sushma
21 July 2017 at 18:07
My brother got married to my sister in law, after i got divorced on mutual content she filed the divorce and 498 against our family. my name was also there wheras I didnt live with her any time. Can I remove my name from this case ???
Prosanta Ghosh
21 July 2017 at 17:31
My wife leave 05.05.2015 from my home. in the mean time we have contacted each other. Now i found that she got Ex parte divorce on 31.01.2017. But I didn't receive any kind of summon or meet any person with that kind of summon. So, my first query is that is it possible for her to get such kind of ex parte divorce while I was fully unaware of the proceedings? If so, then please help me so that I can proceed further to save my marriage as I don't want to get the divorce?
Mohammed Rizwan Shaikh
21 July 2017 at 00:27
Sir,
My friends mom who is a widow (Muslim), her husband expired in the month of Jan 2017. Her deceased husband had 3 sons from his first wife wherein 2 sons expired. The surviving son has filed Testamentary Petition in the High Court of Bombay for the letter of administration of the deceased property without including the widow as legal heir of the deceased. The 3 flats which were clubbed to 1 are in the name of his Grand-Daughter (1 Flat) and his former wife and deceased husband (2 Flats). The surviving widow is on the verge of intervening in the Court matters filed by the deceased husband and even filing Caveat in the Testamentary Petition.
Can anyone disposes her from the flats?
What legal remedy can be adapted in order to safe-guard the property and herself?
Regards,
Mohammed Shaikh
Anonymous
20 July 2017 at 18:21
My ex has filed an OS suite in family court to claim for some asset that was purchased by me after marriage ( and not given during marriage time as explained in sec 27).
Does family court has jurisdiction to try this matter?
Hope to receive guidance from you expert.
Garima Randhawa
20 July 2017 at 13:03
If both husband and wife are filing a mutual consent divorce and the wife has made a Poa and she gets it attested from Indian embassy in Australia and sends it to India, does the father in India will have to get the Poa registered in India? Even though the Poa is only for court proceedings of divorce and not related to any property.
Anonymous
19 July 2017 at 18:10
If both husband and wife are filing a mutual consent divorce and both are nri and only husband is able to come to India to file the petition. Can the wife make a power of attorney from Australia,in favour of her father to file the mutual consent petition in India.?
My second question is if the wife can make Poa and she gets it attested from Indian embassy in Australia and sends it to India, does the father in India will have to get the Poa registered in India? Even though the Poa is only for court proceedings of divorce and not related to any property.
Anonymous
19 July 2017 at 14:34
hi good morning hope you have a great day ahead one of our college has suggest about you that your organisational are helping the women's.
actually issue is that we are staying in our room from last 17 years along with my two childs. i bought room in chawl in the year 2000 worth rs 150000 and 50000 expense has been done for repairing the room total that we have spend on room is rs .2 lac's now my brother is doing issue stating that the room is belonging to him, actual ownership proof has been stolen by himself original documents such as sale agreement,and make all electricity bill , ration card aadhar card on his name .with the help of neighbor my brother has make a fraud signature of owner to make duplicate stamp paper to transfer ownership proof.
we are helpless now what we can do in this case we have no such a documents accept we are paying all electricity bill by cheque and a voice records of my mother stating that this room is belonging to me and i have given 2 lac's rs for buying the room.
my brother use constantly thretening to me and my child leave the room but we just keep fighting for it but in our area he has spread wrong things about me calling me as a prostitude and some wrong alegations on me. i m doing small works in society for cleaning house , washing there cloth even i had clean bathroom.. my brother has treaten to me to repaired the room ootherwise i 'll kill you. even i had lodge a compliant against him in police station i had given the contract for repaired the room but my brother has make a complaint to police saying that without my permission she started to repaired the room and stop the work and police are also not listening to our side after one day he started repaired room my all material worth rs 15000 has been trow out and after complition of work he had a put a lock on door all the gas shegdi, tv , cloth and other things are lying on that room we are trown out of the room but all our luggage are in our house. when i asked to my mother to give me key of room she just tell that ask to your brother to give on 28th jun he had try to kill me but my neibhours has save me otherwise i ll b dead. so just need your attentionon following issue what we had discussed above what should i do should i leave the room our should i fight i just required your help for above isssue discuss
sravan
19 July 2017 at 12:32
Sir, A family entered into unregistered partition deed in 1988. As per this deed the properties leftover for maintenance of parents are to be divided equally among 3 brothers. Later father expired and his share in leftover property is divided among them equally.
Now mother wants to gift or sell to others her share of property by violating unregistered partition deed , as this property was purchased by herself and she claims abdolute ownership over it... wat are the legal implications in this.. can anyone challenge her action in a court of law.
Please respond sir.
Anonymous
19 July 2017 at 12:27
Sir, A family entered into unregistered partition deed in 1988. As per this deed the properties leftover for maintenance of parents are to be divided equally among 3 brothers. Later father expired and his share in leftover property is divided among them equally.
Now mother wants to gift or sell to others her share of property by violating unregistered partition deed , as this property was purchased by herself and she claims abdolute ownership over it... wat are the legal implications in this.. can anyone challenge her action in a court of law.
Please respond sir.
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Divorce on mutual consent and affidavit
We got married on 18th Jan 2017 at Ahmedabad and my wife wanted to go to see her parents and said that she is home sick and could not wait more. She is from Nashik and her brother came to pick her up on 2nd April 2017. There was no fight/disagreement/anything unusual.
After going there, my in-laws called me on 21st April 2017 that they are not willing to send my wife back and want to end the marriage because she cannot adjust with us anymore. She did not tell me anything when she was here.
I went to Nashik with my sister the very next day on 22nd April 2017 and called them to talk about what is the matter and I wish to resolve all the issues. They at first refused to talk or meet, but then we held a meeting. Things did not work out and she and my in-laws unanimously told that they are not willing to continue the marriage. I felt like I am being forced to leave the marriage.
They told that she is unhappy because she had to be home all the time, my mom has spoken harsh words on her and she has to do all the household work along with my mom (We never had a maid).
Now, all her clothes and educational certificates are with us with they are demanding along with the gifts that they have given to me or my family during the ceremony.
1. I just want to know do we have to file an affidavit that no one will file any case against each other and we are returning all the belongings to her before the MCD decree or should all the belongings be given at the time of MCD?
2. Suppose we notarise an affidavit and mention that no one will file any case against each other, then can she file a false case of suppose 498A, domestic violence, etc. after getting all her belongings? Because there is no trust or we cannot understand their intentions. What happens after that and will the affidavit have any value in the false case? Can I be secured against false cases by this agreement or she will have all the rights to do anything and the value of this agreement will be disregarded in the eyes of law?
3. Can affidavit be filed at Nashik instead of Ahmedabad, because my in-laws are saying that she will not travel to Ahmedabad anytime.
4. What is more secure, MoU or Affidavit or MOC?
Thank you in advance for your advice!
Regards,
A needy person