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Ashu   14 August 2018 at 15:27

Distribution of father's property and his liabilities.

Dear Sir
मै आशीष कुमार, मेरे पिताजी बैंक अधिकारी थे, उनकी दो शादियां हुई जिसमें से पहली बीबी की मृत्यु हो गई, पहली बीबी से तीन संतान (मैं और मेरी दो बहनें) दूसरी बीबी (मेरी सौतेली माँ) से चार बेटे और एक बेटी हैं, मेरे पिता जी का देहांत हो गया, उन्होंने मुझे अपने ग्रेच्युटी में 50% और PF में 100% nominee बनाया था, जिसको बैंक ने मुझे उनके housing loan, car loan and other loans का amount deduct कर के payment किया।
अब मेरी माँ (step mother) और उनका बड़ा लड़का वो घर बेच रहे हैं (मेरी बिना जानकारी के)।2lakhs का agreement भी किसी property dealer से कर चुके हैं। जब मैंने इसके बारे में पूछा तो वे लोग मुझे जान से मारने की धमकी देने लगे।

मेरा प्रश्न है कि-

क्या मेरा उस घर और कार पर पूर्ण अधिकार है। इसके लिए मैं दावा कर सकता हूँ?

Please guide me..
Thank you sir.

Saira Banu   14 August 2018 at 09:37

Wife seeking divorce

Muslim wife left 2 kids 10 and 12 yrs old and ran away taking all jewels and her certificates to her parents home in 2010. Husband was living with wife and 2 kids for 15 years abroad and had no job after returning from abroad and was forced to take care of the 2 kids without job. Husband married another woman to take care of the kids after the kids pleaded their mother to return and informed her that father will marry if she doesnt return. Husband's mother and friends helped in educating his children and has a huge debt to pay them. Wife filed for divorce in 2016 to marry her lover. Currently in the Draft Issues stage in court. Wife working in school since 2010 and enjoying her life alone. Husband wants ACCOUNTABILITY on the part of wife for neglecting the kids future, dessertion, cruelty, failing in matrimonial duties towards husband and kids etc. Husband is willing to give divorce on following conditions:
1. Return the husband's jewels given at the time of marriage
2. Pay the school fees of children from 2010 to 2018 or Disown the children if not willing to pay
3. Wife's father to pay back loan given by husband's mother for the wife's neice marriage.

Husband hopes for a judgement keeping in view whether his kids should be married if the judgement will favour the wife without making her accountable. What will be the judge's decision if the husband does not sign the divorce if the conditions above are not met.

Please advise.

Manikandan   13 August 2018 at 22:25

Register marriage

I am a widower and I would like to marry divorcee.We have proper document but both family not accept our decision. So we would like to do our marriage in temple and Register our marriage. Unfortunately no temple was accept to do marriage inside temple. I have approach some agent. They were asked more money. So please help me.

Shiv Gawale   13 August 2018 at 21:43

Guideline regarding 498a

Sir,
Me & my wife stay separately from last 7 years. In between she had filed dowry case (498A) in May 2016. Till date I have not received any type of samans, my lawyer told me about this case but my lawyer got information not on time. In between court decide a judgment against me & my family members on the basis of several reminders from court but no response from our side so, court order to arrest me and my family members. Actually I have not received samans or any type information regarding this case it may be intestinally hide by my wife & her lawyer.
As per my lawyer said me regarding this case I have filed reconsideration appeal (397) with reference to Supreme Court appeal no. 1265/2017 Rajendra Sharma vs Utter pardesh regarding guideline and misuse of 498A. But honorable court refuse my appeal, reason is no such type of guideline received as on date and reference case of Chandra dev vs prakash chadra \ghosh A.I.R. 1963 S.C. 1430 and Nageshwar Tiwari A.I.R. 2010 S.C. 2261 honorable high court matter is “where there was prima facie evidence. The Magistrate was bound to issue process and even though the person charged of an offence in the complaint might have a defense, the matter has to be left to be decided by an appropriate forum at an appropriate stage. It was further held that the issue of process can be refused only when the Magistrate finds that the evidence led by the complainant is self contradictory or intrinsically untrustworthy”.
My query is Can without any evidence filed 498A and what is the procedure of close down this case?
On my knowledge any type of order by Honorable Supreme Court to follow all the court for the date of judgment or order so, why family court not follows the guideline of Honorable Supreme Court in this case?
What is the revision procedure filed in session court?
Also guide me on what basis I have go to high court?

Dharmesh   13 August 2018 at 13:52

498a

Hi ..My case is going in Vadodara since 2015 for 498a and DV.

Can i apply for Quashing of 498a and DV .

