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Anonymous   02 July 2011 at 10:04

Should I withdraw RCR in to fight Annulment case?

-Wife filed for annulment/divorce on ground of husband's alleged impotency one month after marriage.
-After wife filed for annulment, husband filed RCR but before receiving notice on annulment petition from court.
-The family court counseling, mediation and lok-adalth failed.
-The case has been posted for evidence on next date.
-Now, 2 yrs has been passed, I want to file for divorce on mental cruelty if she either not ask for my medical checkup or test results comes in my favour.
-So, on next date, if i withdraw RCR, will it create any adverse result on my side?

-What is the best strategy to get divorce on mental cruelty and 2yrs separation on the given below situations?

a) she does not file application for my medical checkup

b) she moves application for my medical checkup and the test result comes in my favour.

-Should I withdraw RCR for the above relief? If yes, at what time should I withdraw RCR? Please help.

Anonymous   02 July 2011 at 09:56

Mutual Consent Divorce

Dear All

Please tell me that in mutual consent divorce where first motion is granted on grounds that husband will give a residential property to wife in the name of her n 2 children. Now husband wants to give the same house to all 3 of them where they were living together. What would be accepted by court, registered gift deed in the name of 3 or relinquishment deed in their name?

Does it need to be registered before the second motion or can be later also to ensure the wife does not move back.
Pls answer my second question also...

Anonymous   02 July 2011 at 09:18

Domestic violence, 498a

Dear All need urgent suggestion,

Daughter in law is not staying with us from the last 1 year (and has taken 2 1/2 year son with her to her parents house and staying with them) and is not willing to resume her married responsibilities.

They have sent a word through one common friend that either take the girl back or pay 10 lacs to them. In this case we have never once said that we won't be taking the girl back as we have never sent her back to her family. On pretext of spending a week with her family she has gone to her parents place. Which we conveyed the same to the mediocre family as the question does not arise of paying money when we haven't sent her to her family home. During this she once came to our place to collect her gold set from our place along with one local mahilla mandal member. She herself is not willing to come back and resume her responsibilities. Her parents are also supporting her in this.

We have never said anything to her and never asked any money/dowry from her. We are educated middle class family. We are staying in Mother's house gifted to her by her mother. There is mother in law, 2 sister in laws (both unmarried).

Kindly suggest what sort of dv case she can put on us as we are in a fix and how we can save ourselves.

(Please note the house is mother in law's and its gifted to her by her mother and not of daughter in law's).

Also i'm concern whether she can put false case on my unmarried daughters as both are of marriage able age now.

Regards,

mohit kumar bhati   02 July 2011 at 00:10

urgent----daughters right in father's property

Respected Seniors & Experts, i hereby put a case in front of you people & demand an opinion on this ............

Mr.Chunniram bhati has one son named bhairaram & mr. bhairaram has two sons named dhuraram n pannaram ,now these two peoples dhuraram & pannaram has made their dividation of land accordingly n made their documents called pattas accordingly by showing the original property purchase document by mr. chunniram on the year 1960.

now this Mr. dhuraram has 3 sons & 4 daughters......
1)bhanwarlal-(adopted by mr. shankarla)
2)kishori lal (expired in childhood)
3)sohan devi-(well married have 1 son &1 daughter but suddenly husband became mad so divorced & married again to husband of choti devi & well settled)
4)choti devi-(Expired but have two sons)
5)jethi devi-(well married & settled with her childrens recently became widow
6)madan mohan bhati(have two sons)
7)saroj devi-(married was well settles but suddenly her husband sold all their properties & started living with mr.dhuraram from past 9 years n still in the home living in a part of land with her 3 sons & 1 daughter)

>>>now you please suggest that as mr. dhuraram has expired n his wife mrs.saudra devi has also expired will their daughter or any of their heirs will get share in the property as still they are married & well settled??????

>>>again as mr.madan mohan is in possesion of the house build up on the land & saroj devi is living up on the open land of the property so if mr. madan mohan locks up the house & go somewhere ..can mrs.saroj devi or any of his family member can break the lock & can prove their possession??????????

