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Raghavendra P Hogade   30 June 2010 at 18:44

custody of the minor child

Good evening sir, I require your valuable suggestion on the following point husband & wife got divorced mutually during 1998. at that point of time, they had two years old daughter. wife did not claim the custody of the child and the child was given to the custody of the husband. in consideration of the child, wife demanded Rs.2,50,000/-which was paid by the husband and the visitation rights was given to the wife once in 15 days to visit the minor daughter. for 1 year from the date of court order, wife came & visited her minor daughter and thereafer stopped coming to see the child. now the child is 13 years old. now the wife has filed the case under Guardian's & Wards act claiming the custody of the child. the family court passed an interim order giving visitation rights to the wife every week sunday. only for 4 sundays wife came to see the child. but the child refused to go along with the mother. wife lodged a complaing against the husband in the police station. on one particular day, husband along with the daughter went to the police station and the husband informed the inspector if the child wishes to go along with his ex wife, he will not come in the way. but the wife did not turn up to the police station. both the husband & daughter gave voluntary statement before the police station. daughter gave the statement that she is not at all interested to see the face of the mother. now, the wife has filed a contempt application before the family court. during the hearing the family court judge has told the father that there is a supreme court judgement that the custodian should convince the minor children to go along with the parents and as to show how the father has convinced the minor daughter to go along with her mother. i want to know as to whether any supreme court judgement on the point that the minor daughter aged about 13 years old should not be sent forcibly along with the parents who seek custody ? Thanking you sir,

Anonymous   30 June 2010 at 13:56

Child Education

Child education is not being done at mothers place after her 498a, citing no income.

Do we have any provisons to father to make child education going on.

Its very saddened these laws like 498a is making family disintegrated.
True convictions of cops say that all 498a in their PS go for divorce?

No mercy to men in this particular law.

Anonymous   29 June 2010 at 13:55

probate

require list of lawyers involved in probate work in mumbai

sanjay   28 June 2010 at 23:13

Divorce case

Dear Sir,
I have one case on me filed by my wife.
We got married in dec 2006 and she stayed wiht me for 10 months and decided to go her parents home. She wanted to work in her hometown.
Since then we have been staying separted, since nov 2007.
after a yr of kiss n tel she came back in dec 2008, but stayed just a month wiht me in kolkata where i use to work.
and from there she returned back her home.
during this month stay she colected some evidences, i was innocent not to realize her motives.
So when she went back she immediately files 498A.
ofcourse the false case, she never stayed wiht me for tht much time to file 498A, to say what all she has written in FIR.
so this 498 went in to mediation center, thanks to this lawyer, and we had agreemt there tht she wil stay wth me and i wil give her some money, 5 lacs Plus monthly 10,000 rupees.
We came back to kolkata in 2009 sep, and stayed just one month when she started sayng that she will go her home and want to go to US.
I was again innocnet not to understand her motives, she had some plans in US.
so one she went she never came back.
and when she came back, i went to her home to bring her back, but her family asked me 25 lacs, and that was the last time i saw her in dec 2009.
She kept quite and may b collected som eevidences to file some case, now it is learnt tht she has sent some summon asking me money, the same amount which her family asked me.
please advice what can be done in this case.
I would like to add that i work outside India and i asked her to join me but she never came back.
and one glitch here is that she found some chats and conversation fro my gtalk where i was talking to some girl or wiht frnd about girls.
and she is using that thing as the weapon against me.
please advice.

Thanks
Sanjay

Anonymous   28 June 2010 at 22:44

To FileDivorce in court

Hello sir / maam ,
I am a muslim girl and I had married to a hindu Boy in Sep. 2008 in Arya Samaj Madir where Marriage certificate were issued to us along with my Conversion certificate ( Hindu Conversion ) . But we have not regiistered our marriage in anywhere .
And after sometimes of marriage , problem started arises and our marriage didn’t run well .Finally, on May 2009, I came back to my parents home and we have no contacts from last 1 year via any media at all .
Now , I am looking forward for divorce for my safe future . So, I contacted him and got to know that he has already married last year around July09 and has got a child also .
I know that I can file bigamy case against him but since I want 2 move ahead in my life and want a Divorce by Mutual consent .
So, have asked him to file divorce case with mutual consent which he has denied . He is not ready to give me divorce and denied to come my home town to file divorce in court as he is working in some other city ,
Please advise :
1. Can I file case in any other city of India besides from my and his hometown .
2. Is there any way where I can only file for divorce in court without him and can get divorce from court .

Please reply with reference under which I can get divorce .

Please advise .

Anonymous   28 June 2010 at 15:01

divorce on grounds of non consummation of marriage by spouse

I AM POSTING THIS QUERY SEEKING GOOD ADVICE ON HOW TO TACKLE FURTHER AND HOW TO NAIL THE RESPONSIBLE


FACTS OF MY CASE WHICH IS RUNNING IN CIVIL COURT

WE MET THRU TELUGU MATRIMONIAL WEBSITE AND AFTER A FEW EXCHANGE OF MAILS , MEETING BETWEEN FAMILIES AND ASTROLOGY MATCHING ,MARRIAGE WAS SOLEMNISED IN JULY 2007 ,IN A GRAND CEREMONY .HE FAILED TO CONSUMMATE MARRIAGE ON THE FIRST 3 NIGHTS AND I FAILED TO UNDERSTAND THINKING IT WAS A PROBLEM OF ADJUSTMENT /NEW-NESS ETC .

