Anonymous
05 April 2011 at 21:25
dear sir,
we are a family of four brothers and three sister.
my father expired in the yr 1983, the probate of the will was obtained in 1986, and in the year 1999 the house where we currently live was transferred from my fathers huf to his four sons and my mother, this was done because in the will my father had written that his daughters dont have CLAIM INTREST AND SHARE in his estates in the property(also he had mentioned in the will that he would like to give his 1/6th share in the property to four of his sons). also we had orally partitioned in the year 1999 (we have no papers supporting the same) our house and place where each member would stay though there are no walls supporting the same
now my sisters are threatening to claim their right in the said property because of the amendment in the year 2005, can they do it ?
kindly help as we dont not want them to claim their right
thank you
also please note the property in question was given to my father's huf via will by my grand father
Anonymous
05 April 2011 at 19:19
I was challenging the lower court family court order for interim maintenance of 25000 per month with the high court and meanwhile i didn't attend the family court . And today was the high court order date and said that the pune case of mine for RCR has been dismissed so this appeal is also disposed.
What about the interim order as RCR is dismissed in the lower court and also can i restore the RCR. I think non availability for 2 months has made the case dismissed.
dipankar
05 April 2011 at 12:21
Dear experts, I have frequently guided by you people to lodge a police complaint.My case goes like this:
I secretely married with a girl.We both are hindus and were adults at the time of marriage.My marriage was not registered.though as proofs of marriage I have got marriage photo with negative,priests certificate,witnesses.Now her parents are against our marriage and they are trying to remarry her.She has also taken her parents side willingly or unwillingly.I have already lodged Restitution of conjugal rights under Sec.9 of Hindu Marriage Act. But they did not appear in subsequent dates.I am trying to lodge Injunction Suit.Now my Question is whether I can do police complaint even when my wife is not on my side.?Can I lodge any criminal cases as I am suffering from huge mental tension due to all this.Please answer to both of my questions.
dipankar
05 April 2011 at 10:50
I SECRETELY MARRIED IN A TEMPLE ACCORDING TO HINDU RITES AND CUSTOMS WITH AN ADULT HINDU GIRL.NOW MY INLAWS ARE AGAINST THIS MARRIAGE AND THEY ARE TRYING TO REMARRY HER.NOW MY MARRIAGE WAS NOT REGISTERED.NOW MY QUESTION IS CAN I FILE INJUNCTION SUIT EVEN IF MY MARRIAGE IS NOT REGISTERTED.BUT AS PROOFS OF MARRIAGE I HAVE GOT PRIESTS CERTIFICATE ,MARRIAGE PHOTO AND WITNESSES.KINDLY GUIDE CAN I GO FOR INJUNCTION SUIT.
Anonymous
05 April 2011 at 08:10
Hi All,
Order was passed by the Family court in the favour of wife and minor daughter 3000+2000. without going through the evidence that wife is a self employed lady running own beauty parlor cum butique and earning 8000PM. on the other hand husband is just completed his study(LLB)(admit card for last exam appearance submitted)
Can we appeal for revision in high court?
If yes, till which date as the order passed on 02/04/2011.
Do we have to pay interim maintinance on the next date which is given by family court if we appeal?
If any format for Appeal and any citation from supreme court provided then would be obliged.
Please help.
Anonymous
05 April 2011 at 01:00
Dear Lawyers,
What impact will the inconsistent stand in civil and criminal proceeding have on the civil proceeding.
Suppose in the criminal complaint wife alleges that her husband had dropped her in her parents house and refused to take back for want to money.
On the other hand before the family court it is averred in her petition that wife left the matrimonial home along with her father to attend a family function. Wife is also claiming restoration of her articles while there is clear admission before police that all her articles are already taken away by her. Wife also denaies solemnization of marriage itself while there is an admission in her criminal complaint that the marriage was performed as per hindu rites.
How much of this inconsistent stand in civil and criminal cases be helpful to claim that the wife's case before family court is malafide and setting out an inconsistent case.
kindly clarify.
Anonymous
05 April 2011 at 00:34
My father owned a house at Delhi. Just before death, he created HUF in his name by signing a declaration before notary public & transferred his self acquired house in to HUF property. As he was the owner & karta, the house remained in his name. He expired in 2004. No action was taken by successors thereafter. Now as on his death karta has changed, whether the property title has to be changed or the same shall be carried as HUF property
Regards - Jitander Khattar
ramababu
04 April 2011 at 23:53
sir,
wife eloped of fifteen tolas and returned to her parents after 4 months. i'wm not willing to accept her anymore.I want divorce sans maintenance.
in previous mail i mentioned completely about my history of martial life.
she is not willing for MD and now also alleges that i'am not fit for S** life, this she is saying after getting abortion for 3 times in 4 years with me(i think so as the case is eloped otherwise).
my Q'tion is under what sections i can file divorce amd when. as it is now 5th month that she is away from me after eloping is there any minimum period that i have to wait.
sir,
just some one let me know please to find out what will be my responsibilities and consequences of CD if at all i want to file one.
or is there any other method of divorce with which i will not be liable in any way whatever, as she has ditched me and completely failed to fulfill the marriage promises.
Anonymous
04 April 2011 at 23:30
We married in May, 08, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29th august, 09 and staying with her parents. She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006. Her father is well connected with the lawyers as well as political personals. We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them. Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same. Earlier she was admitted an asylum (mental hospital) as she stated before marriage,
I am trying hard to find out the institute. After releasing from jail she has changed her name. Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me. Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.
Measures I have taken:
1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.
2. Already I sent her 03 nos letters with AD asking her to come back and join with us.
3. I have kept all the soft copy as well as print copy of her fabricated sms.
4. Some telecon had been recorded.
5. Written a letter to Local police stating all her behavior but yet to be send.
6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.
7. Already discussed the matter with some good friend to be aware them for the upcoming case.
Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me. Thanks S.B......
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access for child under hindu marriage act
sir
can any party file application for access for child in the proceeding u/sec 9 of Hindu Marriage Act and What is the section?