Member (Account Deleted)
20 December 2015 at 09:08
I am assisting a aggrieved lady for seeking right of residence under section 17 of PWD Act
The lady recently retired from her defense services where she was continuously posted outside Delhi.
Now she is being denied entry in her own house
The house belongs to her late husband who expired in 2005
The current occupant his elder brother i produced some will and sought probate but on lady's intervention in court probate was revoked by the court. Now Her suit for challenging will and eviction is also pending with probate trial since 2009 in a civil court.
1. Can PWDVA act operation for rights of residence be stopped because of this pendency? Is not PWDVA act focused on question of right of residence and not on right of title or ownership which is separate jurisdiction, and for which purpose that is to give priority relief to women,this act was promulgated as additional law?
2. The judge declined to take written arguments by lady and insisted on oral argument. Is not it a choice of litigant whether to submit oral arguments or written arguments?
3. Is not written argument more desirable and superior to oral arguments.
vaijanath
19 December 2015 at 21:47
I have got divorce by mutual consent 13 B of hindu marriage act.
Now my ex wife has filed maintenance under crpc 125.
Is it maintenable in court of law?
Because section 4 of act 125 says that she is not entiteled to maintenance if both are living saperately by mutual consent.
(.4 No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.)
I am attaching one case law
No maintenance to wife living separately by mutual consent: HCSaurabh Malik/TNSA perusal of Section 125(4) of the CrPC reveals that wife residing separately by mutual consent is not entitled to maintenance. — High CourtChandigarh, February 12The Punjab and Haryana High Court has ruled that a wife residing separately by mutual consent is not entitled to maintenance.Justice Paramjeet Singh has also ruled that a wife is not entitled to maintenance when the couple is residing separately after divorce by mutual consent, and has accepted lump sum amount of maintenance as a full and final settlement.With this, the HC has laid to rest the controversy on the entitlement of a divorced wife for maintenance till she remarries. The ruling came on a petition by a woman for maintenance. The marriage between the petitioner and her husband (now divorced) was solemnised on November 4, 1996. Initially, the husband filed a petition under Section 13 of the Hindu Marriage Act for divorce. But during pendency of the petition, the parties jointly moved for divorce by mutual consent.During proceedings, a compromise was struck and the wife got Rs 1 lakh from the husband towards “full and final claim of maintenance”.Her counsel contended that a divorced wife was entitled to maintenance till she remarried, even if the divorce was with mutual consent and money was received in lump sum in lieu of maintenance as full and final settlement.The husband’s counsel submitted that maintenance was paid by the respondent to the petitioner in final settlement.Referring to Section 125(4) of the CrPC, Justice Paramjeet Singh said a wife was not entitled to maintenance, or even interim maintenance and proceeding expenses, from her husband if she was “living in adultery”, or refused to live with her husband without sufficient reason or if the couple was living separately by mutual consent.“The case of the respondent is on higher pedestal. Firstly, because the petitioner got divorce by mutual consent and thereafter she is residing separately by mutual consent. Secondly, she accepted a lump sum maintenance as final settlement and that stands paid.”Justice Singh concluded: “After divorce by mutual consent and when the parties are residing separately and lump sum maintenance as final settlement has already been accepted, petitioner-wife is not entitled to maintenance.”
krishna kant dubey
19 December 2015 at 17:28
My brother-in-law was married in the year 2009. he does not have any child from this marriage and now he is planning to do second marriage.
His wife has no problem in a second marriage and she is ready for that, but she does not want to give divorce.
I would like to know that
what are legal formalities for second marriage without divorce with wife as she is agree for this.
or he has to take divorce first.
he is looking for expert advice.
Member (Account Deleted)
19 December 2015 at 13:19
Hello to all who can help,
In the event of the father disowning an adult daughter, does she still have a claim to ancestral property? The property cannot be sold without the signature of the daughter I am told, but in the event of forced signature what steps can be taken? Can provisions be made to ensure some sort of compensation before the sale so as to not harm the parent-child relationship? Otherwise must the daughter go through a legal battle to ensure her total share is gotten fairly... ?
Anonymous
19 December 2015 at 11:31
I love a girl(Reena), we want to do intercast marriage.our parents don't agree with us. Please tell me about court marriage or any other way.
How to apply for marriage?
Ravi khanna
19 December 2015 at 10:16
In response to your suggestion Mr.P.Venu , sir , I redraft my query in real shape as under :- Hon.High Court awarded us mesne profits in respect of ancestral property before 9-9-2005 but execution took some time,about one year,and Hon.Lower Court calculated amounts as per succession (50% to son & 50% to wife & 3 daughters and 1 son ) in early 2007. So the son received 60% and the rest 10% each(40%). Father died in the year 2001. But daughters are now demanding equal share in mesne profits as well as monthly rent. Now in the light of Hon.Supreme Court judgement where does daughters' share stand today - whether 10% share or Equal share or No share. Kindly enlighten. Thanks
MD WAKIL
19 December 2015 at 09:58
My sister in law has been tortured mentally ,physically since her married lifeof12 years ,recently her husband beat her in such a manner that she received 16 stitches and 4 broken teeth.The problem is compounded because her step mother comes and fight with her instead of supporting her ,her in laws knows that if they kill my sister in law,no body would turn up to question them.She has a daughter aged 8 years and a 5 year son.She wants to lodge a case but she is afraid that she would be thrown out from her husband home and her step mother would want her to die than to come home,what legal remedies are available to her ?
Ravi khanna
18 December 2015 at 22:01
Thanks very much Mr.Bhadra for such a prompt reply. But just one more thing. So if father died before 9-9-2005 daughters will have absolutely NO SHARE or some share as per HSA 1956? And if daughters have taken some share prior to 9-9-2005 will they have to return it ?
pummy jain
18 December 2015 at 21:35
my marriage was solemnized on 18/11/2010 with hindu rites and rituals. on 06/03/2011 she left the home and till now she is living with her parents and we dont have any issue.
during 2011 only we both had 11 meetings but result in vain.
in 2012,2013,2014,2015 i never met her but in 2012 her parents met us in a social program but no result. in feb 2013 my parents met her father at his working place but again no result.
in 2015 my father's friend went to her home twice and decided for a meeting in which only her father came without her so meeting was cancelled.
after that day they rang me up many times and threatened me for dowry cases etc.
although meanwhile i also rang them up but only 4-5 times.
one day discussion got hot from both side.
on 28/5/15 i file RCR which got registered on 22/6/2015 but summon did not delivered after three dates then she filed 498a and dv against 7 members but in investigation of 498a only me is accused by police.
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Maternal property distribution
Dear all,
My mom has no brother and only sisters. Few months back my maternal grandfather passed away. Now the situation is that one of my "mausa" along with the support of other "mausa" and "mausi" is looking to sell the properties and get away with the money. They are not letting to distribute the properties equally between all the sisters.
Could anyone please tell what's the way to not let this happen? Is there any way to claim rights in the money got through the selling of property?
What would be the legal way through which we can assure that property is equally divided between all?
Thanks in advance!