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farhan   12 November 2010 at 14:09

specific releif act

Under which section does the family court judge can pass the order of degree

Member (Account Deleted)   12 November 2010 at 13:10

Section 125 crpc maintenance

From last 2 months i have been living with my parents as my mother in law asked me to leave my matrimonial house. Its just 4-5 months of our marriage, actually my motherinlaw is very domination & interfaring, she controls my husband completely and wanted to control me,she made my life hell,harassed me emotionally and mentally.After all this i discussed the whole matter with my husband and begged to shift to a rented accomodation,but he didn't agree instead my motherinlaw got angry and she brainwashed my husband and convinced him to leave me.so i had to leave my matrimonial house and had to comeback. After that i tried a reconciliation process but my mother in law and my husbnad breached that, they didn't take me back.And my motherinlaw is telling all the relatives that i used to threaten them that i will committ suicide etc and i left the home with my own wish, which is totally false.As i used to send several sms,and made calls to my husband that please help me,please make everything good & positive and take me back,but he didn't give any responce, he never ever called me and didn't try to call me back to their house, So now i have filed section 125 crpc case for maintenance. I want to live with my husband and ready to go back, but i can't live with my motherinlaw at their house,i don't trust her intensions as she had filed a complaint against me at police station that if anything happens to me she won't take anykind of responsibilty. so iam scared and don't wish to stay with her in the same house. So please guide me . Can my husbnad say this that he is not ready to give me maintenance as he is ready to take me back but i have to stay with his mother only in that same house???? in such situation what can i do. i want to live with my husband but surely not with my mother in law and not that same house.Altough my husband is not ready to live with me and he is not ready to leave his house.I have no demands of property etc. In such a situation what does court suggest ???or what is the action of court ????? please help me & guide me.

Anonymous   12 November 2010 at 12:50

Section 125 crpc maintenance

I have been deserted by my inlaws & my matrimonial house. so from last 2 months iam living with my parents. My inlaws and my husband has not shown any interest to take me back, no calls nothing, they have totally stopped the communication. So i have taken admission in MBA, but during admission process i have not shown that iam married, and on the form i have written iam single, as i was scared that people will make fun about me and will talk wrong. But now as my husband is not showing any kind of interest to accept me back, i have filed a case of section 125 crpc for maintenance. As iam completely dependant on my parents,and iam a student,not working. so in this case my marital status which i have filled on my MBA admission form will effect the case ???? i won't be eligible for maintenance ???? Can court make an issue of this ???? please tell me

Anonymous   12 November 2010 at 12:34

misuse of personal photographs

Hello Sir/ Madam,
I am getting divorced 6 months before.
My Ex-husband had not returned my 'personal' photographs. He not misused them yet. Please can u suggest,
What precaution should I take, so that he can't misuse my snaps in future also?

waiting for your early reply.

Anonymous   12 November 2010 at 12:04

HUF Partition

I have as on date only cash, bonds , Mutual funds in my HUF account
I want to do total partition of HUF
There is no dispute for the settlement
The question is
1) Whether i can do a meorandum of agreement on stamp paper of Rs 200 and is there requirement of registration?
2) Whether I have to send an intimation to Assessing officer and send the memorandum to the Assesing officer?

Anonymous   12 November 2010 at 11:06

Nullity

As me and my wife got register marriage last year based on the assurance given by them(wife prents) that the conventional marriage will be done soon (as it is a arrange one, got acceptance fron both the parents), now my wife parents are not ready for getting conventional marrriage saying that alredy leagally marriage is done, and they filed a false vakalth for nullity by parents force. But I am interesed to lead life with my wife, does court will cosider for nullity

Register marriage happned based on mutual understanding between me,wife and their parents.(their prents gave assurance that they wont disclose the matter to my parents),ans we both were staying seperate in their homes,as my parents were not know these incidents they were asking their parents for conventional marriage,

They filed a false vakalath, that me and my parents fored them to get register marriage because of dowry interest. so they want to nullify the marriage, as it a fraud.

