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Raju Sharma   05 February 2013 at 10:01

Marriage

Dear all
In my perivious queries u said that there marriage is illegal . but what if they both want to marry each other, and what happen to them if they marry each other against law?

Rajneesh Sharma   04 February 2013 at 20:47

Divorce

Dear Members,
I would like to tell that I am a government employee 32years/male living seprately from my parents in NCR and had been married 3.5 years back with a well educated and professional girl but not working now.She belongs to a powerful family background with history of violence and their contacts with bad and nonsocial people.I had a 2.5 years daughter too.I am fulfilling my all responsibilities.I had never demand any dowry too.I never smoke,never drink and dont have any extra-marrital affair.But from the day of my marriage I had been continuously torchered mentally from my in-laws family members to show me their power and misbehaved many times to such a depth I can not explain.they also make pressure on my family members, I dont know why?I always worried about security of my family members.My wife is immature and do not understand the importance of relation between husband and wife.She left me alone many times and live with her parents for long period.In these three years she live alternately six months with me and six month at her home.she also not give respect to my family members and misbehaved in abusive language with them, while they are not staying with us and met monthly for 2-4 days only when i go to home on vacation.I am worrying about future of my daughter.My wife and her parents always try to get her job in their city so that she remains there for ever.I had consoled my wife many times for a better family,I had killed my self respect many times for a better future of my daughter.I am very much tired of interference of my in-laws in my family.I had lost three years of my life in tolerating their misbehaviour.I always scared of my in-laws.Now I would like to take divorce finally.Can I apply for divorce on the ground of mental herassment?Will I get my daughter back?Can I apply for security of my family members?

Sreenivasa Rao. S.   04 February 2013 at 20:20

Illegal contacts-black mailing

Dear Sir,
I am aged 49 years doing business blessed with two female child got
married.I am possessing good honor in the society and family.
In undo circumstances I was having illegal contacts with a women
namely K.Dhanlaxmi for the past 8 years, resides at Kukatpally. She is
a prostitute once a case has been filed with J P.S, 2 years back.Her
parents stay at Jaharnagar.She is maintaining a boy friend namely
Mahender.She is maintaining sex racket.Her boy friend is a car driver
resides at Chintal.Now this women is pregnant,without marriage they
are moving as a family. It is upto them.
Now the problem is she is blackmailing me that she will inform my
family members about our illegal contacts otherwise I have to pay
amount every month.Every month I used to pay 5000 to 8000 on her
demand,I used to borrow and pay her. My laibility has crossed my
limits, If I refuse to pay she will come nearby my house and call me
and threatens me. To keep up my reputation with family members I used
to pay.So far I paid lot of money
Since six months my financial position has became poor due to my
daughters marriage. I cannot inform about this to my family members
due to guilty feeling, and loose my reputation at this age,she is
demanding again Rs.10000/-.She is holding all the evidence like
photos,amount commitment letters, and more over she is having all the
contact numbers of my family members, I sincerely request you to
kindly help in getting out of this problem for ever.

Please suggest me how to come out of this problem.

Srinivas Rao

Damayanti   04 February 2013 at 19:11

When it becomes necessary to enjoin lower court judge as respondent?

Writ 226/227

What is the parameter to make Lower Court judge as a respondent?

When it is necessary and when it becomes indispensable party? (state being opposite party i.e. 2nd respondent)

There are instances of judicial bias / actual bias of judge of family court (but thinking to omit those and only stick to illegal exercise of jurisdiction)


and also writ petition is not merely under 227 but also under 226 (i.e there is a breach of 'right of a fair trial')


Is it advisable to to add the lower court judge as a 2nd respondent? Does it invite trouble as a backlash?

Does it prolong the trial at BOM HC?

My view has been that the judicial bias is blatantly perceivable through the Order passed and hence there was no need of enjoining judge as well although there is allegation of breach of fundamental right Art.14 of constitution (hence shouldn't the state be a party necessarily?)

and what is the acceptable proof of bias? the court always speaks though the order passed. And there are no video recording of proceedings and trial etc.



Please advise


Regards
Damayanti

R.Ramesh   04 February 2013 at 18:41

Regarding quashing in hc

Good Evening Sir,
The case which is registered and booked by police station . so that case is applicable for quash in high Court if it fits for quashing or only private case is applicable for quash in High Court.So, sir pls kindly give me information on this. Thanking you.

ankit   04 February 2013 at 13:02

Second marriage

My friend is legally married in jan 2006 in Punjab and from aug 2006 they are living separately(don’t have children and divorce is pending in court) and from 2009 he is living in delhi with a girl(second wife) and blessed with a baby girl in 2010 and a baby boy in 2012.both new families understands th situation very well.they are married but they don’t left any proof or info like photos,videos,priest,place etc………….it all happen in Haryana and staying happily in delhi.dear experts I want to ask some queries……
1) Are long term relations treated as marriage as she(first wife) is threatening them for sec 494.
2) Without proof of second marriage can court charge him punishment.
3) What precautions he use to take that he should not show his marriage anywhere.
4) What should he plan for his daughter school records.
5) is bigamy liable on him if she(first wife) fail to prove his second marriage.
Dear experts m seeking ur valuable comments and suggestions

shital   04 February 2013 at 12:18

Domestic violence

I ask payment slip to my husband comapny which is private ltd. The officer reject giving me information under RTI. How i get information about my husband payment

Ram Bhargav   03 February 2013 at 18:56

Right of granddaughter in grandfathers property

Hi,

My query is regarding my wife's share in her grandfathers property.

Her grandfather bought/owned a property in delhi after partition, having moved here in the fifties.

After his death (without writing a will) does my wife have equal share in that property and can she file for partition of the property in the lifetime of her father without his wish?

As, her father wants to will it only to his sons and give nothing to his daughter(my wife).

Will appreciate your expert views.

Thanks

Syed Ali   03 February 2013 at 17:10

Muslim law

Sir, I have divorced my wife in Dec, 2009. I have two daughters aged 14 and 11. The custody of the children under Muslim Personal Law rests with whom as both the parents wants to have.

Ram   03 February 2013 at 13:35

Brother's death : second wife's claims

Hi,
My brother recently died in an accident.He is survived by his wife and 2 kids who have been living separately due to irreconcilable differences, but never divorced.
He also had another woman in his life and had a baby through her after he split with his first wife, however never married/solemnised.
When he was alive, we never let his second wife into our house, as it was an illegal relationship.
However, we let her witness the ceremonies after his death. My mother also spoke some kind words to her and the child.
Now, after his death, the second wife is placing a lot of demands with threatening tones, some of which are - buy her a house, get her married, pay her lifelong maintenance, etc
Now we know most of her claims cannot stand in the court of law, but i need clarifications please:
- What precautionary steps should we take to avoid this situation turning worse? what worse could happen?
- Though we originally thought of helping her out, now we are very apprehensive that she could be a problem long term, so can or should any settlement be legally done to protect us?
Is there a sample case whose verdicts we can reuses?

thanks a lot,
Ram