Mohamed Ali
10 February 2010 at 11:11
This question is repeatedly filed not to disturb members, the idea is to get osulutely right View. As the matter is little bit complicated..
Sir,In this Sunni Muslim partition suit, The decree dated 1960 is a preliminary decree,In that preliminary decree our grandmother was 3rd plaintiff and her share is declared as 1/17th share in all the suit schedule properties,
Final decree proceedings was filed in 1986 and is still pending,
She has 3 children One predeceased son with 3 childrens, and 2 daughters who survive her.
As some of the legal heirs(children of predeceased son) of 3rd plaintiff were brought on record in the Final decree petition as LR's of 3rd plaintiff by mistake for which the other legal heirs did not object at that time in 1986, even though they are not entitle for any share as per Mohameddan law.
The final decree proceedings court is not ready to decide Interse dispute among one 3rd plaintiff's Legal heirs to decide who are the legal heirs who are entitle for share in 3rd plaintiff's share, The court says it is out of scope of final decree court to decided who are the legal heirs who are entitle for share in the 3rd plaintiff’s 1/17th share.
As we have (daughters)already filed a application in the pending FDP to delete these LR’s but our I.A is dismissed .
We have collection of very good citations(ILR 2004 KAR 3599, Air 1982 Patna 89,Moolla CAssim 33, Cal 173 at page 178, 1992(3), KAR L.J.666(DB) etc on Mohameddan law ,which clearly shows that the predeceased son’s children are not entitle for any share..
what is the right remedy for us in pending final decree proceeding?
1)Can we go for a negative prayer through new Interlocutary application in the pending FDP saying the childrens of predeceased son are not legal heirs of 3rd plaintiff as per Mohameddan law, The court has to decide who are the legal heirs of 3rd plaintiff as sated in CPC Order 22 rule 5.
Or
2) Can a seperate Orignaluit be filed to declare who are the correct legal heirs as per Mohameddan law to succeed in the 1/17 th share of 3rd plaintiff, as FDP court is not ready to decide \ Interse matters between legal heirs of plaintiff.
3) Will Sperate suit will not be a resjudica as final decree is still pending
4) Can a declaratory suit with out court fees be filed just to declare who are the legal heirs of 3rd plaintiff?
Pawan Patil
10 February 2010 at 10:43
Sir? Madam
I am resident at Pune in Maharashtra & My wife resident at Kalyan Maharashtra
My wife petition submitted against me at Kalyan Court & Pimpari court u/s section 125 of HMA & Domestic violence Act respectively for PODAGI (Maintenance)
I also putted petition at Pune Court for divorce on cruelty ground
Can any one guide me two Podgi cases run at time one at Kalyan Court & another at Pimpari Court?
Can I make application to Kalyan Court or Pimpari Court these two cases make combines at one place either Pimpari or Kalyan ?
I want to also know wife can suit file against me at different court?
If no what should I do?
Regards, Pawan
Dadi Uma Mahesh
09 February 2010 at 18:16
Que.1)Can a Father(Petitioner) who filed for Divorce Suit against Wife, in the Same Suit can he Pray for Custody of Children aged 8yrs Son and 6 years Daughter, If so on what grounds, if no what is the process?
Note::Children did know their father as the Wife deserted the husband 6.5yrs back.
Anonymous
09 February 2010 at 17:52
Dear experts,
I am a hindu girl. actually i filed a petittion for divorce u/s 13(1)(ia)&(ib).
The decree of divorce is passed on 05.02.2010. Actually I have filed it under pressure.
The groom side gave me lumpsum alumni against it.Now I want to make appeal and to cancel the decree.
Can I do appeal against it in HC? is this possible to make cancel the decree by HC?
Can i file 498A now?
Anonymous
09 February 2010 at 14:54
NRI couple want to adopt a child from india. what is the procedure for that?
Dadi Uma Mahesh
09 February 2010 at 14:21
1.Divorce Petition on the ground of 6 years desertion and Cruelty was filed by the Husband in the Family Court.
