vijendra dudi
21 April 2014 at 11:43
SIR,
This query about my sister-in-law(younger sister of my late/deceased wife, her husband expired in a train accident on 20 March 2014. On friday 11 Apr 14,my father-in-law(i.e. her father) taken her to their home permanently but on that time unfortunantly her in-laws taken whole ornament from her and due to that action as a anger my father-in-law taken a few items of dowry material(not whole as marriage was done in 2000 as child marriage and major items they have taken). In my view, before taking this action,they have to discuss this in front of some important person of village but in anger they have taken such false action, which only fill sorrow and dishonor of her life.
So i requested to you provide a guide of her rights over that ornament and property[her father-in-law now have only married daughter as her husband was lonly son of her father and there ancenstral property is a ancestral house and 22 bigha(Rajasthan state standarad)] of her deceased husband. she is 26 yrs old and have no childs and now residing with her father's home(i.e at my father-in-law's home) and also give suggestion if situation change as if will do remarriage with her in future as my wife has deceased on 24 dec13 due to cancer and i have two kids.
Bab
20 April 2014 at 19:32
Dear Sir,
My problem is very different.
I need your valuable suggestion regarding my marriage problem.
I was engaged with bride on mar/14 by mutual understanding of me, bride and our both families in presence of our relatives and marriage mediator and marriage date(May/14) was also finalized on engagement date as per Hindu tradition and culture in restaurant.
At the time of marriage discussions, bride’s father himself offered some properties as a gift to her daughter and some money for our marriage expenses. We also offered gold to bride for marriage which costs equal to some money which offered by her father.
Before engagement, bride’s father gave us half of some money for marriage expenses by mutual understanding in presence of relatives and marriage mediator.
After 40 days of engagement and before 2 weeks of marriage , her father told that they want to cancel the marriage due to horoscopes are not matching and if she will marry me, she will face lot of problems in future as their astrologer said.
My family has reputation in society and we have lot of relatives. We already said to all about my marriage. But bride family dropped marriage due to horoscope mismatch.
I feel now that my marriage life was spoiled due to cancellation of engagement and ours is very traditional family. It is not that much easy to marry another girl practically and also my family dignity was spoiled in society. We all are requested bride’s father. But he refused.
I and my family want to get justice from bride’s family. We want to fight legally to punish them.
With regards,
amit
20 April 2014 at 14:17
I stayed in Mumbai for 7 years out of 8 years of our married life. One day without my knowledge my wife left home after calling her brother and took away our 3 years old daughter and all costly items (jewelry, my silver coin collection, my business cash & all her documents including her cheque books) with her. She went to her fathers place in W.B. after filing a complain(NC) at the local police station at Mumbai stating that I physically abuse her for small reasons and use foul language for her parents. I went to the police station to search her when she did not come back home & I found her mobile switched off. I found out about the complain and submitted a letter with acknowledgement in the reply stating the facts. The information that her brother has come was given to me by the police itself. I have never ever abused her physically & she has never even had the smallest of injury in 8 years of our marriage.
She filed an FIR under sec 498 A,504,34 against me and my parents and married sister after 17 days. She has stated this fact in her FIR that we used to stay alone for last 7 years. All of us got AB from Kolkata high court.Now I want to file a quashing petition by only co accused.
She has given all cause of action in Mumbai and there is no mention of her fathers place where the FIR has been registered. No proof has been submitted with the FIR She has used the name of co accused only in one line saying my father, mother & sister provoked me to do all such acts of physical and mental torture.
She wants divorce ASAP and also alimony by selling my parents flat which they recently purchased. But I have decided to fight it out and also want her back by giving her time and space to cool off and want her to go through professional councelling sessions with me (which she is avoiding) before taking such harsh step of divorce. I also want to defeat the mindset of blackmail by misusing women protection laws for getting out of the marriage quickly.
