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Anonymous   07 July 2011 at 08:54

Marriage of a Non Resident Indian


Dear Experts, If a Non Resident Indian lady (holding citizenship of Malasia) desire to marry an Indian Citizen. Is this marriage possible,Can she Indian citizenship, what are the implications and which provisions of law the marriage can be Solomonised. (both the male and female are Hindus), what are the procedures to be followed under the law applicable.

Mohammad Yasin   06 July 2011 at 22:49

wife hiding at unknown place since seven months

I am 57 years old , Retired from a Bank in Dubai ,Muslim by birth , residing in Mumbai.I have two sons .1.Nasir aged 29 years with wife and two kids working in Dubai as a Bank officer.2.Sajid aged 25 years with his wife and one son residing in India in unknown place (hiding) , not proper working as he dreams for big money from odd sources. He is on Yahoo email , chat and mobile phone...After returning from Dubai (worked there for 30 years ) my wife aged 51 years stayibg in Mumbai in my flat in my name confortably.My son Sajid came to our flat with his family but when he saw us in better situation he and his wife planned to bankrupt us.They used my wife emotionally and made against me and tried to kill me on 05Dec2010 at 12.45 am while I was suffering from Typhiod and could not protect myself by their beatings and even could not shout or call any body to help me due to weakness and pressed my neck..They thought that I was going to die , all ran away with gold and money.They initiated false NC against me on 08Dec2010 at Kurla Police Station , however , police realized the truth upon cross examine and my sickness and they released me respectfully with warning to them.Despite I requested to come to matrimonial home and even Sr.Inspector supported to go back home but my wife did not agree and went to unknown place and disappeared without my permission and consent . She has given a signed note to Police that due to prolonged fighting she dont want to stay with me and want to stay with younger son.As they had intention to kill me for money and I did not know their hideout , I filed allegation on 23Dec2010 against cruelty in order to protect me and my interest.As I was in critical health , I tried my best to call her back to look after me but She told that She is waiting for my death and will come back to collect all my belongings upon my death.I requested via internet on Sajid s Id , sms , telephone calls but never responded.Even Police personals called them but they never cared or answered.I have all live evidences with me.Seven months passed she is run away and hiding to unknown place with son SAJID .She does not want divorce nor compromise but wants to keep me hanging and baseless blames.Now due to my age and care I want to get another marriage.As a muslim born if I do nikah then what she can do or create difficulties or claim on me? As she is not answering telephone call and missing how I can get Divorce?

Member (Account Deleted)   06 July 2011 at 22:18

SMOP reconcilation and Interim Maintenance

Sir,

I would like to know the best thing to handle this case. The husband is a christian and the wife is a hindu married in Kerala. Both of them belong to Tamil Nadu while the boy being 31 yrs and girl being 19 yrs at the marriage time.

After 1 year, they had a girl child and both of them departed, and after a few months, husband notified that the wife took all his jewels he presented to her and not living with him and he wants to live with her.

Actual thing is that he opts for dowry and tortures the girl everyday and she left from him. Now, he is demanding her to live with him for getting divorce and she started a Interim Maintenance.

What happens to this case? Will this be in favor of the girl or the boy? He also meets an accident and provides certificate that he cannot work any more with one broken leg. Is there a way for the girl to reach the truth and get MC? And, how to trace and ask a share of his property?

Whats the reasonbale amount that is foreseeon on this case?

Thanks.

MS   06 July 2011 at 17:10

Marriage Registration

Hi,
I got married in the year 1996 from Kanpur and currently staying in New Delhi. Can you please let me know how can get my marriage registered now and get a marraige certificate:

- What all documents are required?
- How much time this process will take?
- process?

Regards
MS

Anonymous   06 July 2011 at 13:31

HSA, 1956

IS COPARCENARY AND NOTIONAL PARTITION EXISTED IN MITAKSHARA AFTER AMENDMENT OF HSA, 2005? IF IT IS THEN DESCRIBE THROUGH EXAMPLE NOW HOW THE SUCCESSION AND NOTIONAL PARTITION TOOK PLACE?

Anita Singh   06 July 2011 at 13:11

how to file divorce petition

I am an advocate so pls guide me the procedure to file divorce petiotion and mainantence case on behalf of wife in Ulhasnagar chopra court can i file a dv case also for my client

Member (Account Deleted)   06 July 2011 at 10:42

Divorce Process--UGENT Advise

Dear Sir,

I have a quick question, During divorce process, and once the reconcilation fails between husband and wife, the next stage of evidence and witness starts.
IF Wife leaves the country and doesnot appear in court... Can Exparte be initiated by the Husband?