We are in the mediation process, she has accepted to come with me based on condition, with a fixed deposite for security in her name an amount 2.5 lack, or else she is ready to nullify.stating that I am not taken care of her since from register marriage.
still I am confused in these money matter, as their parents did not send her to my home, whhy I need to part money to her.


aisha   12 November 2010 at 10:21

Marriage status???????

I have moved an application for declaration of wife's name in distt court to order department where my husband has given wrong wife's name to order them to update wife name ie me. Respondents are that department (state govt), my husband. Now my husband has filed reply denying the allegation and saying that i dont have any legal relation with him and he is married to that other women only and he has rightly given her name as she is his wife. He is alleging that he was under impression that he got married to me on 23/8/1996 thats why he filed divorce pet in 2006 , but he is alleging that i denied that marriage in the court ( there is one my reply to divorce pet where it has been denied by mistake , but when my evidences were recorded on later stage i had admitted my marriage on july 1996 as well as 2005 )and said that i said that got married to him on 30/8/2005 only, thats why he withdrew that divorce case.THe fact is that he withdrew case after high court order to enhance my maintenance And that i forced him to contract marriage on 30/8/2005 and that marriage cant be legal as he is already married to other lady on nov 1996.
He is just messing up the case.I have also filed bigamy complaint in another court. I am also getting maintenance in domestic violence case since 2008 and also pending same revision in highcourt for enhancing amount.
Now i am very disturbed , i dont know what going to the fate of my cases and me?

Can anybody keep on changing statments like this ??
Is not he liable to be punished for all this ???????


Plz also gothrough my earlier querry which i am also coying heredown.

(I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he has given her name "other lady" in difeerent documents when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,

Affidavit giving his / wife property details to Election Dept in Sep 2009.

While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents

That lady has also made voter card with husband as my husband

While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy

He has completely ruined my life.Now i want to file case against my husband and also that other lady

My querries :

1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)??????

2. if i file bigamy case, can i make other women party or witness
3. can any offence is made out against other women

4. what other action i can take againt both of them )

paban kumar   12 November 2010 at 01:40

property

Hello Sir,
my name is Bimala Kumari and my religion is hindu. i have a query to ask you. it is related to my family property. hope you can help me out.
my expired father had five daughter including me and no son. four of the daughter were married and one remained unmarried with my mother. since one of my married sister and her husband expired, their two son also lives with my mother along with my unmarried sister. now since they are grown up they use to see after my mother's family. my father had left almost 20 acres of land. now almost 5 acres of land were sold by my unmarried sister without notifying our remaining sisters. i want to ask you sir if we three married sisters have any legal rights to get any partition from the remaining land.
seeking for your helpful reply... THANKS

ananthalaxmi   11 November 2010 at 18:58

adoption

mother can adopted his major son to his second husband with consent of his divorced husband that son is divorced husband's son he has given his concent with notery with that notery she can adopted her son to his second husband

Anonymous   11 November 2010 at 18:39

RCR & Divorce- Clarification Required

Respected Learned people, Need your inputs on three questions. Pls shower your thoughts.



1. Husband files an RCR and sends a copy to wife. Later he learns that the general process is that copy of the RCR along with the summon to appear on the date of hearing would be sent by the court itself to the respondent. Is it true that courts would automatically send a copy of the RCR to the respondent and there is no need for the petitioner to send it?? Also, Is it wrong to bye pass the court procedure of sending the RCR??? Supposing if the Summon and RCR doesnt reach the respondent on time (i.e assuming it reaches after the date of hearing) how would the respondent know when to appear in the court??



2. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is willing to join the husband if a separate house is set up for her and huband. Husband doesnt perfer nuclear family. How should husband react in such situations?
Reason for asking separte house: Few minor fire accidents at home & there is an open ground in front of the house and there are lot of insects & musquitos (in extreme occassional instances small snakes)



3. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is not willing to join the husband in the house where they are currently living but only in a new house (joint family is also fine). Reasons are the same as above. But husband doesnt want to move out of the house as its their own house, they have been staying in the house for the past 30 yrs and these things have never occured before.



Pls advise