2.Courts Sends the Summons to the Wife of the petitioner and was refused by the respondent(Wife) the summons returned to court.
3.Court Fixed the First Hearing on 09/02/2010, and it was observed that respondent attended to the First hearing even after refusing the Summons.
4.In the absence of Judge who is on Leave on 09/02/2010, the respondent along with Lawyer attended and said they will file vakalatnama,
5.How did they Know about the Bench Date without receiving (after refusing) the Summons?
6.My Question would be if they(Wife) have refused to take Summons, and claiming to file the Vakalatnama on the First hearing be entertained by the Court Staff in the absence of Judge who is on Leave?
7.Can the Husband(Petitioner) Lawyer insist for Ex-Parte Judgement in the next hearing on 08/03/2010 based on above Facts?
Anonymous
09 February 2010 at 11:13
Hi all,
I got married in the year 2003 in kerala.I was working in mumbai at that time. Immediately after marriage my wife and her parents came to leave her in nasik where they stayed for 1 week with us.My wife was in nasik and i used to come once in a week for 2 days. Within 2 months she conceived post our marriage. Whenever i used to go to nasik she always wanted me to leave my job and go to kerala with her. for me it is very difficult as i was born and brought up here and i do not know read and write malayalam. Also the salary that i used to get here would not have been possible there. However her mom used to call me and tell me that there are offer letters for my wife that has come in their house for government jobs so i need to take her there in kerala from mumbai for interviews.
7 month of her pregnancy : We took her to kerala for her delivery and I came back
Child passed away : within 2 days of birth
Within a week of the above : my brother in law met with an accident and was seriously injured(22 yrs)
Wife: Always used to ask me for financial help to help her parents. Arranged for money thru my parents
Wife: wanted all the jewellery that she has got from her place in her hands was not ready to keep it in a locker in the bank in nasik under her name. Wife: did not want me to ask for any opnions from my parents for anything.
Mumbai: I got her to Mumbai in 2006 to live me in Mumbai, before that I had taken a flat in front of my parents flat for her for maintaining her privacy
Wife: wanted me to ask for property division
Wife: did not want me to stay with my younger brother
In laws: came to Mumbai to stay with me from kerala post my brother in laws death in 2008.
In laws: always questioning me where I go when I will come why I come late. Also they used to tell me that I need to leave my parents and live on my own. My parents are in Nasik and I am in Mumbai . They never came to leave with us. Her parents can stay with us however my parents cant. Once during arguments she kicked me in front of her parents . Her mom did not say any thing and told my wife that I may be having a relationship outside and told my wife lets go from here and when he comes to kerala we will show him.
Also as I used to come early morning from my shift at 4:00 and then go to sleep she used to get up at 5:00 and not switch off the lights till she goes to work in a near by school. Had requested her numerous times to keep her things ready in the night and the passage also had mirror for her to dress up . However she used to do this daily leading me to live separately for 15 days. She used to purposely to kick my foot as I used to sleep down when getting ready . Not a single sorry for doing it intentionally or unintentionally
Wife: left house in 2009 jan . I was called in may 2009 for talks where she insulted me in front of 20 relative from both sides saying that I was not a man. During this time her uncles came to my house when my parents were in kerala and threatened my parents with dire consequences if I don’t come and take her. I came back to Mumbai without her and was called in October 2009 for talks with our catholic priests. Nothing worked positively and I came back alone as the priest who was doing the counseling was there family friend and he was insisting me to take her to which I refused.
Now we have received a letter in nasik from kerala threaten us to take her back or the girls of our relatives would be raped.
Dowry: no dowry taken from them. They had given us 1 lac to which my wife insisted that I give it to her with the interest . The jewelry that she had got has been mortgaged and the clear reasons are not know to me.
