akshaya
15 February 2013 at 21:18
1)PROBLEM
Sudha aged 19 years from a well reputed family , falls in love with Armaan(20 yrs) who was studying in the same college as hers. And were also working in the same call centre as hers. Sudha knew her parents won’t give permission for their marriage , so insisted Armaan to elope her. Though Armaan was not happy with the decision. On 23rd February , 2010 Sudha married Armaan near a temple in presence of two common friends. Subsequently they went to the court when they met a person who asked them to get into an agreement with respect to marriage. Both signed a document which was of 100 Rupees. Non judicial stamp with non judicial stamp with the signs of their friends at witness.
Subsequent to that , they informed the parents of Sudha via phone call. Her parents outraged her act that Sudha had done , and they did not want to ever see ever again. But Armaan’s parents accepted them and allowed them to reside with them. After a couple of months , Armaan started torturing Sudha and forced her to get a job for herself saying that his income would not be enough to run the family. Sudha agreed to do it after a month in July 2010. During subsequent months Armaan left his job and started torturing Sudha. Sudha did not say anything out of fear that as she had no place to go if Armaan forced to leave matrimonial household. Even Armaan’s parents supported Armaan.
Sudha stayed with him till 18th March , 2012 ; after she was unable to bear the torture inflicted by Armaan. And she approached an NGO who helped her to get in touch with her parents , who getting to know about their daughter took her home back. Sudha’s father adviced her to take final decision as respect to marriage. Sudha accordingly consulted an advocate who filed a divorce petition in family court on behalf of Sudha.
The matter is pending in family court for final agreement.
(i am a petitioner)
Khaleel Ahmed Mohammed
15 February 2013 at 16:19
Early marriage as a solution to reduce incidents of rape, which have soared in recent months in the whole country. It is time to look seriously in the matter of the present mandatory age for girl 18 years and boy 21 years should be lower as the age of girl 16 years and the age of boy 18 years. The law makers should consider about the lowering the mandatory present age of bride and groom. The Government of India and law ministry should consider the present need of reducing the age for marriages in India. The Government of India requested to take necessary steps and obtain scientific advice from the Indian medical council in this regard.
All the legal experts of this forum invited for healthy discussions in this regard in the interest of healthy and sexual crime free society .
estranged1
15 February 2013 at 16:00
i met a lady on internet , she is from UK, we became good friends and she came to India for 9 days to visit Taj Mahal and other places and stayed at hotel, , and at that time we came close and had sex one night. and now she is back to England and says she is pregnant and will not have abortion and threatens me to have the maintainance fund of child , as me being the father.
So kindly tell me, what are the laws regarding it, does this illegitiamte child has any right on me ?
also i tell u , she is way older than me, and i am just 25 years old age with no job, and she has 2 kids already in England and is divorced and already taking maintenance funds from her ex husband in England.
So please tell me the rights of this illegitimate child , regarding these maintenace funds and will this child have any right on my property after 20 or so years ?
And i tell u , she has been in few more relationships in her life, and has been to few other countries to meet men , as passport history is the proof
kirti kelkar
15 February 2013 at 01:19
My sister got divorce. In their affidavit the date and year of marriage is correct. But the year of marriage listed in the decree is wrong. Does it affect her divorce in any way? Does her husband get any rights of the property she has? Does it mean that she is officially divorced?
The problem is her ex-husband is not ready to appear in the court for changing the year to correct one. It appears that it would require them to be present in the court 3-4 times just to change this year. Is it advisable to change this year? If yes, what is the way my sister should do this?
Rishi Awasthi
14 February 2013 at 23:49
Hello Fellow Advocates,
I have a very bad case, please help me. I am fighting from the wife side. Family is Hindu and husband has filed divorce for cruelty by wife. I filed section 24 Hindu Marraige Act. Husband is MBA+Enginner with more than 10 years experience and was working as Sr. Manager in Software company at 12 lacs pa. Apart from this he also did consultancy, he purchased 4 cars.
