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Anonymous   17 January 2012 at 17:56

Void and voidable

What is the difference between null and void and voidable marriage.

The nullification of marriage under sec25 of Special marriage act Null and void or Voidable ?
Pls reply me

Anonymous   17 January 2012 at 17:51

Sec.14 (1) (2) of the hindu succession act,

Dear Experts Good evining,

I have aone problem.

In the suit of maitenance a lower court has been awarded maintenace to wife. But there was a compramise in maintenance proceeding. The husband hasbeen ready to give the certain property of land in lue of maintenace, but there is a restricted clauses of transfer of property i.e. wife cannot transfer the property to any other. she can use the property only in hers life time for maintenance.

This compramise was in the 1980. through the Suit no 56/1980.

Now thw wife want to saale the property how she can do. there is any chances to succed.& under which title she can file suit.
please guidence on this point.

Thanks & Regards,
Mr. Nagesh Shinde

Anonymous   17 January 2012 at 16:24

Divorce

My brother want a divorce from her wife (his completed 4years of marriage with no kids)but she is not ready to divorce him and she is harassing him n my parents....there is no relation between my brother n her(means he doesn’t talk to her, he doesn’t want to see her face, they both sleep in separate rooms from past one year but still she wants to live in our house ?) and she is staying in our house without our permission n not ready to go to her parents house....(we can not do any thing cause if anything goes wrong then she can file a complain against my brother or parents...)
initially she harassed my brother very badly so now he doesn’t want to live with her n mentally also she is not well (in one mint she abuse my brother n next mint she ask for forgiveness)
And in this past 6months she has harassed my parents also very badly so no one want to keep relation with her but forcefully she is staying in our house….

Actually she wants money/property & the luxurious life from us and when we are asking her how much money you want you take it but just live my brother she is not ready to do that….

We don’t have hurry if she doesn’t want to divorce it’s ok for us but we don’t want to keep her on our house so is there is any low where we can give her notice n send her back at her parents place ?(her parents are very bad when we sent her to parents house in some days they took her n left at our place forcefully)
I want to know if we can file the case in court for divorce n send her notice that till the time case is going on she have to stay at her parents place n not with us….

Request you to help me out with some solution cause we are in very big trouble….

Feather in a cap 498A   17 January 2012 at 13:52

Clarification on jurisdiction

Dear Learned Members

Kindly advise,

Me and my wife were residing in Dehradun(Uttrakhand). Then things went wrong and she went to her parents home(Delhi) and gifted the 498A package to me and my family members. My query is

1-If we were living in Dehradun-Can she file a case against me in Delhi?

2-Now when she had filed 498A in Delhi is it possible to tranfer the case to Dehradun as she always take the pleasure to come to court but i am the one who took the pain travelling 300kms every time on court dates?

3- If yes(the case can be transferred) whats the process.

Anonymous   17 January 2012 at 12:42

How to avoid divorce

Hi All,
I have two children
1.Son (28 yrs) (BE) under temporary job
2.Daughter (25 yrs) (BE) Still job searching
I heard that never hide truth from lawyer & doctors
So first I’m honestly accepted that my daughter was highly stubborn, arrogant & foul mouthed since her childhood. Little bit immature too. She even not liked to house work as she was BE.
My relatives warned me to control her. My wife also tried to teach her. But I allow her to focus on BE study only. Now I admitted that why I had ignored them that time.
But any how she is my daughter… my blood. So I have always supported her under fatherhood love.
My daughter was married on 23 Jan 2011. Till marriage we have hide my daughter’s nature from boy’s family. Boy’s family have broke one engagement recently so they have not inquired us & about my daughter in details.
Boy is the only son and his sister got married. So well settled with own flat. So I was ready to miss this chance. He is working in private company.
I also have been under assumption that after marriage she will be behaves fine…. As what usually happen after marriage. If something weird happened I will support her.
After marriage she behaved as expected and boy’s family informed us about her behavior. But I convinced them….. to give her bit time to manage in your family. They also agreed
In between 4 months passed. During this period there was lots of quarrels happened in both families. Some time her mother–in–law bit my daughter. After hearing that I warned them “not to dare this again”. My daughter always told us that she is not ready to stay with boy’s family. Her mother-in-law tells us to do house hold works. And blame me several times
In between they have registered their marriage on May 2011. Things are not come on track….. as I was expected.
In June 2011… My daughter called me after quarrels and she left her husband’s house with me. I also threat boy’s family. That I will not allow my daughter to stay with you. I warned them I will file a case against you. & I brought her in my home with her all Jewellaries & all her stuffs.