Would require your help in how do I go about in filing a divorce
Anonymous
08 February 2010 at 17:43
Hello sir/mam
i am rekha w/o sh randhir l. we married 11 years back and live together. i am working in company and he is not working and just some times he went to his father shop. We have two daughters and both are studying in school. Every month for fees and their expenses issues we fight everyday. my in laws don't like me from first day of marriage i complaint to my mother and brothers for this issue they told to everyone in relative and even to our neighbors that i m unlucky when we married they lost all things and so on, but i don't know if they earn where they put all money even we don't have a good home. but they refuse always for sake for their reputation and society. i always cry in front of my parents and i gave some money to my husband to start some work but my father in law spend all money in lottery. two times my husband try to kill me for these issues ad beat almost everyday. i am getting pain in my vagina from eight years after first baby. we went to doctor she start my medicines and told its critical problem you must take rest and do surgery. but due to my home situation and lack of money my husband refuse and told me you will not die. from where i bring money. i don't have so i cry nothing else. now i am earning and we are running our home. now after all this i took some money from my account and operate my self. doctors remove my uterus because in future may be its cancer as doctor told us. in hospital and even at home after that my in laws Torture me for boy. they told me now i m nothing .even my brother in law (husband of my nanad) that you are nothing not a man or women. and he also try to make relations with me and told me that if you are with me i will keep you like flowers. i was afraid when i was at home alone. he always came that time when i was alone. then i save my salary and we got opportunities to go abroad and work their. i thought we will be happy when he will work there. i talked to my husband and he is agree. after that we went to Georgia and got residency and he got job in office. once in night he want to make relations with me i told him please wait for some time doctor told us for precautions. he force me and kick on my surgery part on stitches. i got too much pain and cry for whole night. next day i wen to doctor and she said why he beat you. may be you will die if you will do like this. but she start my treatment and after one month i was OK and in between again he force me when i refuse him he push my neck and told me i will kill you. there was one our roommate who save me and push him away. then they thought he is doing all this in dreams but he told them i know what i m doing then he told in front of all that she is bad luck she finish my generations she is nothing for me now. even she is not doing sex with me and so on. i feel very shame and cry very much. i explain all this to my mother and decide for divorce. she told me OK you come we will help you. then i decide to come back and he also told i will also go back. we came back to India and my brother receive us on airport. we reach at home and my mother is also there. i went with her to my parents home and refuse to go back and ask i don't want to waste my life and he already told to all that he will kill me i am nothing now after surgery. then he called to my brother and his friends and blame on me that i am characterless and so on. he also told them that he will put posters on our village then his relatives comes to our home and my brothers forcefully send me back for society and their respect. then i came back but very much afraid every night. even i don't know next morning i will see or not. then all the time they Torture me for boy related problems and said that you can only give girls nothing else. and now we don't have any hope from you. some times he use some magic book to Torture me . i am afraid now and i want to live alone with my child's. i can earn for my child's. please help me to get divorce and suggest me what to do.if I will move from home without saying anything and file case against him and I know they will lodge complaint against me that I ran away.so please suggest me what to do and save my life. if no body help me i have to take some serious step. i will loose my life because i cant live like this. i hope you will help me and tell me how to solve my problem. i think i will ran away from home and file a case against him for divorce. because i cant do anything here. they will kill me if they knew i am going to file case against them.
please help me and suggest me what to do?
waiting for your reply.
Thanks
Rekha
SATYANARAYANA K
07 February 2010 at 23:11
Respected experts,
A is female & B is male Both are Hindus, Engagement was over between A & B, after engagement due to misunderstandings differences came A & B, now my query is B want to be cancel the engagement, but here A is rich family and high influenced persons in the society, A family threaten to the B family that if not perform the marriage between a & b, then a family members threaten as if not perform the marriage a is ready to suicide, but b has no interest to marry a, please suggest what is the B position, is B any liability to pay compensation as per law if cancel the engagement, is b have which remedies to escape from marriage please suggest sir, i am waiting for your valuable reply, if b not willing to marry is there any criminal liability on B please suggest, i am waiting for your valuable replies, thanking you sir
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