>>>mr.madan as the only son of mr. dhuraram doesn't want to give any share to his sisters on the fact as they are well setlled...can he do so if yes than how?????

the above said propert is situated in the city of bikaner in the state of rajasthan....
i hope i will get the earlisert reply to this query.....

Anonymous   01 July 2011 at 23:27

Husbands Payment Proof

I have lodged a petition of Maintenance against my husband who is an Assistant Clerk at Education Dept. Jharkhand Govt. After 6th Pay Commission, his actual salary is more than 20,000/-pm and his widowed mother also gets pension from the same Dept.(as my late father-in-law was also a teacher in Jharkhand Govt.).
But my husband has stated in his defending statement that his mother does not get any pension and his salry is Rs.900-0/- only.
In this scenario, how me/my lawyer/court will know his salary? What is the provision by which my lawyer/family court can know the exact detail of earnings for both husband & mother-in-law?

sibasish pattanayak   01 July 2011 at 23:11

protection of women from domestic violence act

dear experts,
any body can posting the total number of judgement passed by honourable high courts & apex court in india?
regards,
sibasish pattanayak,Advocate.
09874854594.

Anonymous   01 July 2011 at 18:04

Divorce

Dear All,

please give me a judgment on divorce petition filed by husband u/s 13 of hindu marriage Act on the ground of venereal disease...

Anonymous   01 July 2011 at 16:30

succession and inheritence

A lady(SBP) made a will in 1973 saying that if she dies before her husband (KNP)then all her property goes to her husband. She states that the property was purchased by her husband from his earnings but registered in her name. She further states that "when both of us are dead the property will be divided amongst my daughter and her children - two sons and a daughter. When the daughter gets married she will have no right on any of the propert but will get a fixed sum of Rs 10000/- "
KNP died in April 1978
SBP died in April 1990

The questions I have are -
a) KNP the husband dies BEFORE SBP without leaving a will . Does the will made by SBP have validity in this case as the will says that in case SBP dies before KNP then ....?
b) Does The lady SBP have the right to make a will as the property in question is not self acquired as per her own declaration in the will and the fact that she had no income of her own?
What would be the share of TPB,ABJ,SUR,MON
The only survovours were :-
AB , married daughter of KNP & SBP,
TPB husband of AB
ABJ Son of TPB and AB
SUR Son of TPB and AB
MON married daughter of TPB and AB
AB expired in June 1992
No partitioning has yet been done.
The situation relates to a hindu family in India.

Anonymous   01 July 2011 at 14:58

succession certificate

sir,
my father had 2 wives i am from 2 wife.my father died in 1982.1 was 7 yrs at that time.after my fathers death my step brother used to look after the property.now how can i get the succesion certificate.what documents wll be needed for application of certificate

Anonymous   01 July 2011 at 02:52

Regarding Daughter's claim in ancesral property

Dear all the experts,

My query is according to daughter's equal rights in ancestral properties.Sometimes we get the scenarios in the community that woman X is well settled. She and her husband is pension holder. Her sons, daughter in law and grandsons are in high position in top Companies having monthly salary take home as in lakhs.They each have at least 2-3 properties in metro city.
But In similar way the brother Y of X woman is not financially stable whatever asset he has is the property left by his ancestors (land). Things including court cases and court matters regarding the property are fought by her brother Y and his children. All the property related taxes are filled by her brother from so many years. Brother and his children scarify their life to maintain the property and fought for the property. Brother won the court cases against the oppositions and now think to sell the property for his daughter's marriage, sister X is in good relation with (Y)don’t want to claim her brother stating orally that she is satisfied woman and ready to give NOC. what steps we need to conduct to have NOC from her?

But if daughter(X) want to claim on property will she claim?

Infect there is authorized document released by widow mother of(X and Y) 68 years back that the whole property belongs to her son(Y); Daughter(X)'s name is not mentioned in the document. will it shows that property belongs to son? Please revert me for clerification.