AFTER 3 DAYS OF MARRIAGE HE FLEW BACK TO USA SAYING HE WILL SEND FOR ME ONCE HE HAS TAKEN CARE OF ACCOMADATION ETC AND I AGREED . I JOINED HIM AFTER A MONTH AFTER LOT OF PERSUASION AND PRESSURE FROM MY FAMILY ON HIM .

HE WAS WORKING IN USA AND I WAS WORKING IN INDIA. I RESIGNED FROM MY JOB TO JOIN HIM IN USA AND EVEN AFTER LIVING TOGETHER FOR 5 MONTHS HE FAILED TO CONSUMMATE MARRIAGE UNDER VARIOUS PRETEXTS AND I GOT INTO DEPRESSION AT HIS CONSTANT REFUSAL AND SADISTIC BEHAVIOUR IN DAILY LIFE . FURTHER HE TOOK ME TO A COUNSELLOR IN AN ATTEMPT TO PROVE THAT I WAS MENTALLY ILL .

I ASKED HIM TO SEND ME BACK TO INDIA AS I WAS FEELING VERY SICK AND EMOTIONALLY DISTURBED AND HAVING ANGRY OUTBURSTS

kamal sachdeva   28 June 2010 at 14:17

Procedure to claim Maintenance from husband

Hi, My query relates to my sister in law. she got married in dec 2009. 2-3 months after marriage everty thing was fine but suddenly her husband want to leave her without any reason. He started harrsed her. At last her parents deided not to send her to her husband house and file a case against him. They residice in Gwalior (MP) and my brother in law file a request for maintenance u/s 125 in Familiy Court called Kutumb Nyaylay.I just want to know what is the whole procedure and requirement of the same and how we can persue our case more effectively.

Member (Account Deleted)   28 June 2010 at 09:28

husband left to Us witout informing me

My husband deserted me and flew to US after 6 months of marriage.and i filed a DV case against my inlaws and my husband.My inlaws are not attending for the hearings and produced medical certificate and high court stay order.I am fine with it,but How can i send the court summons to US?My husband is not at the previous address(america).He changed his phone number too. How to trace his address. Can i send the summons to his previous address/office address by writing his Social security number on top of the registered post cover?
Please suggest me the best option in detail.I called up the embassy and they said they are not responsible for tracing out as it is a personal issue.All i know his work details and SSN details.Will it help? Poor my lawyer doesnt know anything about US procedures.So please help me.Waiting for your reply.Attached my husbands earnings summary,where you have all the details.

Anonymous   28 June 2010 at 02:36

Will

I'm seeking advise on behalf of a friend whose mother has passed away and left a will making him the only heir of a property in Kolkata. My friend's sister wasn't included in her mothers will. (the relationship between mother and daughter was not good) But now she is asking for 50% of the inheritance claiming that being the daughter it is her right and in case my friend doesn't agree she wants to contest the will.

What does the Indian law say in that concern? What are the chances that she will suceed with her claim?

Thank you for your help.

Anonymous   27 June 2010 at 23:03

right in father's property?

I'm married in a joint family.My husband has 2 brothers,one elder and one younger.We live in a complex where we have residential house and 2 factories.The land of residential as well as that of the factory is in the name of my father-in-law.My husband is a 1/3rd partner in one of the factories,the 2/3rd partners being the other brothers.Nowthe elder brother fabricated a 30 year bogus lease in his name and snatched the factory from my husband.As a result my husband has no income and dependent on my father-in-law.A case is pending in the court for the same.Couple of years back my father-in-law and the 2 brothers came together against my husband,myself and my daughter.They are threatning to turn out my family from the home.To mention,my husband is around 48 yrs and has been staying in this house since birth.I married 25 yrs back and since then has been staying in this home.My father-in-law is a popular politician and very influential person.My husband is a heart patient.My father-in-law is threatning us to take our belongings and leave house or else he will get my family eliminated.As a result of this threat,my mother wrote a complaint to the ssp regarding the safety of my family.We have a common kitchen.My query is can my father-in-law turn my family out of house or can he stop our eating food from the joint kitchen?My father-in-law has even stopped giving school fee for my daughter who is a brilliant student.Since last month,my mother has been sending me money to meet our daily expenses.It is not possible for her to send money to us every month as she is living on a family pension herself.And to mention,my father-in-law is around 80 years old but still has everything in his control.Very dominating and even a characteless person.He married again at the age of 70 after my mother-in-law expired.please advice.The house where we stay is in the name of father-in-law and is his self acquired property.Can he turn me,my husband and my daughter out of the house?