My daughter told me that boy is good but her Mother-in-law is not. So I warned his family to separate both from their parents.
Frankly speaking I was under assumption that Boy & family) will come back to me after some time and I will send my daughter that time. During this period my daughter will get time to search job in my house. So I have not logged any complain again her any way. Not yet.
But they not responded us…. not even call my daughter in last 6 months. So I tried to convinced them with my relatives to take my daughter back to your home otherwise I will file police complain or use 498(a). But they still not respond.
On calling boy’s father they give indication they ever not wish my daughter to come their home.
On calling boy… he told us that that his mental condition is not well he will not say anything on this. I threat him but nothing worth.
I heard from their relatives that they are ready for divorce. They however spread about my daughter nature all in our society.
1. Now he blame that my daughter ran away with her father with all gold. (true)
2. My daughter was not physically responding him several times. She was not slept with him on same bed. ( Absolutely not True as my daughter said)
3. My daughter not agreed to do house work (true)
4. She arrogantly responds us. She is foul mouthed. ( true)

My daughter still not ready to go to her Husband’s home. She is still searching job since last 6 months
But finally I convinced her to go to her Husband’s house & now she is ready to go but on condition that if Husband comes to bring her & she will not do any house work. She is ready to live with Boy only not with parents.
I told her first go to Husband’s home. Then we will try to separate parents after few months.
She agreed now…
But problem is they are not ready to take her back. Even my threat of 498(a) not makes effect on them.

Now on 23 Jan 2011, It will be complete 1 year of marriage. I have fear that they will ask for divorce after completion of 1 year.
All the way to do amicable is over now. Should I file 498(a) before they file any case?
Or Should I file any Police case on him.
My daughter now told me that…. Before 15 days of marriage boy’s made physical relationship with her. Can I use this to file “Boy attempt a rape on my daughter before marriage” ?
But actual they are not in intension to file case on us. They want mutual consent divorce.

My daughter told me that boy is good but her Mother-in-law is not
But I will not agree for any divorce anymore.
Me, my daughter, my family in depressed now as boy’s family has local political support to.
All my family is under pressure….. as my newly married daughter come back to my home. I have to
Marry my Son too.

Please let me know what to do? I can’t see my daughter life spoil in front of me.

Anonymous   17 January 2012 at 11:21

Continue of separated girl child

I am living in separation since long back 12yrs and after long back i have started the education of my daughter in MBA. in-laws agrees and after spending huge amount in the higher education she goes to college for few months (2.5 months) and then in-laws has stopped her to comming college and spoiling the education aswell as carrier too.

I want to continue the education of my daughter, is there any law to support her and continue her education in MBA.


harishkvyas@gmail.com waits immediately

Anonymous   16 January 2012 at 22:07

No dv if divorce happened?

Hello Experts / Lawyers,

Can any one provide a Judgment(s) where DV was Quashed or not Maintainable after Talaqnama Served/Sent by Muslim Husband to his Divorcee Wife?

What Judgments I can Use to Defend my Case?

Anonymous   16 January 2012 at 17:48

Adopting a british child

Dear Experts,

I am a 40year old married Hindu man( without any children of my own) who wants to adopt the daughter of my brother. She is 3years old.However she is a British citizen. She and her parents(i.e. my brother and his wife) are right now staying in India with me. My brother is a Indian Citizen while his wife is a British Citizen of Indian origin.

How should we go about the adoption. Do i and my wife have to go to UK or inform any agency there? Could u please tell me the detailed procedure to go about this? Is it as simple as just making an adoption deed?

Thank-you Experts

Anonymous   16 January 2012 at 14:13

Female changing name after marriage

Hi,
I recently got married. I was wondering if it is legally mandatory for me to change my name and take my name. If i chose not to change my name what legal complication can raise ?

I would like to retain the name i was born with for all legal & professional aspects.

Anonymous   16 January 2012 at 12:20

Absconding husband.since 2 years.

A girl ( now 21)of a domestic hand in our house was induced in marriage in a temple by a boy before two years and out of the said relations she gave birth to a babyboy (2+ now) now. The boy is absconding since two years and his whereabouts are not known. The girl has been driven out by parents and is staying with our family with child and is working and the child is in our care. She is not ready to wait any more.How to get divorce in absence of boy? We are ready to take care of child under adoption or guardianship. How to go about, pls guide.