Kumar Krishan Agarwal Advocate
11 January 2016 at 15:03
Dear Sir,
I filed a case of the unmarried sister against her brother that his brother not giving maintenance to her sister and also doing violence in the home. That he also not give her profits from the co-share of her ancestral property to her and also took her mother Gold jewellery in his custody?
I filed a case S.12 before C.J.M Magistrate in Uttar pardesh where he refused to lodged as the Magistrate said that PWDVAct 2005 is only for husband and wife and their relatives only. While I argue him that in the act the word "any woman" and the word "any adult male member" who have some relation to her or have living into it can file case under the said PWDVAct 2005 but he is not taking the case. Hence I request him to pass any order so that I may file revision before District Judge Court.
PWDAct 2005 - The Protection of Women Domestic Violence Act 2005.
Now Questions are
1. Are the bother and sister family violence ot comes under PWDVAct 2005.
Q2. What are the ruling that support for the brother and sister case to file easily and admit by the Magistrate?
Q3. What the real mean of PWDVAct 2005 and is other relatives of father mother , son , daughter, brother , sister,husband and wife all are liable to be prosecute under the PWDVA ct 2005?
Rest any further to say can be discuss here with the clarity of the PWDVAct 2005.
saroja
11 January 2016 at 12:54
60 year old issue less lady deserted by her husband from last 25 + years but divorce could not taken place.
In the absence of divorce, upon her death , her property will go to her husband
Can she seek divorce now ?
Deepak
10 January 2016 at 20:59
Respected all experts dt 11-01-2016
Good evening for all.
My Divorce case is at hearing stage. My wife file 491-A case against me and my family members, wherein one of accused was discharged by Hon’ble Session Court. Is there Hon’ble Supreme Court judgement /order stated that filing fake case against relative is amount to mental cruelty ?
if yes , can it is possible to mentioned citations of the samd.
regards
thanks
deepak
Anonymous
10 January 2016 at 13:14
I'm the elder son,
My mother as a donor transferred the property to my younger brother (as a donee) to he as a donee before 10 years ago in my absence now I had knew that it was done.
Whether I can suit against my brother for my property share whether I can succeed or not reply soon
Anonymous
10 January 2016 at 03:01
Dear sir
I am married since 10 years of which 5 years my spouse didn't stay with me, I have a venerable disease which I disclosed before marriage. She and her father knew but as the marriage was announced in relatives they decided to go on and further see options for better married life. After marriage I was under debt and hence decided to go for kid which could be possible only by IVF after 5 years as the cost are high and I wanted to clear my debts before any new big expense. She tried IVF thrice but not able to conceive. Now they are threatening me to pay a huge amount to nullify the marriage or they will file false criminal cases against me. Sir, what are the chances to be convicted.
Also my gold is with her but they are denying and alleged to have their gold instead with us
Please help and advise me
ROHIT GUPTA
10 January 2016 at 02:28
When the traditional concept of coparcener tracking from male linage including only male members has been dismantled with HSA2005 act in case of ancestral property partition including daughters,I want to know can the property held by great grandmother can be termed as ancestral property in joint undivided hindu family in any circumstances as the term copercener include both sons and daughter now. Will it be maintaining its self acquired property in all circumstances.
reetika
10 January 2016 at 01:53
Hello
My grandfather had 3 children, my father and 2 daughters. My father and my elder aunt ( Bua) passed away and only one bua is alive...my grandfather is also no more..wanted to know if my uncle that is my elder aunts husband who is deceased has any share in the property. ..My aunt has 3 children. ...kindly let me know if he hsa share....and if yes then wats the percentage. ..
Regards
REETIKA
PRAMODKUMAR
09 January 2016 at 23:13
1)A male 'X' done first marriage in 2010.
2)A girl child from first wife in 2011.
3)He again married to another girl in 2012 without the knowledge of the first wife and other member.Only Member of girl(second) were present.
4)'X' resides with the first wife.
5)Second wife now want to come out from Hide n Seek and want to live with the 'X'.
6)But his first wife and parents don't want to get interfere in this matter . They say only "we don't know any second wife , We will not accept second wife".
7)But second wife now giving threats to go to the court.
[ My query is that will police arrest him 'X' immediately after the complaint of his second wife. ]
Hussain
09 January 2016 at 14:11
Hello,
My name is Hussain. i am 25 years old. After my biological father death my mother got remarried to a hindu man. my stepfather is a gem of person and me along with my sister who is 24 years old are very close to him and vice versa. we are a happy strongly bonded family living together for last 10 years and none of us have changed our religion and do not wish to do it as well in future.
My Query is that there are no proper documentation in family my sister and my self have updated my biological father name in all the documents like educational certificates and identity certificates. Which i want to change name of father to my stepfather name in all the documents. whom do i approach in getting this done, will the different religion be a problem?
We were born in a city of Maharashtra, my biological father death took place in different city of Maharashtra (i did not make his death certificate), Now my entire family leaves in Karnataka.
The only document i have connecting the Family is a marriage certificate of my mother and stepfather.
Please help..
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Retrieving original docs and articles produced in trial before fam court
Info on Maharashtra Family Court precedure requested.
After the case got disposed what is the procedure to get back the the vital Original documents, Certificates, original articles, photo album, camcorder (although very outdated now! but recording of some ritual was done using the same and and recorded old cassettes could be played using only that camcorder and its sockets nolonger working!)
Does it need to file a new suit for this or misc application in family court.
I am told so far to wait for 90 days and that after 90 days one may get it back upon applicatio made in that context.
But at the time when those originals were produced additional set of photocopies of the same or photos of the same was ALSO given to Court (apart from a copy given separately to opposite party) and those photocopies are already given some numbers as Article NOS. and are kept in custody of Nazar.
Please explain me the procedure to get my Original records. all of them. (even in the documentary evidence I have filed Original although previous expired passports to showcase the dates of travel etc BUT one visa is still valid for next 1.7 years and I need it back although I have new passport but without the entry of that visa which is still valid.)
And my original albums as well and other articles and employment letters etc.
Do I need to file these by Civil misc application for return of my things in 'filing section' of Family Court where suits etc are filed?
Does that require to give notice to opposite side?
Would court schedule any hearing whether it is to be returned and when?
Some part of Original evidence is also required to challenge in Appeal as NOt all prayers are allowed and some although had merits are dismissed (especially streedhan. hence video clip at the time of wedding is relevant I need to produce it before High Court.)
Please please help