My question to the experts is whether the co accused should go ahead with filing the quashing application on the basis of lack of jurisdiction & vague alligations on co accused or should they wait for the charge sheet and then proceed for the quashing.
She filed two more false cases on me subsequently when she came to know about my bail. Please advise.
INDIAN LADY
19 April 2014 at 19:57
Respected experts. In the HMA 13 case filed by my husband in Patila , which is transfered to Amritsar , I got the summoned to appear in the court and I appeared personely with my lawyer but niether my husbad nore his lawyer appeared in the court. My advocate requested for dismissal of the case but Judge told that summons copy is not received back which is sent to my husband and said that he will send the notice and in next date if he will not appear then he will dismis It. Where as we observe that advocate of my husband in other cases 125 , CRR 125 , was moving there and noted the along with his clerk and we read the cause list and found that he was not having any other case in that particular court. We requested to judge that his advocatev was here in the court but he said he has not appeared here and given the next date. The reason of not summoning was he has given the adress of his aunty in Patiala where as he is living in some other city . Now my query is should I tell to court abt his new address to serve the summons or request for dismissal of the case ? Suppose the case is dismissed then can he file the HMA 13 case again ? If no then it is ok if yes on the same grounds or new reasons ? Is there no restriction to file the same case again and again ? My elder son is with my husband for last one and half year and younger son is with me which is of 15 months. I hv not filed child custody yet for my elder son will it create any adverse effect on my other cases ? Kindly advice.
house wife...
19 April 2014 at 18:54
RESPECTED MEMBERS...
i filed DV on my husband 2 months ago.2 hearings passed but my husband or any of relative ,lawyer didnt came on any hearing.on first hearing judge said she will not send summons again.on second hearing she passed exparte orders in favor of me...
my husband is govt employ
ques 1.--why he not attend the hearing?summons are served i gave address of his office also....
ques 2. will judge pass orders to me of residence in his house? which is on his mothers name?
ques 3. what should be my next step now..???
very thankfull to u....
sunil kumavat
19 April 2014 at 12:51
i had marrage in1998 and seperated in2009. i m a govt officer and my wife bams doctor working in pvt hospital and has shown salary of 12000 pm. we dont have kid.i have house at nsk and now my wife has possession of it. she has filed case under domestic voilance on me in 2011. and now court has passed order that along with house i should give her maintenance of 8000 pm. order passed on 5/4/14. house loan emi 8600pm is paid by me . my net salary is 45ooo and in hand salary is 28000. and now due to some reason i m suspended from job and not receiveing any salary from nov 2013.
pl guide me .
thanks . sunil
ChandanLawyersclub
19 April 2014 at 12:29
Dear Experts,
I am 37 years , my wife 35 we do not have Kids married last 10 yrs, my wife is not interested in Kids and do not come forward for treatment also, but I want to adopt a child. I do not want to break my marriage.
My Mother, my in father in law and mother in laws are has given me the go ahead, and they will support me raise the child. I am financially sound , I have saved money for Child. I am in good job.
I approached a adoption agency they said both husband and wife need to give the consent. But my wife is not giving thinks child is burden, phobia.. But her parents has promised to help to grow up child.
I do not want break my marriage after evaluating lot of pro and cons. Since I see child is only emotional issue in my life.
Can I adopt without consent of my wife . My Mother 75 , Father in law 65 , mother in law 60 can give consent in writing.
Thx
Chandra
abhishek
19 April 2014 at 11:05
Hi
my wife left me 6 month before and i am trying to meet my child on regular basis.
i do not know where they are staying or phone number is also changed , her brother in law (Sister Husband) use to guide and suggesting to take full property of mine . i have already given 50 % property of mine to my wife name.
i have filed section 9 to bring her back.
please suggest i want custody of my daughter.
Shweta Bagkar
18 April 2014 at 17:23
How to take permission for adoption of child and in which court ?
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Divorce lawyer
any good divorce lawyer in kalyan family court.Pls assist