Family Law queries [1782]

susanth nair s 01 October 2008 at 08:09

domesticviolenceact

is there any provision under the domestic violence act for the recovery of householdingarticles and ornaments of the aggreviedperson,which is kept by the respndents plz provide latest caselaw

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shivraj 30 September 2008 at 21:37

in one case the first wife is demanded for partion in husband property which is ancestral in this time husband not supported to first wife and made will and sale deed of said property for not giving the benefit to first wife and discharge there right over property.After that wife filed civil suit against the husband for partition and demand the right over property.After few year husband died court note down following issues i.e
1.whether plaintiff proves that suit property is ancestral property of husband?
2.whether plaintiff proves that she is entited to claim partition and seperate possision in that property?if yes then her share? (imp issuee)plz reply.

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Legal Fighter 30 September 2008 at 10:03

conviction for self admission for the offense of "Giving Dowry" under Dowry Prohibition Act

Hi All,

If the girl has lodged false FIR and in her FIR she has admitted of "Giving Dowry" by her family members, doesn't it make them punishable for the offense of "Giving Dowry". The police generally doesn't act on this line. How to proceed to get them convicted for this offense.

Please suggest.

Thanks & Regards,
Manish

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Legal Fighter 30 September 2008 at 09:51

If Domestic Violence Act retrospective in operation?

Hi Experts,

I have read that all the newly formed statute are prospective in nature if it is not specifically mentioned that the statute is retrospective in its operation. But the courts are taking contrary view and putting the Domestic Violence Act as retrospective in operation though nothing is specifically mentioned for the same. Also Domestic Violence Act being quasi-criminal, may attract binding of Section 20 of Constitution of India for violation of fundamental right due to its retrospective operation.

Can you please provide me some supreme court judgment which clear this ambiguity of operation of a new statute?

Thanks & Regards,
Manish

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jayachandran 28 September 2008 at 11:00

single or divorced

A wife ran away with her paramour on the next day of her marriage and later filed divorce petition and the same was ordered exparte.
My question is "whether the husband" is a "divorced" person or a to be called as "single". What is his status in the society

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SIVACHANDRAN 26 September 2008 at 18:51

Muslim Divorce and restitution

In which court having jurisdiction to dealt with the matter of muslim divorce and restitution of conjugal rights?
Whether lowest civil court or sub court having jurisdiction to dealt with the matter?
Since the muslim marriage is a contract?

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Ajit 25 September 2008 at 08:03

Marriage Certificate

I have been married for past 6 years. But my marriage is still not registered. I need a marriage certificate for visa formality to some country. I got married in Delhi and presently i am in chennai. Its not possible for me to go to delhi for this purpose. Can i do court marriage with my wife in chennai and get the marriage certificate here? If yes how to go about?

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ARVIND JAIN 24 September 2008 at 17:57

divorce with mutual consent

In case of divorce with mutual consent can 6 months waiting can be waived ? any cae law on the subject?

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Ashish M 24 September 2008 at 14:24

How to disown an adult child??

I hve a friend who is Psychic in nature......He used to talk about aliens, says he has execptional powers to know in advance the future and also claims to hve known various aftermaths in advance dat happened reently (fool and psychic).

He sits at home, do nothing and used to harshly beat his father who runs an ailing business and his sister who works day and night........make big talks and do nothing but abuse them and beat them.........

they hve got enough of it and now wants to disown him.........

they tried to send him to the mental hospital but it says that he first has to be brought to the hospital which is in no way possible as his father is too old to control him and a sister only.........

police is also several times reported but it comes at home, say him a word or two and goes........which don't hve any affect and he do everything with impunity.........

kud u pls tell me the procedure to dis-own him without any long legal hassels and the rights getting vested with the family thereof........

and also any way if not above, how to sent him to the mental asylum,

pls help.....