Thanks
Dharmesh

Anonymous   13 August 2018 at 06:47

Plan to cancel marriage after engagement

Hello Sir, I'm the groom.
Few months back my parents found a bride in Matrimony portal on January 2018 [resident of Bangalore, & origin is Tamil].
Our engagement happened on April 2018. [We wanted a family girl who doesn't work. Luckily she was 1 year free after completing her graduation and was jobless.]


Some background History :
From the beginning [till engagement] the father of the bride was not actively speaking with my parents or me.
Only her mother used to interact. She speaks to me over the phone often [Takes more time than Bride over phone].
I respect my elders, so I can't cut the call abruptly, so , I kept listening to all her conversations.
But, She always speaks bad about her Husband's family. How they tortured her. How they tried to stop her marriage.
She always praises about erself on how as a single woman she brought up her daughter.

One fine day before engagement the below conversation happened :
Bride's Mom : I want my daughter to work. She doesn't have value for work & money.
Me : We wanted a girl who doesn't work and take care of family very well.
Bride's Mom : Yes. I know. But, she should understand the importance of money and how difficult it is outside.
Also, she wants to clear her education loan by herself.
Me : She graduated a year back. Why she hasn't found a job all these time.
Bride's Mom : According to her horoscope her time is not good. Now she has good time to get even a stable Govt. Jobs as well.
Me : But Aunty, I don't want my wife to work. Are you asking her to work for educational loan alone ? If so i can take care of the loan.
Bride's Mom : No no. It will be very bad for me to put the loan on groom, I will never do that. I asked you only for her to realize the importance of money.
And the hardships we face to earn it. If you are not happy let's leave this topic.

After Engagement [Father started to get along well after engagement] :
My Fiance suddenly calls me and say's, I need to work. I got a notice. To pay educational loan.
I asked, we agreed that you won't work right ? Why suddenly you are changing the plan ?
She said, even you agreed to pay the educational loan.
I was confused. I'm in middle of office work and she was very nervous.
I don't remember signing a stamp paper to anyone that I'll bear it.
Still, I'm kind hearted. I asked her to calm down and said, "Please ask you parents to pay minimum emi at least. After marriage I'll pay the balance.
I never refused. I just told, I can't give you any money before marriage. My parents won't be happy. After , marriage I'll pay it.
She was blackmailing, If you trust me then pay now. Else police will catch me. I need to goto work.
I directly told, Inform my parents about this.

After a while, her father called me. Asking that i only agreed to pay the loan. And conversation went on This way.

From this day my life is messed up. I was called as cheater and faker for not paying the loan. They have our gold ornaments worth 1.5 Lakhs [that we gave for engagement] and still call me as cheater.
From that date till now lot's of cheap things they started to do. Lot's of meaningless arguments. I can't resist. They try to pull my mount. They Irritate me during sleep.

I NEED AN EXPERT ADVISE HERE.
I HAVE MANY MORE DATA TO ADD BUT THE DATA IS SOO HUGE THAT ILL END UP WRITTING A LITTLE BOOK IN THIS PORTAL

Please help me in correct direction. What they can do next. How I can protect myself from these kind of scams.

Anonymous   12 August 2018 at 00:57

to whom go all this property

all property are owned by grand mother & grand father and if they died then it goes to my fathers name if father also died before grand father & grand mother & my grand father brothers are there then the all property goes to whom grand father brothers or grand son

Anonymous   11 August 2018 at 09:51

Streedhan

Mere sass Sasur Bahutu he lalchi air Gaali galoch karne vaale log hain. Meri love marriage hui thi isiliye ye Sab mujhe pta nahi tha. Unki demands shaadi ke baad na maanne per unhone mere aur mere pati ke saath bhi galat vavyhaar karne lagge. Mere pati ko peeta aur hume ghar se nikal jaane ko kaha. Mera saara streedhan bhi unhi ke papas hain jaise meri ghar we chadha hua samaan mujhe aur mere pati ko aur mere sasural we Chadha Hua samaan aur muh dikhaike paise vagera. Ab voh humee streedhan nahi de rahe hain unke parivaar vaalo ke bhi samjhane ke baad. Unhone apni factory se mere husband ko bhi nikal diya hain. So ab humme Kay karna chahiye . Court mein case karenge toh kaafi samay lag jaayega. Kya police ya poor women cell isme madat karte hain

seek_clarity   10 August 2018 at 17:57

Can i file defamation case for false divorce petition?

Hi,
My husband has filed a false divorce case against me. I do not wish to file 498A, but may file DV later. So that's not my doubt.

My doubt is - If heinous prima facie false allegations are made against me in a Divorce petition then can I file for a civil defamation suit against my husband?

Anonymous   10 August 2018 at 17:15

Divorce

Hi . I and my husband live in Dubai separatly for 6 months . Wife has filed for divorce but my husband does not come for hearings. Should I apply a divorce case in India as husband is not willing to give divorce as we have 3 yr old son. Husband abuses verbally and physically. We are married for 10 years. Husband does not support financially aswell.