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Rajneesh Madhok   10 September 2009 at 18:20

Dowry harassment case, Boy's parents registered fake case

DOWRY HARASSMENT CASE, BOY’S PARENTS REGISTERED FAKE CASE IN WOMEN CELL THAT HIS SON HAS BEEN KIDNAPPED.

My bhanji got married with a boy last year. The marriage had been solemnized at a town of Haryana in a marriage palace. The girl had been living in Australia on Student visa. As she had completed her studies; at that time of marriage she was on the student visa. She sponsored her groom after marriage to Australia on Dependent visa. The boy’s family belong to Punjab.

After a week of marriage the girl went back to Australia and the boy joined her after about six months. On joining in Australia the girl revealed the hard fact that the boy is impotent to her mother. In the mean time as she had knowledge of his password she read the e-mails sent by her husband to his parents in which he confessed that he is impotent and is unable to perform.

In addition to it the boy had been torturing the girl physically and mentally. As he had not been doing anything in Australia and totally dependent on the girl. He had been torturing her to pay him money, arrange money from his parents to settle him in Australia in business. On the continuous torture one day when he tortured her a lot she called the police in Australia and narrated all the incidents that he has broken the cupboards and crockery and all that.. The police instructed the boy to leave the place and live separately till you have visa. At that time he had having about a month’s visa to stay in Australia.

To settle the dispute with mutual understanding, both sides of people belong to girl and boy’s in a meeting decided and the decision had been noted on Rs 100 non judicial paper that the boy’s family will pay this much amount of Rupees and all the jewellery which is in the possession of boy’s family will be handed over to the girls’ family and the boy will come to India and will file a divorce application in the court and the matter will be sorted out with mutual understanding. The date has been fixed, that up till the date within two months the boy will come and file the divorce case.

After two months the boy’s family turned from its promise. They said that we have no money to pay. Secondly the boy says that it is my own life’s matter who are you to decide on my matter. Thirdly they said that the boy will not come to India. Now whatever you like to do you can.

On this reaction. The girls’ family lodged the complaint with Police. The Women Cell police had been deputed for investigation. The boy’s mother and father visited the place and admitted and submitted the E-mails sent to them by the boy. In the E-mail it was also mentioned that the girl don’t give him much time to perform so I am unable and the parents confessed that the matter had been decided in the meeting held by both sides persons (Panchayat).

Now the boy’s parents has lodged complaint on girls’ parents that his son has been kidnapped by them and they have stolen the password of his son.

The girls’ side has lodged complaint under 498A against the boy’s family but till date no arrest has been made so far.

Kindly suggest solution.
riven

Amandeep Singh   10 September 2009 at 14:21

Meaning of Family Members under law

Sir
We have entered a compromise with a person that we have to sell our house in the open market. There is a condition that house cannot be sold to a family member directly or indirectly.So i just want to know relations covered under defination of family members and i am living with my parents one sister and a grandmother.riven

SABYASACHI MOHAPATRA   09 September 2009 at 22:52

legal heir certificate

my elder sister and her husband who resided at bhubaneswar died in 2007 and 2006 repectively.My nephew who is my sisters only son is living with my other sister's family at kolkata.My nephew is 13years old and is a minor.several of my departed sister and brother in law accounts with banks have been frozen since she died.My nephew would need a legal heir certificate in order to operate those accounts.Can my father who lives at Rajgangpur orissa apply for guardian and act on behalf of my nephew?.my sisters father in law is also alive but he lives at puri and is too old and invalid.do we need a succession certificate?riven

Atish   07 September 2009 at 15:31

The Dissolution of Muslim Marriages Act, 1939

In The Dissolution of Muslim Marriages Act, 1939 while the divorce case is going on and the petitioner i.e. the wife has left the matrimonial home and gone away on her own will, who has the custody of the 12 year old son and who is allowed to make the decissions. Request that it is a Very urgently needed an answer.
Regardsriven

sailesh   07 September 2009 at 14:51

Custody of Child in case Spouse takes away child

Ihave special case, my spouse has gone to her inlaws saying to my parents and me that she will return in 21 days with my child.Her brother had come at our home to take her.But after few weeks when we tried to call her back,she has been instigated by her brother who is a lawyer,that she will not return. We and my family members tried to visit her inlaws and had several times convinced her to comeback,but she is not heeding.I suspect she has been instigated and not doing good for my and my family.
We have now waiting for 3-4 months now but there is no response.What shud i do.? my child is @2.6yrs,what are the implications for filing a criminal/divorce warning .What are the repurcations i could be trapped or alleged as,her brother is a lawyer.
In case divorce is certain, and if i am employed what are the chances of custody of my child.Please reply and help.riven

Atish   07 September 2009 at 00:58

The Dissolution of Muslim Marriages Act, 1939

In case the defendant in a divorce case has filed a case with the petitioner's Advocate in the Bar Council for misconduct prior to the divorce case filed against the defendant, and would like the petitioner's Advocate to appear as a witness in the divorce case, then still can the petitioners Advocated appear on the petitioner's behalf and could the petitioner's Advocate refuse to appear as a witness in the divorce case.
Misconduct by the petitioner's Advocate was that he was previously handling all cases of the defendant and due to personal unethical practise the defendant had revoked the Advocates services and the Advocate finally filed the divorce case against the defendant on behalf of the petitioner who is the wife of the defendant.
Regardsriven

Atish   06 September 2009 at 22:45

The Dissolution of Muslim Marriages Act, 1939

What is the possibility of a mobile conversation present or past be recorded or encrypted in any way(maybe through the services of a detective) by the petitioner for a family court matter and would it have a stand in the court as evidence against the respondent.
Regardsriven

Ria   06 September 2009 at 14:55

Setting aside Interim Maintenance.

Respected Experts,

Mine is a divorce case and Iam the petitioner (party in person). The court had granted me Interim Maintenace in 2004.

My husband paid the Interim Maintenance for 4 years and later in since 2008 till date he did not pay me the Interim Maintenance. I filed a Recovery petition in the court for the same, so my husbands lawyer has now in 2009 after one year pleaded that the had Interim Maintenance be Set aside as my husband has retired from his company and therefore has no income.

Therefore:

1) Can I claim my arrears of maintenance to be paid from the Provident Fund of my husband which he recived on retirement ?

2)Would the court be justified in setting aside the Interim Maintenance when I do not have any other source of income ?


Please advice.

shahnaz   06 September 2009 at 12:10

Orphaned grandchildren share


Hello All,

I am a sunni hanafi,

Will Orphaned grandchildren get any share in their grand mother or Grand fathers property as per Sunni Mohammedan law..
or they are completely excluded from inheritance by their aunts or uncles.

referred book Mullah book (Bible), he has said in section 65 , as Son's son will get some share but he has not mention wther the son's father has predeceased his father or mother.

Please clarify..

Atish   06 September 2009 at 07:48

The Dissolution of Muslim Marriages Act, 1939

In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years and is there any right of the wife on the property on the husbands name where funds have been invested after sale of his parents property on his name.
Regards