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Anonymous   29 March 2010 at 16:09

Law commission of India 71st Report?

Dear Experts, I want to Know whether Section 13C, which was recommended by Justice H R khanna and P M Bakshi, members of the Law Commission of India in their 71st Report about irretrievable breakdown of marriage as a ground for dissolution or Divorce of Marriage with few safeguard to the existing sections of HMA 1955 Does Section 13C is in practice or not enacted into Law, if not can that section cited in along with 13A to file a Divorce Petition?

Anonymous   29 March 2010 at 13:46

divorce

i am a christian married to a hindu husband, under special marraige act, and I am having a 3 year old son.

And i want a divorce

please advice how to go about it

Rama mohan Acharya   29 March 2010 at 08:41

Probate of will

What is exactly probate? It is necessary to establish the genuiness of a will?
A Will written in the year 1934 in plain paper with signature of the witnesses. Unfortunately nobody is alive. Now the will need to be estalished . What can be the ways out?

G. ARAVINTHAN   29 March 2010 at 07:41

Paternity - Muslim law

If a Muslim male , acknowledges the paternity of a child of his muslim maid, wherein the child born to the maid and a man of different religion? Is the acknowledgment of paternity valid?

Anonymous   29 March 2010 at 07:36

general power of attorney

Sirs,
I have already asked this question before.My son-in-law has given GPA to his brother and he filed a case to nullify the marriage.The court ordered the original petitioner to be present for reconciliation.He has so far not come to court so far.The GPA is only presenting himself.The family court has dismissed it.The GPA moved the High court.But even the High court has dismissed the petition.Now he wants to ammend the original petition by stating that my dauhter is mentally unstable.
Now I would like to ask;
(i)Can a GPA file a petition on his principals behalf for marriage annulment?
(ii)Is he eligible to ammend the original petitioner?(what are the righte of GPA?

rdburmanmusic   28 March 2010 at 20:44

plsm answer

my wife night at 2 am gets up check my mobile delete messages an evidences i have. she bite my hand and scratched hand with nail if i tried to get mobile. i have done mlc in hospital for her bite. she is not aware about that. she says she vl kill me,send me messages that if i don give mone she vl send me jail. i m planning and preparing to give her dvrc notice. she is with me only but daily torture me,abuse,threat.great liar,manipulative. mlc is helpful?voice clippings helpful? neighbours are aware of her behaviour.pls answer me.

Anonymous   28 March 2010 at 20:16

False marriage certificate

My friend (a NRI - non resident Indian) has recently come to know that a family whom he stayed with for a few hours following his pilgrimage visit to Ahmedabad, have in his absence from the city, managed to obtain a marriage certificate without his permission or consent.

We have come to learn that the family in Ahmedabad have in September 2009 filed a case in their local Family court under section 13(A) of Hindu Marriage Act and maintainence under section 125 of criminal procedure code. My friend has no idea of both of these cases and neither have any papers been sent to him concerning the same. We came to learn through friends in Ahmedabad who informed me and I have mentioned this to him. It is obvious that this family are trying to blackmail him with a view to obtain money through the courts from him and his family.

The facts we already know are:

1) He was absent during the alleged marriage and application of marriage certificate (his travel documents: boarding pass and air ticket show clearly that he left the city in the early hours of the same day, so concequently no marriage event too place)
2) No-one in his family has acted as witness on the original application or signed anywhere on the original application which friends have obtained a copy of from the Registrar's office.
3) His signature has been fraudulently produced on the application - slight variation from original
4) His signature is not present in the register of marriages also and neither is there any proof that he ever visited the registrar of marriages (appointment or photos)
5) No photos are present which clearly show any marriage solemnisation as I understand from section 7 of Hindu Marriage Act that both Satpadi and Kanyadaan are the binding elements in Hindu marriages which are customary rituals to both families, as his primary and only reason for visiting Ahmedabad was to take part in pilgrimage (visiting temples in and around city).

Is there any way to collapse both of the family court cases and secondly to launch a criminal case against the party in Ahmedabad concerned, with a view to either cancel the fraud marriage certificate or annulment decree?...How would he go about doing the same to avoid delay?...He has managed to find a high court advocate for him (based in Ahmedabad) who is willing to take on his case but because of the family court cases, he is also reluctant to pursue the issues. I would be grateful if any expert in this area can advise the best line of action he should take, taking into account the court cases that the other party have already filed against him and his family.

Also, whilst visiting this family there was a religious Puja held in the family flat which he attended, but did leave prior to the date of alleged marriage and registration of marriage.

Do advise accordingly...

Anonymous   28 March 2010 at 19:25

child custody

Respected sir,
I want few judgements in child custody case
1) custody cases are to be settled in three months- High Court (It came in news on 13-5-2009)Chandigarh or any orther related matter.
2. Chalked out child custody time table -High court . It also came in news PAJIM dt. 18-5-09
3. Working moms may not always get child custody
4. Working mothers bad for childres. or any other judgement to get the child custody. Since more than 15 months passed no action has been taken by the family court in custody as well as in interim visitation rights.

with regards

Anonymous   28 March 2010 at 14:46

regisstered marrige

what is responsibility as a parent when adult child get registered marrige without having any souce of living/unemployed.

Anonymous   28 March 2010 at 11:08

Child Custody

Dear Sir,
I have a child of age 3 yrs. My in laws took my wife and my daughter 3 months back showing me a search warrant, as only since 5 days from 3 months back my kid was with me for a holidays!
Now since that time they didn't let me to talk or to see or to meet my kid. I didn't have any marriage certificate nor married according to Hindu marriage process(Like phere and akshada and mangalashtake). Can i say that my child is illegitimate and ask for her custody? As i consulted few lawyers in Pune and they told me that I can say that i am not married with my wife and only we had live in relations.
In the past one case is pending against me in the court (Since last 3-4 years bur not a single proceeding till date). will it affect on to get the custody of my child to me? Please help me. They all people are totally uneducated and will spoil my kid's future. If any case study like this is available please send it to me!


Thanks and looking forward for your response at the earliest!