Anonymous
22 September 2011 at 17:50
Counsels,
Husband filed IA to strikeout pleadings in wife's OP. Pending that IA wife filed another IA which was dismissed and on revision the order of lower court was up held with direction to expediously dispose of the main OP within 4 monhs. Parties were also asked to adjudicate their rights in the OP.
Now since the HC has directed to expediously dispose of the OP the family court judge is overlooking the pending IA filed by the husband and forcing the husband to go to trial. The judge says that she will consider IA on final disposal not before trial. The husband has filed IA and counter and written arguments were also filed. Pleadings are contradictory and causing prejudice but the family court judge is forcing the husband to go for trial.
Can the husband ask for transfer of the case from this court to another court on this ground. Unless the IA is disposed of the husband will be put to prejudice and harassment.
Kindly advise.
Anonymous
22 September 2011 at 17:49
Hi,
Myself Asghar Ali from Bangalore (India). I got married 2 years back and I have 10 months old daughter. My wife is staying at my house in my home town vellore along with my family. My family consist of My mother and brother and his family. Before marriage i confirmed that I'll keep my wife in bangalore along with me. After couple of months my wife got confirmation that shes expecting, due to that reason I couldn't bring her to bangalore. After delivery my kid was infant and due to cold climate I couldn't bring them here and clearly told these reasons to my inlaws. Recently my father in law passed away now monther in law is leading her own family.
I found a individual house to purchase. I was running short of jewels and thought of pledging my wife jewels. I informed my wife that I'll pledge her few jewels and I'll get that back within a year. She was find with that. The next day was our second year marriage anniversary. I've been to my in-laws house to meet them. Her uncle came along with 2 strange guys to discuss about jewels. They asked me under whos name I'm going to purchase this house and I told them that I'll purchase the house in brother's name who is legal guardian for me and whos the one who taken care of me after my father's death. They were not convinced with that and they told I should purchase the house with my wife's name because I'm using my wife's jewel to purchase this house. I was not happy with that and I told I'm not going to touch the jewel after this. I'll apply for loan and I'll purchase my own house (By Grace of God, my brother is earning much and he doesn't require house from my earning). It'll take 3 months to purchase the house my wife should be at my home along with my mom and family. They were not ready for that and they said my wife should be at my in-laws house until I purchase the house. I was told that my relations are telling that I have a illegal relationship with brothers wife and how can keep my wife in that house. I told when you guys are not trusting me I dont want to keep any relationship with you guys; however, they thought I said I dont want to keep relationship with my wife. Now they have given pettition for Khula (Devorce) in Jamat (Mosque) by stating I'm planning to buy house in brother's name by selling my wife's jewel and I said I dont want to keep any relationship with my wife. After that I tried negotiate with her uncle that I dont want jewel. I need my wife and my kid I'll take them to bangalore and I'll keep them in rented house but her uncle is not ready for that and he's not allowing me to talk with my wife and to see my daughter. Her uncle kept my wife and daughter in some unknown place. I've been to my inlaws house but the house locked. Her uncle not ready to tell where are they. My wife switched off her mobile. My wife doesn't support me and she always listen to her mom and uncle. In between I came to know that they are going to charge the false dowry case against me and my family, hence, I consult the lawyer and he said I should send the notice. I issued the lawyer notice to her and the copies were sent to women's police station, SP office and govt Secretariat by stating come back and live with me. I've clearly mentioned that they threat me that they have a good reputation in police and they'll charge the dowry case against me. Also I clearly mentioned come back and live with me. Recently I got reply to my legal notice by stating the I sold all my wife's jewel and I never gave food, shelter, medical and other basic requirements to my wife and daughter. I harrased my wife and I forced my inlaws to give me jewel and more money very frequently. My father in law expired because of this mental torcher. Now my inlaws are claiming that my wife is angry with my legal notice and she doesn't want to live with me any more. I'm in a confused stage and I dont know how to bring back my wife and also doesn't know will she be with me forever instead going back to her mom house again. Can anyone help me how to deal this. Thanks in advance!
juanita frank
22 September 2011 at 16:02
i have a 2nd marriage i have a daughter who is 16 yrs old .i would like to know about the rifhts of a step daughter over property and money matters
Anonymous
22 September 2011 at 13:33
What is the nature of Hindu Succession (Amendment) Act, 2005? Retrospective or prospective?
Whether any alienation made before 20.12.2004 is having no effect of the Hindu Succession (Amendment) Act, 2005?
Give me details about it.
Anonymous
22 September 2011 at 12:30
Can a muslim man remarry while still in the first marriage?
My first wife and i don't share anything in common. We are always fighting and can't see eye to eye.she is very arrogant abt her job and not all ready to adjust. she has made my life as well as my parents life hell.have been married for the last 8 months. She has stayed with me for a week only after marriage. now she is in her parents home. she is a state govt. employee. i told her to take divorce, but she is not ready for this. plz tell what options i have. Can i remarry widout leaving my first wife, as she is not willing to divorce me. we had a muslim arrange marriage.
what are the pros and cons of remarring? Please advice as my life has become hell. can't concentrate on my career as well.
Anonymous
22 September 2011 at 12:24
Hi,
One of my friend who had done registered marriage with a man , who has son of 14 yrs old and wife of 40 yrs old.
She had married with the document mentionign that his first wife doesn't have objection for his second marriage due to her health problems.
My friend live in abroad with her husband for the past 7years and now she had come with the following issues.
1. Is she marraige is legal?.
2. what about hers rights on the property owned by her husband?
3. what about his rights on her property owned by her?.
4. will his first wife still have rights and ask for property etc?.
note that this fellow was living with my friend for more than 7 years and has no relation with his first wife except taking care of their financial issues regularly.
pls. advice.
thanks,
krishna
Anonymous
22 September 2011 at 08:56
can somebody provide me details of concept of sharers residuary and distant kindered.its got to be very typical when share increase or decrease in muslim personal law.
Anonymous
22 September 2011 at 08:54
I am a male legally divorced with one son whose legal custody is with me. While searching for a suitable girl for my second marriage, I came across a lady who is legally divorced and issueless but she wants to adopt one son of her younger sister who is a widow with two sons.
Now as per Hindu adoption Act, I cannot adopt a male child since I am already having a son.
Now my query is that if she adopts her sister's son prior to our marriage, will that adopted child becomes my legal heir or not?
Soma
21 September 2011 at 23:14
A marriage was registered under special marriage act but parties never lived together for a single day. One year passed. Now they want to avoid the marriage.
What is the remedy?
Mutual divorce or any other remedy??
Can any senior guide??
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Hindu secession act
if any girl file a suit for declaration against his father for her share from ancestral property. her father execute aggrement to sell in February 2004. but later on her father denied and in whose favor execute aggrement to sell he filed suit for specific performance and Ld. Court decree the suit her father went in to appeal was also dissmissed the her father filed appeal in high court and grant stay to him.
In between she filed that suit for declaration for her share.
now my querry is that can suit for declaration maintain insted of suit for partition.
second query is that can she claim her share now because her father execute aggrement to sell before 20th Dec. 2004.