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Mohammed Rizwan Shaikh   25 January 2021 at 11:32

Muslim inheritance shariat law

(All Sunni Muslim)
Through former husband Mrs. A has 2 sons R and I.
Mrs. A remarries Mr. B. Out of this marriage no sons / daughters were born. Mr. B through his earlier marriage had 3 sons, wherein 2 sons died before Mr. B. Only one son is alive.
Mr. B dies intestate.
So should we consider that Mrs. A is a CHILDLESS WIDOW.
How the shares will be divided between deceased 2 sons legal heirs, living Son and living Widow in the property of Mr. B? Will the legal heirs of the deceased son gets any share in B's property? If we consider her CHILDLESS WIDOW then as per Shariat Law, a Childless Widow will inherit 1/4th share in the deceased’s property.
Mrs A is filing Partition Suit, so how much share she should claim 1/8th or 1/4th?
Will the step-sons R and I can get any share in Mr. B's property as per Shariat Law? Please help.

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Anonymous   04 October 2019 at 17:03

Pre-divorce issue


I and my wife seems to be headed for a separation and its seems to be matter of time now. I had a couple of queries:

1. I m in a situation right now that even for smallest of the fights & arguments, my wife threatens me and my parents that she'll falsely complaint against us for a physical violence, which offcourse absolutely doesn't take place at all. However, we would like to avoid any kind of possibility of that given her nature and the way things are headed. Hence, we (I & my parents) are contemplating moving out of our Rented home to a different place. Is there advisable or a risk/issue in this? Also, given her behavior, its very possible that she falsely files a complaint even after we moving out (sooner or after many mths) against us for any physical violence or any other thing?

2. My elderly parents would like to stay with me. But are not able to do so because of my wife's behavior and threats. Is there any way to counter her threat by filing a pre-emptive counter complaint to make us feel secure against her any steps/complaints/threats?

3. What happens in case of alimony? Is it always 50% of my present assets and/or future income that i have to part with? I m in a 5 yr marriage and my salary has increased more than double during this time? What if I transfer all my bank savings and assets in the name of my mother, would she be able to claim on that as well? If my mother buys a home from this tranferred amt, in a joint name with me (as this would be required in a home loan), would my wife be able to have a claim on the home since its in my joint name. How can i reduce my ownership in the home to a minimal, which ensures least claim from my wife & also ensures my ownership, which is required by the bank for issuing the loan.

Kindly guide

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Kiran Malhotra   12 August 2019 at 15:47

Maintenance claimed by father after years of desertion

Dear All,

I need clarification on the above topic. My father has neglected and deserted my mother and me without any monetary aid or any other form of aid whatsoever for last 30 years. (My mom didn't claim maintenance or divorce as she was scared of him and was a job holder herself). He himself was a Central Govt. Employee for 20 years and then worked in private sector for 30 years drawing decent salary.

After years of hard work and struggle, my mom along with help from my grandparents (mom's side) raised me by herself and I'm currently in a good job. I have taken care of my grandparents till their demise and my mom for all these years as they have done for me. I'm also married and have to take care of those responsibilities too.

Now my father out of nowhere is seeking maintenance under Senior Citizens Maintenance Act (he is 64 years old) after all these years and making threats at my workplace with intent of defaming me.

Request you to kindly help me as to course of action as my father is giving sleepless nights to me and my entire family.

Thank You.

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Abhinav shrestha   22 June 2019 at 13:04

Divorce case section 13A & Dowry case section 498A

Dear team

Request help in below mentioned case

This is in with reference to the case filed at Dewas madhya Pradesh and Bokaro Jharkhand.

My brother in law had filed a divorce case on 11/08/2017 under section 13A. The current stage at which the case is at FINAL ARGUMENT.

My sister had filed a dowry case on 18/04/2017 under section 498A. The current stage at which the case is at APPEARANCE.

The party of dewas has filed case against us post our filing date so as to get rid of Dowry. Since the case filed the accused is out of INDIA and his case is moving fast without his presence.

Can divorce be granted without his presence?
(Brother in law ran away and left INDIA and is in USA)

Till date the accused and his family had not appeared in Bokaro court what action can be taken?

If decree of divorce is passed will section 498A will be valid? Will my case of dowry will proceed?

Several warrants (BW & NBW) have been issued against them and had been sent to dewas police station and to The Superintendent of Police but no action had been taken on warrants, what next can be done?

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Member (Account Deleted)   08 June 2019 at 11:21

Pleading for new relief in appeal

The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test. Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate. Now the issue is that I don't want to continue this relation after all such allegation and litigation, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait until the appeal got dismissed? She is not ready for mutual divorce.

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Shaik   15 May 2019 at 09:52

125 crpc betrayals


My wife has filed maintenance case under 125 crpc. If lawyer cheats you by making you sign papers where you agree to pay maintenance.
If he files any papers like that how can I verify & get them withdrawn from court.
My relative took me to this advocate & he is not available or in contact now.
Lawyer told me it is vakalath/ permission petition but I don't see her name as respondent's advocate in 125 crpc.
I verified in ecourt, Could you help me with it.

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Anonymous   01 April 2019 at 15:14

Maintenance and welfare of parents and senior citizen act

Dear Sir,
I purchased a flat in the name of my mother and paid all the installments and payments by myself. Now my mother transferred the property in my name. but there is a clause maintenance and welfare of parents and senior citizen act.

I want to get it removed. can I transfer or register the same property to my wife and get it removed?


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KARUNAKAR   25 March 2019 at 11:23


Sir,in dvc case PO is on transfer call on next date given.wt is the meaning of PO on transfer

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Anonymous   24 March 2019 at 13:54


Dear Concern,

Married : 1992 Hindu Marriage act

Children : Son : DOB 16th Nov 1996 (Unemployed )

Daughter : 17th May 2001 (studying inter 2nd year)

Myself : Employed private job Salary take home 69000/- (age 43 years)

Husband : Central Govt Service for basic 53000/- Gross 72000/- Net after deductions 53000/- (age 52 years)

He married a muslim lady who is by profession prostitute aged 26 years. Played a highfi drama of divorce and my husband took 1 lakh from me to give her as meher (got all evidences of marriage , divorce, meher amount transfered)

He tranfered property of 133 sq yards on my name,

My husband without my knowledge transferring every month 10000 to 15000/- , buying gold for her about 76800 /- worth and going to her always after marriage.

he took divorce from that muslim lady to safeguard his central govt service.

Gradually he started calling her in my house in front of my children, one fine day i got irritated and asked him to get of my house as he was continously disturbing my children living harmony.

now he says he will pay be 20,000/- towards maintainance and nothing more than that.


1. How far is it fare at this age if I prove his second illegal marriage he will be suspended from job and i will not get anything?

2. During wedlock there are many pros and cons as a family we face and supporting my husband always and after 25 years because of his mistake i am left with nothing from his Govt Service.

3. After 45 years if i am sick who will take care my daughter?

4. I would like to file case on Mainatainace , how much amount will i get monthly. if he is giving me 20000/- a month , how will i get my daughter married, or provide her education?

Note : i have got each and every evidence of his illegal affair, his bank statements transferring amounts, each and everything

Please suggest, and can i take any action on that lady too, knowing he is married person still she married him.

Kind Regards


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Anonymous   14 January 2019 at 22:49

Children custody in divorce

Husband and wife wants mutual divorce...They have 2 children...10 year old boy and 6 year old boy...Both wants to be with mother only...How will the court decides..

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