Atish
24 September 2009 at 08:56
I was told as per muslim law afetr the age of 7 yaers the father always is the custodian of the son until proved that he is not capable of taking proper care and needs of the son.
In the past month the custody was given by court to the father for the holidays and the mother was denied after the son in court after being with the mother for one hour alone told the judge that he wants to be with the father and if mother wishes then should come home.
Because of uneasiness in boarding the son refused to stay and the father put him in a local school as day scholar.
The mother had left the house much befor e the divorce petition reached the father without anyones knowledge.
Both elder son of 22 years and younger son of 12 years are ready to state that they want to be with the father.
Can the court still force the custody to be given to the mother.
Would appreciate your kind answer at the earliest.
riven
ABC.......
24 September 2009 at 01:13
If wife has filed case under DV Act and court has ordered and provided residence to her. Is it compulsory for wife to stay in that house for full time even if she doesnot feel secure there. Are there any chances of filing complaint my husband and in-laws if wife is not staying there and reversal of order by court. Plz advise.
riven
Atish
24 September 2009 at 00:27
In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years. Can the father if he is rightly the custodian change schools without the mother's permission for the betterment of the son.riven
Bishwajit
22 September 2009 at 20:42
Under which act and under which section a Muslim can file a case for restitution of conjugal rights?riven
Chandrakant
22 September 2009 at 16:49
Aftr filing these , Accused has applied for anticipatory bail. What should be best possible way further ?riven
Kamal Grover
22 September 2009 at 01:13
Wife does not have any income proof of his husband so getting very meager maintenance u/s 24 of Rs.1000 only whereas her expenditure is around 5k and her husband is earning around 50k per month and have four wheelers and two houses in chandigarh. how she can findout the income proof.riven
Kamal Grover
22 September 2009 at 00:58
In a love marriage case. Husband run away from home after 2 year and file the divorce case in another city Delhi far away from matrimonial house. Girl file the DVA application and maintenance case in Delhi and demand shelter coz her parents did not allow her to come back.
At the time of reply Husband withdrew his case and again the Delhi and ran away in other state of Punjab. Now how the girl can get the maintenance and DVA relief coz she is helpless and alone and require relief immediately.
Regards
riven
Ria
20 September 2009 at 12:58
Respected Experts,
Mine is a divorce petition which I instituted 5 years back in Thane district court, Maharashtra. In the 5th year my case was transferred to the fast track court that is on 21st march 2009. My husband did not appear in fast track court for 4 months after the transfer, therefore I made an application for deciding the case Exparte. . (Iam appearing party in person)
Before passing an Exparte order the judge issued a notice to my husband’s lawyer informing about the transfer of the case to the fast track court as my husband’s current residence address is not known. The 2 lawyers on record are father and the son. The advocate father received and signed the notice but still they did not appear in the court for the next 4 hearings.
Surprisingly on the very same day after 4 months, when the final Exparte order was to be passed, my husbands advocate applied to the setting aside Exparte order on the grounds of non-receipt of the notice of transfer of case to fast track court. The judge Justice M.H. Belosay of thane district court, room no. 225, accepted the application to set aside Exparte and gave a date for argument on the application.
However the judge seemed biased and does not pay attention to my pleadings as:
1) Judge Belosay did not at all give me an adequate opportunity to present my side of argument, and listened properly only to my husbands lawyers argument.
2) Whenever I presents any application like recovery of interim maintenance due petition, say on setting aside Exparte application and other legal application the judge tries to put me down by saying: My god!!! How many applications are you presenting?
3) There is a discrepancy in the cause list – the online status of the case is stated as dismissed on April 21st 2009 (reason stated – contested or otherwise), but in reality the case I still going on in the court. On the date of the hearing the court clerk refuses to list my case on the cause list even after bringing that to her notice though the case is heard. And screams and shouts at me if I request her for having a look at the Roznama, when same is given to my husband’s lawyer, without any tantrums by the court clerk.
4) Also the court clerk did not put on record the bailiff report of my husband’s lawyer having signed and received the notice of transfer of case. When I found out that the report/receipt is missing, shockingly she replied that she has no time to see where it is and that it must be lying somewhere around the court files. When I said that I will complain if the report is not found, after 4 hours without any need for searching she gave it to me from the cupboard nearby, as she knew it was there.
5) Judge Belosay even though there was prima facie evidence on record in the court, that my husbands lawyer has received the transfer of case to fast tract court notice, set aside the order to proceed Exparte stating that they did not receive the notice as a family member of my husband’s lawyer had received the notice.
Iam totally depressed by this injustice I have to face, Iam feeling helpless. I want to appeal against the setting aside of Exparte order. Please guide as to where should I file the appeal, in the High Court of Mumbai or in the same court i.e. district court of Thane.
Also please advice as to how to proceed against court clerk and bring to the notice the discrepancies going on in fast track court.
riven
sunny
19 September 2009 at 03:12
I got marraied in nov 2007 under muslim law in india. I am working in gulf, my wife is studying in india. From he next day of marriage onwards she and her parents started making problem with me. she only wants my all money. she dont want to come with me in abroad and her father plans is to keep her wid him. Even now she dont want to meet with me.
I went Imayat sharia, they suggested me to file RCR.
I filed RCR, and first hearing is on 6 Oct, 2009.
Please suggest
1. How long RCR will finish.
2. Can she get excuse to not join me due to her study?
3. I am expecting they may file 498a to harras me.
4. Is that court can take my passport, as im working in abroad?
Please suggest.
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wife's share of husband's property
Dear members,
I shall be greatly obliged for your kind suggestions concerning the following matter:
I have been married (arranged) for exactly 13 months now but have lived together for only 5 months (from april-aug 2009), as immediately after marriage, I had left for completion of my PhD abroad. Now for the past one month, my wife has been living with her parents after imposing all nonsense and false allegations on me. I do not know anything about their intentions but apprehend that they may file a false case if the results are not to their satisfaction. In this regard, I have a few queries:
1. Since, the property (a duplex house) is on my name, does my wife stand any chance of claiming any share after we get divorced ?
2. Is there any law wherein the dowry is returned after divorce. I ask this as there was no written agreement between both parties ?
3. Since, I am unemployed and not in a position to pay the alimony, will I be instructed by the court to somehow pay it. For your information, we do not have any children as of now ?
4. Also, as far as alimony is concerned, I would like to know how the rules change in case we have a child ?
I shall be extremely thankful if you all could help me out from this extremely unfavourable situation!riven