Yogesha
10 February 2010 at 17:00
Hi,
There was a Panchayth Parikath(Land Partition) made 15 years ago in front of leaders of the village. The Land Belong to A(Father) and B(Mother) and D(Second Son) was divided for three sons C, D and E.All are agreed and signed to the paper except B(Mother). Is it a valid Parikath now.Son E is Fighting to get the land according to the Parikath but C and D are opposite to it.Is it possible for E to win the case through the court.Can son D(Second son) enjoys his own property regardless of the Parikath which was made 15 years ago.One more thing is B(Mother) is passed away.she is no more.Please reply.
Aruna
10 February 2010 at 13:26
1.Does Code of Criminal Procedure 1973 , Section 125 is bailable?
2.What is the maximum penalty and maximum how many times Bail can be granted?
3.If the Husband is habitual defaulter maximum how many times a warrant can be issued?
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
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KIND ATTENTION
Dear friends
As my client's father has disowned my client which is having matrimonial litigations.
My query is this whether he can reside with his father in his father's house.
if yes then why?
if no then why ?