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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

Adv. Deepak   05 September 2009 at 21:15

Divorce - Claim affidavit

Respected Members, Kindly advise me. I am a petitioner in divorce case and matter posted for filing claim affidavit. Can I include in my claim affidavit the facts regarding the issues that have appeared in the written statement of respondent and which I have not pleaded in my petition. Is it possible for me to do so. Please extend your valuable guidance. Regards.

Atish   05 September 2009 at 14:50

Reply to petition

In Pune, India in the family court, what is the maximum number of days granted to file a reply to the petition by the respondent if not replied in 30 days time.
Regards

MK   04 September 2009 at 01:40

Deed of Divorce

Hi,

Can you please explain me the procedure of filing of Divorce via mutual consent and what is a Deed of Divorce & Decree of divorce. When does it hold importance and is it a legitimate document?

What is divorce petition? Can the deed of divorce hold importance without filing of petition and can the divorce be granted within less than a period of 6 months?

Please advise.

Vineeth   03 September 2009 at 15:36

Secret divoce or Ex party

Could you please explain me what is Secret divorce/Ex party? and also explain what are the documents need to be produced, als please explain in detail about the process carried on this

Note: I have another post related to this,from where I arrived this uncture,please go thru it,for further details