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Anonymous   04 December 2010 at 17:00

Counter claim in HMA cases is permissible or not

R/Members
My friend's wife has filed a petition us 9 of HMA now my friend wants to file divorce petition as counter claim in same petition us 9 of HMA,is it permissible,kindly suggest.Thanks

Anonymous   04 December 2010 at 13:35

Domestic Violence Case


Dear Sir
The case is purely of Joint family properties and Partition . Partition process of Arbitration is pending and going on - before the elders , there are written representations , claims and counter claims for only partition between the Widow of deceased son and his minor sons , another son and sister and mother - pending such partition process , a Domestic violence case can be filed by Widow and apparently for partition and share by widow and her minor sons - Whether the FJCM can enter in to the jurisdiction of a Civil nature claims for, partition otherwise-Jurisdiction of JFCM /Criminal Courts and Civil court for Partition suits- with reference to Proviso Sec 36 of DV Act. The DV Act is in addition to other Acts /Statutes not in derogation of other Acts / other substantive law/Statute . I request the learned friends to consider this point and to express their valuable view /opinions to have clear picture to me on the subject !

Thanks in advance !

Rakesh   04 December 2010 at 11:38

Reform of family law

I M doing LLM ,plz. give me a detail of "Reform of family law"
thanks.

Anonymous   04 December 2010 at 00:25

Iam afraid of false cases of dowry charges.

Its 6 months of my marriage, i have been deserted by my inlaws and husband on petty household fights,although iam ready to go back to my husband but my husband is not cooperating at all,he ignores my calls,emails and messages. I don't write abusive things,but request him to accept me back. RCR, reconciliation didn't work, so now i have filed a case for maintenance 125, but iam afraid my husband might inflict charges on me and can file false cases of cruelty,dowry harrasment on me & my family. The fact is i have never ever complained anything regarding dowry that my inlaws tortured me for dowry or something. I have filed a case that my inlaws had mentally tortured and illtreated me for household petty things.
But now iam scared that my husband might think of revenge and files a false case. Can he do such a thing ??? The fact is i have never mentioned anything about dowry ever. but still can he file false case on me ????
I don't want divorce, i have just asked for maintenance,as i have been deserted.

But still Can he file false case of dowry harrasment on me and my family??? can i be in trouble ???

Kumar Krishan Agarwal Advocate   04 December 2010 at 00:19

Marriage wedlock if it consummated to same Gotra

My Ld Friends,

1. I want to know that what is the legal position of the same Gotra Marriage according to Hindu Law before courts when two persons are not related to degree of prohibited relationship but want to marry.

Like:-1 I have personally Singhal Gotra Marriage to a Another girl of the same Singhal Gotra comes under "Agarwal community ancestors origin" who I met first time in life and not known to her relatives and are new for me first time in life.

Like:-2 Jat community marriage to the same gotra as the bride and groom are.


2. These types of marriage if unfortunately consummated then what are your personal views according to your conscience and under the process of Indian Law.

3. Will we have to avoid these types of marriages OR in fondness just go for it to make it consummated legally wed. ?

4. Sometimes we see that a Gotra would change by Pandit(Hindu priest) for taking Kanya Dhaan from the different Gotra Person(parents) while girl internally belong to the same Gotra as the boy was. How rightfully it is ? in addition to
At that time What it's status of marriage i.e it is right or wrong ?

Please Reply this query profoundly with long statements with strong reasons of your beliefs, so that it will make a precedent for us(i.e lawyers community), to take right step before marriage if any person would think about it to get wed in same Gotra.




Anonymous   04 December 2010 at 00:13

How can a husband get divorce, when wife has no default ????

My friend wants divorce, But the problem is if he files a case, he has nothing to prove her wrong,except her nature which is different due to social & cultural difference,he can put some alligations but inflicting false alligations will be of no use because he don't have any proofs to prove those alligations.There is just difference in thinking in both of them,they are not compatible,but the wife is not ready for divorce. so mutual divorce is out of question, and wife is not ready to take allimony,she is not reday for divorce.

so in this case how can we fight in court for divorce and if my friend wins, can court forcefully dissolve this marriage ?????
Is it possible??? And how much time does it take in such cases???
On what grounds my friend can get divorce, even if the wife is not ready ???? please tell me





Anonymous   03 December 2010 at 22:33

marriage

Can a Nepali man who is well settled in America and has green card there, marry a Nepali woman in India??

Is it compulsory for him to report the Nepal embassy about his marriage??

How much time will it take to get married??

Anonymous   03 December 2010 at 19:18

Intestate Succession

A bachelor Hindu died intestate living behind a house. The House he was aliented from the Joint property by mutual partition though family settlement in the Delhi Mediation Centre in one of the Delhi District Courts and all the other concerned parties are signatories to this settlement.

The person left behind his step mother and two married sisters. Now the quetion is who would be his successor in his property. One of his sisters left the family 13 years back and had no relations with the deceased in all these years.The other sister and step mother was staying with him.

Now the sister who left the family 13 years back is claiming her share and filed an apllication in a Delhi court to grant letter of administration by making the State and other sister as Respondents and suppressing inforamtion about her step mother.

What should the other Respondent sister and step mother do?

The property in question is neither in possession of all of these three and it is in the possession with whom the deceased entered into an agreement to construct four flats out which two flats was to be given to the deceased and two flats was to be retained by the Builder.

Anonymous   03 December 2010 at 16:42

DIVORCE under local customs

One Smt.M.l3gally wedded with Mr. A. mutually signed an agreement on a 100 Re Bond paper duly signed by witnesses that they are henceforth be treated DIVORCED, but failed to register it and also did not file any case for decree of Divorce in any court. Hardly after a week M's father expired from a Central Govt. job due to cancer leaving behind mentally retarded mother, recently (so )divorced daughter M,a married son who never cared them now forcibly took the mother , so that he could get all funds thru mother. The CentGovt provided job to divorced daughter (if decree of divorce is declared by a courtprior to death of father), whether in this casr and circumstances, can M get job?

Anonymous   03 December 2010 at 16:25

fraud profiles on online matrimony

Dear Sir,
There are many fraudulant cases availbale on online matrimony sites.
I want to know if i know few of them as fraudulant and i am thankfully saved and wantt o save others how to declare them as fake profiles ?
Should i talk t o online website where profile is created or can i lodge acomplain against it?
Kindly le tme know how to proceed so many other lives could be saved?
With Regards