. that injunction was filed by first husband to stop second marrige with me. his wife without giving divorce she married me by concealing her first marriage. as first husband came to know about her second marriage with me he approached Hon'ble III add junior civil court and obtained inunction order under order 39 rules 1 and 2 of cpc 151 to stop marriage untill further orders . those orders were served on them but they refused to take and married me. now my doubt is the second marriage which is performed during the susisting of injunction order is void under law. is it correct sir. plz provide any citation regarding it. sir i know that it is contempt of court but i want to know whether my marriage with that lady is validy or void under law when injunction order is in force they performed the marraigae na sir.

Anonymous   25 January 2012 at 21:02

Law of injunctions

filed a Suit in III additional junior civil court along with IA to stop marriage untill further orders. Court granted order according to
Order 39 rules 1 and 2 of cpc 151.
though injunction order was in force marriage was performed. that marriage is valid or void under law when injunction is in force?

bala   25 January 2012 at 14:24

Adaptation a child

I am mani from tamilnadu ( india ). I am married but I devoiced my wife by court. We don’t have a child to before devoice. My wife married second time after devoice, but I did not get second marriage. Now my ex-wife has one child.
I have one brother and two elder sister( totally four members ) . Now I want to adaptation a child and make legal an heir to my own sister daughter. If I get a legal heir by adaptation child she/ he get a share of all property.
Question’s:
1. What is the procedure of getting a adaptation child to me ?
2. I have my grandfather property also, she/he ( adaptation child ) get this property ?

Thanks ,

Shantanu Wavhal   25 January 2012 at 12:31

Interlocutary application ??

1) What is the difference betn -
Interlocutary Application &
Intermediate Application ??

2) Can IA s be filed on the date of hearing only / on any day betwn 2 hearings ??

My adv says - IA can be given only on date of hearing

P.C. Joshi   25 January 2012 at 11:39

Change/revocation of will

Dear Friends,

A man of aged about 70 years has made a will of his only immovable property in favour of his grandson who is a minor and the will has been regsitered. The will has a stipulation that the beneficiary can sell the said property only when he turns to 50 years.

Now the testator wants to give that property to his widowed daughter with an intention to enable her to sell the property if that be necessary to support her family.

Queries:

1. Can the testator revoke his earlier will . If yes what is the statutory requirement i.e. intimation to the registrar etc.

2. Can he gift the house to his daughter by way of transfer/conveyance deed instead of making a will and what will be the liability of stamp duty on gift.

3.If he decideds to make gift/ conveyance deed in favour of his daughter how the will earlier registered by him in favour of his grandson shall be revoked.

Views of the members are solicited.


Thanks & Regards

P.C. Joshi

Anonymous   25 January 2012 at 11:36

Consent to the marriage

My wife filed to nulification of our marriage that I was a fraud.She said that I told her that I was a master degree holder but i have never said.I am working in one institute but she said that i told her another institute's name and another course
She said that i told her and she believed.
how shall i disprove?
If the onus asks shall i neglect and say that i did not say.

mrs rupa   25 January 2012 at 11:18

Adoption of step child

Is it mandatory to adopt the step child by step father in order to protect child's rights?
What are the rights of a step child on step father?

Kanchan Madan   25 January 2012 at 11:15

Separation/divorce case

My son is separated from wife for the past 12 months.Judicial separation case was put by my son-Mediation failed in December .Wife has put only maintaince case. She is earning approx.45k per month,(net salary) Bank statment available.

What could be next. He wants divorce to get rid of her. Next hearing in February.The girl is not ready to divorce.
What could be next.

Sheetal Dedhia   25 January 2012 at 10:32

Offence for withdrawing consent?

On going divorce case is converted into MCD case and subsequently I withdraw my consent and deny for divorce as I don't want divorce to be done. I can withdraw my consent at any time before court decree.

My query is subsequent withdrawal of consent in this case attract any offence under any acts prevailing in India?

What consequences I have to suffer?

What consequences my family members have to suffer?

Is situation is differ if such acts done by husband instead of me?