Himadri De
28 September 2010 at 19:50
I am on verge of mutual divorce. we have a child(girl)and is in possession of her. My wife earns handsomely.It is learnt that my wife is going to have a second marriage.My question is do I have to give the maintenance of child if my wife does a second marriage?
Anonymous
28 September 2010 at 17:28
Ld counsels,
Annulment filed by wife on the ground that husband was lunatic at the time of marriage and also on the ground that fruad was committed by the husband by suppresing pre-marital love affair with some other woman.
Allegation of fraud (deliberate concealment) and allegation of lunacy are in conflict with each other. Can a lunatic commit fraud. In fact the allegation of lunacy is scandalous and vexatious. On this ground can the pleadings be struck off under ORDER 6 Rule 16 of CPC, bcos a lunatic cannot commit fraud.
Moreover no step was taken by wife to appoint a guardian for the lunatic husband so far and also so far the person with whom the love afair was attribute was not made a party which will also cause pre-judice to the husband.
Can these pleading be struck off. please clarify.
Anonymous
27 September 2010 at 23:22
I got married in the year 2005 to a doctor who was then studying MD General Medicine (final year). He took a dowry of Rs. 15 lakhs cash, 5 lakh worth Gold and a house site costing then Rs. 15 lakhs (site is in my name only). Immediately after marriage, he and his parents and brother started harassing me for extra dowry. My parents tried many times to convince him for not to demand for the extra dowry through mediations , but they were not leaving their demands. As I could not continue in that house within few months my parents brought me to their house. My parents continued their efforts to keep my family binded but subsequently failed. Meanwhile then in Nov 2006, he filed a divorce petition in the court. As there was no other option, we have then filed for dowry harassment case in Dec 2007 and case for maintenance in Jan 2008 which are still pending in the court. I am not for divorce from the beginning and even now I wish to rejoin.
I came to know that he married again and has one year girl baby. He is doing private practice at Hyderabad and earning few lakhs a month. But in the court during councelling by the judge he said that he did not marry and ready for rejoining but not earning much to pay the maintenance. The judge posted the case for further action after 25 days. But my husband did not turn up to the court. So far I have observed that he is not interested for early settlement and prolonging the case . If he goes back on his decision for rejoining, what legal measures I have to take to get justice in my case.
ksvrajuadv
27 September 2010 at 20:50
Hi experts,
Anybody have files how to askquestion petitioner husband in cross examination,it is my first CE.plz guide me or refer me good book on it.
thanks
Anonymous
27 September 2010 at 12:20
I am a Hindu married to a muslim guy fr 2 yrs..we got married acc to muslim rituals bt now we want 2 register it wth SMA so tht no conversion or name change is requird..can we register it as fresh marriage?pls help..
want to know why does SMA has 30 days notice prd while in hindu marriage act it isnt so?
Nick
27 September 2010 at 10:45
whatever i have found so far that there is no relief from session court for 498a/304b case.I have heard that session court always giving punishment for this case.high court or supreme court is different.I am talking on session court. please put your expert comments on it.is it true that session court always giving punishment irrespective of the case merit.if anybody succeed against this case from session court please help me giving his reference so that i can personally contact to him.any expert can send me mail directly to papai_sarkar@rediffmail.com.
Thanks.
vimal
26 September 2010 at 23:30
My father expire on 2005 .I was the only child. After my Marriage with a man can i get ownership of the proper which now at the ownership of my mother.
Vinod Bajaj
26 September 2010 at 18:12
My father built a property from his own earnings in 1976 but included the name of my mother while registering the plot on which he built the house. The sanction plan as well azs the comletion certificate issued by MCD Delhi is in the joint name.
My father expired in 2005 and left a will registered with the registrar where in he declared that since he spent the entire amount in purchase of plot and the constructions thereon, he is the actual owner. HE HAD DECLARED THIS IN HIS INCOME TAX RETURN OF THE SPECIFIC YEAR IN WHICH THE HOUSE WAS CONSTRUCTED.
In his will he has left the property in the name of his three sons but has not included his daughter who is no more but has two living children. My father further declared that my mother can enjoy living in the house as she please as well as enjoy the rent of any portion which she has rented out.
My questions are:
1. Can my mother sell that property?
2. Would the children of my sister can claim their share in the property.
3. Should my mother make a will of this property?
4 What is the position of the will left by my father.
Please reply to vinodbajaj@in.com
Anonymous
26 September 2010 at 17:07
my father are four brothers .My grand mother made a registered will on
the name of father and his youngest son on sep'2007.But my one unlce presented a un-registered will in the court of dated oct'2009.so please tell us validity of the will.
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quash 498a/304b
How to quash 498a/304b case on mutual basis at session court or high court in west Bengal.
Please help providing the details process and steps in each court.
please help.