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mehamood pasha   04 December 2013 at 03:40

Guardian of a parentless child

who is authorised to act as a guardian after both father and mother's death of a hindu minor child.


















koustubh bhide   04 December 2013 at 00:00

Marriage without changing the previous religion

girl (christen)wants to marry a boy who is a Hindu by religion. she wants to marry him but does not want to change her Religion after the marriage. is it possible? boy also not wanted to change his hindu religion after marriage. so is it possible that marriage or court marriage by both way can they still be with their same religion?

Irshad   03 December 2013 at 22:36

Daughter in law share in motherinlaws property

Hi,

Pls let me know can daughterinlaw claim property which is in my motherin laws name.
pls advice..

Amit   03 December 2013 at 15:54

Dvc problems

Hi,

Brief facts:
My wife filed DVC and as part of that asked for residential order to stay in the house owned by me. Magistrate has ordered to pay rent instead since we never lived in that house and hence it's not a shared household.
My wife went for an appeal to Session court which reversed the magistrate's order and passed order to let my wife stay in the house.
The house is currently tenanted (from a long time).

Today, my wife came and forcibly got one room vacated and placed her luggage in that room. All this happened while I was away. She brought police along with her.

My questions are:
(1) Don't we have one month time to file an appeal?
(2) During this appeal period, can she forcefully come and stay? Police accompanying her said that she got the order to stay.
(3) The house is now locked by her. What are the next steps for me?
(4) Can I tell the police (in the PS) that appeal period is not over yet?
(5) How do I get her vacated now? I'd like file in HC against the Session court order.
(6) Can she say in HC that now that she's staying in the house (from few days), let her continue to stay?

Thanks

Ajay Sharma   03 December 2013 at 15:34

Application under sec-31 of dv act

Dear Experts,
Would request your urgent help...

DV and divorce are ongoing with my wife. MM has issued and interim protection order to wife, but no restraining order. Few days back, I saw my wife talking with a man i despise on a road. I thought I can click their pictures and use that as proof of adultry. While I was clicking picture they saw me, I got hold of this guy and gave him a sound thrashing. I also filled a complaint under 107/151 with local police station. In the police station I had an argument with my wife, where i said she can't meet outsiders without my permission, till the time divorce is pending. The guy took notice bail from court. Now I got to know (from an informer in their family) that they are planning to move an application under sec 31 for breach of protection order. They also have recorded the argument in the police station.

Can fighting with a guy talking to my wife be taken as violence on her??

What are the chances of application under sec 31 being accepted?

Am I in big mess?

What should I do to safeguard myself.

Please help ..

Vijay Kumar   02 December 2013 at 18:48

Contest divorce

Hi

My wife filed 498A and DV case and case is pending for trail and almost 2 years passed. Should i wait until 498A trail is closed for positive decree or i can go with divorce petition on grounds of desertion(3 years-no children).

1)Is there a way to get speedy Divorce with sec 21B(this should be filed in which court-family court ?criminal court ? civil court ?)
2)can we challenge the decree in higher courts if we file petition in one of the above 3 courts & fast track courts ?
3)i heard it will take 5 to 6 years,even though we have enough evidence of cruelty.

Ramesh   02 December 2013 at 15:36

Name change

Hi, I am Ramesh here. Iam from Andhra Pradesh and currently staying Bangalore. My surname was wrong in my certificates and all other ID proofs like PAN Card, Passport. I want to change it. I have a property in bangalore. What is the procedure to name change and what is the procedure to change the name in my property docs. If I change here will it applicable every where in india ? or Am i need to do anything in Andhra Pradesh?

Please suggest me.

THanks,
Ramesh

rohit   02 December 2013 at 15:12

Domestic voilence

After 12yrs of marriage my wife filed a 498 case against me and my family in April 2012. We were staying separately without any contact from May 2011 and now in October 2013 she again filed a separate domestic violence case against me and my family. It was the same complain as she did in April 2012. Is there any time period restriction to file a domestic violence case after filing 498a ?

Gopan   02 December 2013 at 12:16

Appeal to district court from family court?

Is there any provision for appeal from family court to district court instead of high court?

In my case, FC allowed the trial of witnesses from my side, respondent, while pending the marking of doctor's prescription, submitted by petitioner, through the trial of doctor.

Can I go for appeal to district court or any other court lower than high court?

Vinit   01 December 2013 at 21:19

False dv case

Hi All,

I am a victim of false domestic violence case. I got married on Feb-2013 and my wife stayed with me for 5 months and left my home on her own without informing me on Jul-2013. Next day she brought her mother and brother and took away all jewellery and belongings. I have not taken a single penny or dowry from my in-laws. Now she has filed false domestic violence case against me, my parent, brother and sister-in-law. I tried all possible ways to save my marriage but all my effort was in vein.

I went to her home to bring her back but her brother had physically abused me and my wife supported him for the same but thinking that it’s a family issue I didn’t file NC/complaint against him in police station (big mistake of my life). Her mother asked for written document from me stating that henceforth I will stay separate with my wife and not spend any single penny on my parent or meet my family members in future then only she will send her daughter back to my home but when I checked my wife readiness or her view on the same by calling her on mobile then its seems like she was not interested to come back but trying to portrait my picture as cruel husband and she is very innocence abla nari .


After she left my house, her mom informed my sister in law during their telephonic conversation that her daughter used to share all day to day happenings with her on regular basis and she also used to check all family members mobile phones and personal documents so we know each and everything about your family.

Since our marriage I had observed that she was not interested to talk or mix up with my family or with me though we tried our level best to make her comfortable in my family. We were in such impression that she will take some time to open up as she is not used to stay in joint family as she was staying with her mom and brother before our marriage. She always used to remains in her own world and every night tries to bring some odd topic and start fight on the same.

Our marriage was arrange marriage and she forced her mother to get married with me but after our engagement she used to fight with me on petty issues and after my marriage it was nightmare. I am not sure whether this marriage was done with all good intention.

Please provide me legal advice to tackle and come out from this situation.



Thanks,

Vinit