Tarun
13 July 2011 at 19:40
Respected Sir/ Madam,
My brother was a Bachelor and he expired in 2004. He left behind a handwritten WILL.
When he made the WILL in 1994 he made it in the favour of his 2 nephews in the presence of witnesses.
After that he had a change of heart and he made changes in the same WILL by scratching of the above names and adding the names of his other Niece and Nephew.
But this change did not happen in the presence of any witness but self attested by him in 2002.
My query is whether this WILL has any significance and Validity and can it be challenged in the court for invalidation.
If yes then what are the chances of it to be Invalid.
Thanks and Regards,
Pahlaj.
Anonymous
13 July 2011 at 18:08
I have a moot-court competition where I've been given this family law case and I have to prepare an argument in favour of Rahul Raj. The case is as follows:
Rahul Raj and Meenakshi were married to each other by their parents on 26.06.2005 in Sangli
District of Maharashtra. Their families had arranged their marriage without consulting them.
Saptapadi and other rituals were performed according to their custom. The two were happy with
their marriage, and were compatible with one another.
On 23.04.2007, when Meenakshi was 16 years old, they had a son, loved and cherished by both.
In January 2008, Rahul realised that his income was not sufficient for a comfortable living,
decided to move to Pune in search of a better life. Meenakshi also agreed for this arrangement.
While leaving, Rahul promised Meenakshi that he would make proper arrangements in the city
for her and their son, and move them to Pune within a year.
While in Pune, he fell in love with Anjali, his colleague at work. He took legal advice, and sent
on 15 July 2009 to Meenakshi a letter stating that he was married when under-age, did not wish
to continue with the marriage, and hence avoided the marriage by the letter. He suggested in the
letter that he is in a position to take care of their son, if Meenakshi finds it difficult to do so.
Three months after sending the letter, he completed 21, and married Anjali.
In December 2009, Meenakshi approached the Family Court of Satara seeking restitution of
conjugal rights. She stated that she wished to continue her marriage and ensure that their son
grows up with his biological parents.
Rahul appeared in the proceedings and sought dismissal of the petition because they were no
longer husband and wife. He also applied for custody of their son.
In July 2010, he also filed in the same Court a suit for declaration that Meenakshi was not his
wife. He filed this suit under section 34 of the Specific Relief Act. He did not file a petition for
nullity under the Prohibition of Child Marriage Act 2006.
The petition and the suit are kept for final hearing. The Family Court of Satara has jurisdiction to
hear both matters. Argue for (i) Meenakshi and (ii) Rahul.
My query is.. How important is the letter that Rahul writes to Meenakshi stating that he was married when under-age and did not wish to continue with the marriage?? Is the letter legally binding even though Rahul was a minor when he sent it??
Another query is...Why did he file his suit under Specific relief Act and not under section 3 of Prohibition Of child marriage Act,2006?
Anonymous
13 July 2011 at 17:57
Dear Expert,
1) if a Muslim male dies intestate, to whom his property will go?
2) on what proportion?
3) under which ACt and section?
4) what will be the consequences if the male Muslim belongs to Shia or Sunni Community?
5)What will be the status of Woman if muslim male dies intestate?
6) and What will be the proportion if he has two wives and their respective children?
kindly advice me.
Thanks in advance.
Sunil
13 July 2011 at 17:21
SIR I have got divorce from my wife June 2011, with mutual consent 13 B, problem is that my parents know about this but her don’t know. She is living separately, but i have doubt when her parents will be informed, they could harm me and my family what should I do? Please help me.
V. Rajendran
13 July 2011 at 17:11
I require a model letter of notice to a spouse before initiating divorce procedure. This letter of notice is required to call upon the spouse to come back and live with the other to lead a cardial life.
Anonymous
13 July 2011 at 16:32
Hi,
Need a legal suggestion from experts on this. My sister got married in last month. She was staying with her husband since then. But within a month she got bitten up from her husband so much that she got inner injuries. He is kind of angry person who immediately get angry on small small things. Now she is with me, and i want teach her husband a lesson. Please let me know what i should do legally?
Thanx in advance...
Anonymous
13 July 2011 at 13:32
Hi All, Need your guidance, actually i m a muslim boy and loves a hindu girl we both are 25 years old and enough maturd and ready to marry with each other Currently we both are working in MNCs n our econmcl condition is good to survive our life after marriage .We both told to our families about this relation .....my family is ready but her family is not ready so we have decided to marry under specil marriage act as we both don't wnt to chnage our religion and respect each other's religion.....Now the problem is that her father have given threat us that he will kill us...and he will sent my family into jail .please suggest what can we do for our protection....we both belongs to Meerut nd her father is lawyer and has good admnstrativ power.
guestneedhelp
13 July 2011 at 12:47
Dear Experts,
I value your opinion as you have helped me in my previous queries.
Iam a divorcee.
My question is whether a divorced wife can get alimony under Section 24 of Hindu Marriage Act?
If yes,please give citation.Urgent.
thanking you in advance.
Anonymous
13 July 2011 at 12:35
My divorce case is in Calcutta high court. As per my lawyers, the 2 judges have almost made up their minds on going ahead and granting divorce on grounds of cruelty, after all evidences are provided to the court (including 498A done by my wife).
Now, along with the divorce, the judges wants to suo motto and order me to provide a onetime amount for the child (my daughter, who is 6 years old i and in class 1)for her upbringing who will stay with her mother (my wife), though my wife in her application has not asked for anything.
My wife is very well employed and highly paid, so she is not eligible for any compensation.
The court on asking my wife, how much she thinks is justified, she claimed an absured amount of 40 lakhs. Though the judges dismissed this figure, they insisted my lawyers and her's to settle this amount by mutual discussion. On repeated parleys by my lawyer with her's, now she is asking 25 lakhs.
Neither of these is something which I can pay. I have told the court that the maximum I can pay is 8 lakhs. My lawyers have told the judges that let the court decide a fair amount, since the absurd amount claimed by my wife can't be met my me. Outside court discussions makes no sense. But it seems that the judges are are also not clear on what the figure should be and didnot take a position.
The judges gave the next date on 14th, which is this Thursday. As per my lawyer, its highly likely the order is given on this day, but again there are chances that its postponed by the court by another date.
I have even said to the court that if my wife is finding it so difficult to raise my daughter without 25 lacs, let the court give the custody to me and I will raise her up without any compensation or aid from my wife.
My question is, aren't there any scienfic method of calculating the compensation (one-time) which the judges can apply and come to a reasonable figure?
In this situation, what should me and my lawyers do?
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Memorandum of understanding
I and my wife have arrived a memo of understanding and asking for divorce under desertion by my wife... I would like to know that if both me and my wife sign the memo and divorce is granted on desertion...... will my wife be able to appeal this at a later stage say after 3 months if she changes her mind?
If i get the same under 13 B is it also appealable? do I have to wait for 6 Months for 13B divorce?