Here I am talking about my case wherein I filed for Divorce with my wife under Cruelty and desertion grounds...

Anonymous   06 July 2011 at 10:08

withdrawl of petition for judicial seperation

for some differences between husband and wife, husband applied for judicial seperation, with an intention that the family court will do counselling and bring the parties together again, since wife refusing to come for any compromise when elders requested her.
wife although received the summons did not appear in the court nor appointed an advocate to appear.
The family court granted judicial seperation ex parte.
It is more than 1 year now.
Since the judicial seperation did not serve the primary purpose for which it was sought, husband wants to withdraw the judicial seperation, and does not want to proceed to go for a divorce.
kindly help as to 1. can this judicial seperation be converted to restoration of conjugal rights or 2. should I withdraw the judicial seperation from the court. To withdraw what procedure to follow.

Anonymous   05 July 2011 at 23:03

HARRASHMENT BY BROTHER IN LAW, FATHER IN LAW AND WIFE

Dear All,

I am very nervous in life because of my family. i am from UP and i married in the yrs. 2005 in the village according to hindu culture. During the marriage my age was 19 Yrs and my wife's age is 23 Yrs. During the marriage many of the facts things is not disclosed by my father in law and his brother. they cheat with us even though when our family was not ready to marriage then they have started to blaming and forced to my parents for such marriage. after the marriage we are living seprate from each other since 7 yrs. because our "Gavna" is not happened. that was not done.

In between these yrs. when i said to my father in law to send my wife to our house then they refused with some personal reason this they do twice. due to this it takes 7 yrs.
now i m studying and working in a IT company. few yrs back i come to know that my wife have affair with a muslim guy and i found her many times with that person. when i complained about this to her family and her father then they are started blaming to me . that i m not a good guy. they are started to complaining to my parents about me that i m alcoholic, and smoker. which is not true.

then , when my parents said to send my wife to my house then the my wife she refused to live with me and his brother is supporting to her.

when i said that i want to speak with her then they are not going meet me and speak to the my wife. and my wife she is not interested to live with me. but now they are saying to take divorce but they are not coming ahead since 1 yrs. Now i dont have any legal document of marriage proof like wedding card, photo etc.
so i said to their family to go back UP to take divorce because our marriage is done in village.

but they are not agree to go back and now they are threatening to me, and when i am trying to talking then they are abusing me and my family.
but they are not coming ahead to give me divorce even i fear to know that they can file against me in police station for dowery and etc.
my brother in law and my wife are well educated and due to this they are not ready to listen any family person even they are saying that we are not going to file for divorce and we are not support to give any proof of marriage so that i can proceed ahead.

now in the my family my mother she is very old aged and no one is there to take care of her. Even i want to go for 2nd marriage.
but i m not getting divorce and any final decision from my wife.
some times i feel that my brother in law is forcing to my wife to give divorce but she is not coming ahead and due to this it take a long time and this creates tension in my parents mind . they are very much in tension. They dont want to go in the court and file for divorce even they are ready to
keep my wife.

Now i want a guide on such matters from your side:

1) I want to file for cheating against my wife , brother in law and father in law for cheating with me in marriage and doing such kind of marriage. age matters.

can i file ? if yes..how ...pls. suggest.


2) can i file against my wife and brother in law for harassment that not to take divorce and threating to us.


3) how i can file for divorce and get back my jewelery etc. because in the marriage we have given around 80000 rs. jwellery and now they are not returning it . Which cast now upto 2 lakhs rupees.


Pls. suggest how i can file my complaint and how i can take help of local police at first stage.


pls. help me i m in very tension i like to struggle in life for my future and not for such kind of future like my wife.





Anonymous   05 July 2011 at 22:42

Giving Dowry a Crime

Dear Expert,

Pls suggest me what kind of Punishment will be given for Dowry given, What is the process for getting him punished,
My cases:
Married in 2007
living seperate from last 3yrs No dowry was given at the time of marriage, Divorce case filled in 2009,
Maintances cases was filed 2008 later supressed by her
DV cases was filed on 2010
maintance cases was refilled in 2011,
Just to harresh me she is continuesly files cases and never it was been process, Making false claim there have given Dowry, What kind of cases or action i can take against them, pls guide me,,,,