Brijesh Goyal
31 August 2011 at 22:33
Dear sir,
As my lawer says no need to present compromise u/s 24 (maintanance aske by wife )with divorce-HMA.
we have presented compromise u/s 498A&406,125 crpc and 13B.
-Then why not for u/s24,should it not be presented for safer side.
-u/s 125 crpc, why my lawer has not mentioned the word"for life" towards lumpsum maintanance/alimony mentioned in sec 125 crpc and 13B.for clearity.
pls advise.
thanks
Anonymous
31 August 2011 at 19:47
ALL RESPECTED MEMBERS OF THIS SOCIETY I WOULD LIKE TO DISCUSS THE FOLLOWING PROBLEM PLZ SUGGEST ME YOUR BEST OPINION.
A was married in the year in 1980. After giving birth of two daughters namely B & C his wife had died. A remarried with consent of his other family members and his second wife gave birth 3 daughters and all are minors till date. Marriage of B and C were arranged by her father. After marriage and before marriage both daughters are happy with their parents. After that B`s husband obtain fraudly signature of his wife`s father on blank paper because his father in law is very simple and uneducated and little-bit mental disturb. when B`s father came BACK his home he told the whole story to his brothers. he moved a application to S.P.(police) regarding the said incident.
after passing two days he executed a releases deed of his ancestral property in favor of his second wife for the wale-fare of his minor daughters and C has no objection regarding the said deed.
but when B came to know that her father executed a release deed in favor of her step-mother she challanged the said releases deed for the share 1/7 share.
now my question is that can is B entitled to get 1/7 share in ancestral property because she is not a coparcener now and her marrige also done much prior 2005 amendment in Hindu Succession Act 2005.
Or if she is not entitled plz tell me case law.
THANKU
Knowledge Gainer
31 August 2011 at 19:44
From the facebook husband came to know that his wife has an engagement. Wife who has filed divorce case against husband has uploaded her engagement photos on the facebook. Wife is under impression that she will definitely get divorce within one year so no question of going back to him and she can know the guy better after engagement till divorce and after divorce she can immediately marry that guy.
Husband's query is that mere engagement is crime? if yes than under which section and what remedy husband has?
Anonymous
31 August 2011 at 17:13
Dear Experts, While executing a registered Will, two witness sign the Will. After the death of testator if one or both the witness says that they have not signed the will. Then what will be the consequences.Whether the "WILL" will be treated as null and void?
Anonymous
31 August 2011 at 13:11
Hi
I would be thankful if you could advice me on this.
My sister was married to NRI and after that due to complications, the boy and his family left to Canada without informing us and leaving my sister behind. Before leaving, they have sent my sister to our place citing the reason that she is not keeping well.
Finally, we got ex-partee divorce and its now nearly an year of getting ex-partee. The party never appeared even after serving notices. We have boy's ex-company address as well as present company.
But I have heard that boy's family may challenge this ex-partee in high court. One year is nearly over for partee. What do you suggest could happen and what shall we do/
Advocate Abhijeet singh
31 August 2011 at 11:21
respected sir
tell me if a couple has been lived seprately seprate means wife at her mother home since last 3 years . if husband suit / filed divorce case then is wife can file 498a or not
Anonymous
31 August 2011 at 11:17
sir,
need valuable guidence from this forum.
situation - divorce case (u/s 13 of HMA) filed by husband in jan 2011 on his wife. wife has accepted the divorce in her application to honourable court. the case is staged at BAHAS (of advocates). verdict from court expected in next 10 days.
the question is
1. on the custody of child (06 years boy) - as to who (husband or wife) who will have custodial rights on the child - here pls note that husband has not yet made a claim on the child.
2. if in case the custody of the child is with mother, then is the husband (father of child) supposed to pay for the child's maintenance and if so on what basis this precedent will be set by the honourable court.
3. in this situation/standstill, can the husband ask for the custody of the child, if so under what rule and is there a age limit of the child to effect the decision by the honourable court.
kindly advise, looking forward to have guidence.
thanks again.
Anonymous
31 August 2011 at 10:51
My frnd's wife has gone to her parents home 4 months ago. Now she doesnt want to come to her husband's home because her parents married her in very low family. Now can my frnd divorce her? She is ready and doesnt want anything from her husband. They married in May 2010. Kindly guide me.
Anonymous
30 August 2011 at 23:41
dear members,
i need ur advice...
i bought a property for 2 cr ,that property belonged to suneel verma, who died and left a registered will in favour of his wife sunita verma, he also left behind 3 daughters and one son but he bequeathed all his property in favour of his wife through a registered will. the will was registered in year 1985.
Then all the children gave NOC in DDA for the mutation in name of the wife, and subsequently property was converted in freehold and then conveyance deed was executed in favour of wife and wife became the sole owner of property, i purchsed the proeprty from his wife thru a reg. sale deed in 2010.
but now one of the daughters have filed a partition suit in the court in 2011 and obtained an exparte status quo order on my property, and she had taken the plea that the NOC was not given by her , she only signed blank stamp papers and her mother converted them in to NOC , however she has admitted that she signed that stamp paper giving NOC,
the partition suit has been filed by the daughter only in respect of this property,
kindly suggest that can this stay order be vacated?
please quote relevant cases if possible
please note that will has not been probated as there is no requirement of probate in delhi....
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My rights
I am member of my joint family. The joint family consists of my grandfather, grandmother, father( being the eldest child ), mother, my younger sister+ 2 uncles ( younger to my father ) and 2 aunts - bua ( younger to my father, again - My father being the eldest). The entire business was handled by my father, uncles and Grandfather. My father expired in 1979. My chachi (married to my youngest uncle) expired in 1995 leaving behind my uncle and their three children. I got married in 1997 against the wishes of my family at the age of 19-1/2. My marriage was not accpeted by my family and I was not allowed to connect back inspite of my best effort. was Then my grandmother expired in 1997. Then my granfather expired in 2003 or 2004 ( I do not know as I was not informed).Then my elder aunt died in an accident and leaving behind her husband, 2 daughters. The my elder uncle
( middle one) also expired. He never married.
My uncle who is now the sole major male member of the family has old me that my grandfather had given everything to my cousin ( my uncle's son) by will.
My Grandfather owns quite some property, houses, agricultural land etc. My question is :
1) What is my right as a grandchild of my grandfather ?
2) I do not think that my grandfather would have left nothing for his granddaughter effectively meaning nothing for his eldest son.
3) I have now received summons relinquishing my rights for property of my uncle ( the middle one who did not marry).
Kindly guide me as to what will become of my mothers right and mine.