The court ordered him to file his salary slip to check his income, he delayed the case for more than 2 years on one pretext or other. Now when the court said that we will pass an order. He has given affaidaivit that I am not employed any more. I am unemployed. I cannot file my salary slip, thus I cannot maintain my wife. Wife is from village background 10th pass, medium family, cannot work as she is uneducated and unskilled. I am sure that he has definately changed his job as nobody resign from good company and post without any reason. But we cannot get any proof.
Now after delaying the case for 2 years can it be allowed that he can go free from his duty to maintain wife. Is there any judgement?
Ritika singh
14 February 2013 at 18:54
a property is obtained from a housing society on leasehold basis by issue of share certificate by Mr X. He expires interstate and the leasehold rights devolve to his 2 minor sons, A and B, and wife. a surrender deed of leasehold rights is executed between son A( now major) and wife as guardian of minor son B without permission of the court as required under sewction 8 of hINDU minority and Guardianship act,1956 and the society.
1) can this property be called joint hindu family proeperty hence not requiring taking permission under court(section 8 and 12 exception)
2) can leasehold rights on a property be read as self acquiring of property to trace its devolution on legal heirs ?? can they be treated at par with inheritance as owner for the same ???
amrit
14 February 2013 at 17:14
Hi sirs,
I need Madras High Court Judgment in Khaja Mohammad nooruddin vs khaja Mohammad farudin AIR 2010 NOC 438 (MAD).
Hoping for prompt reply to this message or at samra2802@gmail.com
Please dont reply readymade answers such as search on indiankanoon, lawmirror etc. etc. i am myself an expert and i have ransacked all those sited as well as lot of internet. but i could not lay my hand on this judgment.
pls help if anybody can!!!!!!!!!!
Amit
14 February 2013 at 15:19
Hi,
My wife filed maintenance under DVC and 24HMA and 125CrPC.
The arguments are about to start in DVC and 24HMA.
(1) How will maintenance be divided in both? As I understand, amount given under one has to be taken into account into another. What happens if both orders come on the same day?
(2) How long does DVC case generally? 24HMA should take much less time, right?
(3) My wife has hidden much of her income from the court for which we have proof. I read that maintenance can be denied to wife with unclean hands, is that true?
(4) My wife's provable income is 15K p.m. whereas her total income would be 25K. Is she still entitled to maintenance under DVC and 24HMA? (She asked for 1L p.m. my income is 1.2L p.m. after tax)
(5) My wife is also highly educated and able bodied. Has been working and still working (though with reduced salary deliberately). Is she entitled to maintenance still?
Thanks
at your mercy
14 February 2013 at 12:34
In crpc 125 suit, petitioner wife was cross examined and she admitted she did not take money from bank accounts in her name saying falsely as she has no passbook and cheque book.. actually no passbook for these a/cs.And demat a/c in her name has got 5 lakh worth. all were my money as she admitted. she did not sell for this period since filing.. saying taking loans. my salary Rs16000 pm and have some residential prperties. Also she is staying with major children at matrimonial home not allowing respondent with police threats.
she is asking 10,000 for her and 10,000 each for 2 children who were minors at time of filing petition. Also falsly saying my income as if 1 lakh
now a common relative advising me to file a memo with salary certificate as ready to give 10,000 for her and now major children till she is ready to restore conjugation of rights. there wont be proof affidavit in this case.
I AM FILING SALARY CERIFICATE ALONG WITH THE MEMO OFFERING 10K
pl advise on this advice
now I shall be without required money.
In this case may I shall the other properties( not the matrimonial house) for my expenses?
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Divorce- mental cruelty
Sirs,
I have filed case for divorce from my wife on basis of mental cruelty especially on suicide thearetening and the case is in ending stage. I am in need of judgement or ruling related to the same by Hon. high court or Hon. supreme court for my case. Hence, I request that those are having the same or judgement from Hon. High court or Hon. Supreme court may kindly be given for my case. Please do the ne