Amit Oza
26 September 2013 at 12:07
one of my friend is going through a rough time. his marriage took place 2 years back.he has a daugheter 1yr old.yesterday when my friend was out on work. her wife parents came with police and took her along with the child.she also took the luagguge with her.except the jewelery as it is in bank locker.what should be done . please advice .
Rao
26 September 2013 at 09:16
Wife and husband(both are indian citizens).are in u.s. Kids born in u.s are citizens .husband threatens with divorce.in us, he may get divorce easily, but since they are married in India under Hindu marriage act,can the divorce be challenged in indian courts. Can the wife take children away from husband and move to india
Anonymous
25 September 2013 at 21:40
Hi, my wife has filed a case against me under Domectic Violence Act. Thisis going on for a year now. In the last hhearing, the judge has passed the order to pay 10,000 per mnth towards my child who is 2 yrs old and in her possession. Is there any way i can challenge this? If yes, on what grounds? I have also filed a divorce cade 2 mnths bck for wch i got my next date of dec.
Sujith
25 September 2013 at 16:57
Dear experts in dv act can a husband has the right to file case against wife for section 125 crpc
mrgop
25 September 2013 at 11:25
In a divorce case the respondent, husband, takes the stand that he is neither ready to take the wife back nor ready for mutual divorce. Wife has expressed willingness for both options before the judge.
So, in this situation, can judge enforce any of both option on the husband, or can judge take any action or adverse reference on husband?
vasukvs
25 September 2013 at 10:06
Hi All,
I would like to know one thing the petitioner husband threatening the wife I will go to abroad you can't do anything like that, is it possible to stop his passport by complaint in local police station or is there any other way kindly help in this regard
Thanks a lot
anil Kumar
24 September 2013 at 23:18
Dear sir /madam
my friend's wife have filed a case on husband dv &atrocity &harrassment.if he doesnt hv any one to give bail, how many days he will be remanded in jail and what is the procedure after coming out ,did he should attend the case ??
&one more doubt
she demanded 20lakhs for giving divorce
so can we negotiate the amount
Gajender sharma
24 September 2013 at 22:26
if a complaint u/s 12 of DV Act was withdrawn by the complainant at the stage of final order on some technical ground. court has permitted to file fresh complaint. whether a complaint under DV act can be filed twice?
Abeda S. Banu
24 September 2013 at 19:47
We are married for 9 years. Don't have any child. Due to adjustment problem arising day-to-day, we decided to be divorced as soon as possible. Till now we are living together. We married under Special Marriage Act as our religion is different.
I (wife) will be thankful if anyone state the proceedings of this divorce. I have few question regarding this issue-
• I do not want any money from my husband as I am a working woman.
• Is it safe to live under same roof after filing for divorce? I live here alone, and he comes once in a week.
• As the flat I am living is of both, what will be its future? I want to transfer it to his name only, But a Home loan first applicant is me and he is the 2nd applicant. He agreed to bear the EMI and give the money as applicable which I paid for Home Loan.
Thanks.
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Possession of child and remarrige of widow
Respected all,
I respect the qualification and professionalism of all the experts of this site. I have a query which is related to my family and the nature of this is quite serious. However the facts are as follows
" I lost my jijaji on 23.10.2011, due to silent heart attack he died, when we reached to hospital to attend him he was no more, so at that time we were helpless to do anything as the things were not in our hand. In his Family One daughter, one Son, My sis (his wife)(these all lives with us since 05.11.2011).
Apart from these his parents, two sister (both are married) are there.
My sis got married about 8-9 years ago with him. They were not so much financialy strong and all the jewellery/gold have been sold by them and my sis never used that in her entire married life. They always keep on saying the gold/jewellery is in the locker but they sold that. My jiju was hard working person and he always tried to do better but failed as the necessaties were too much high. On 23.10.2013 my jiju died.
As since last 15 years father of my jiju is workless he is not earning any thing. so my sister decided to stay with us along with her children.all the things which were given in her marriage is also in the custody of my jiju's parents. they have either sold that or they are using those things. we don't know they have changed there house at some other place about which we don't have any information.
And her inlaws never come too see her and her children that how they are surviving/living.
NOW we are planning for her remarriage and the and get her settle down along with her children and the man with my sis is going to do marriage now is also accepting her with her children.
But the parents of my jiju now asking for custody of the children and they just want to have the children they don't want to give the children to my sis for any longer.
My jiju had one Insurance policy and the amount received from that policy are now for Deposited as FD for his children.my sis were nominee for that amount.
Now in this circumstances I have following questions please let me know about all of your legal openions and questions are as follows :
1. Can my sis get remarried ? can her old inlaws can creat any problem in her marriage ?
2. Can law allows her old inlaws to have custoy of the children?
3. Can we file suit/FIR for the jewellery/gold/other thing which are still in their custody?
4.For insurance amount her inlawas can claim for any amount as she was the nominee for that amount and the same has been used for the FD of her children which can be used for the future of those children.
5.what are the las and section which are applicable to this particular case? any leading judgment of higher court ?
Respected all this is a request to have knowledge about the law related informations from you professional in to this case. Please let me know about the your views please..
Thanks
Avinash Soni