Kolhapur
28 October 2012 at 09:49
My mother was born 1944, married in 1964, died in 1974 before her father, our grandfather who died in 1975 leaving considerable assets including house and land (which was never shown to us). Eldest brother, our maternal uncle, misappropriated his late father’s assets by sheer bullying and by taking signatures of other sisters to quit claim. My mother had not signed any such a document. Me and my sister for years are in the US and my uncle unbeknownst to us and our father partially disposed off some lands and remaining misappropriated as my grandfather died intestate. Finally case was filed in Kolhapur civil court in 2011. During my recent trip, I discovered that our current advocate neither served opposite party nor made any motions to seek court’s help to serve my uncle. My NCP member uncle who is alleged to have dodged service attempts. Now my current advocate says court is contemplating legal issues ( for 2 years) and he will get order probably saying Plaintiff/us to comply with coparcenary requirements. I spent moneys to get records at the time of grandfather’s death, however seems like advocate is not able to convince the court. I wrote to NRI cell, State Bar Council and Appellate Authority of the Bar Council of India, Mr. Apurba Kumar Sharma who I believe is responsible for enforcing Information Act for their advice. I will appreciate if you give me expert advice if I have a case and what is my recourse given the state of Indian Judiciary.
asmita0009
27 October 2012 at 23:51
my friend had done marraige through well known matrimonial site. she has All coorespondance in her mailbox. but now in court her husaband is not ready to accept that he had done such correspondance. so,how we can submit our evidance in court? is the cyber police can become helpful to present our case in court?
rajveer
27 October 2012 at 22:32
i am a hindu guy.in 2005 i got married to a muslim girl under special marriage act 1954.but in 2007 she got married(nikah) to a muslim guy forcefully by her parents.but now she wants to come back to me.is her nikah legal?what shoul we do?please suggest. is her marriage null and void?can her parents give police complain against me if i will bring her?should i go to police when she will come to me?how to prove her marriage is void?
pramod
27 October 2012 at 13:47
Dear Experts,
Please guide on the following issue as follows;
Husband and wife both are Hindus, marriage solemnized in India as per Hindu rituals, after few years both shifted to abroad and filed mutual consent for divorce over there and further got a Decree.
Hence the issue that whether a mutual settlement between husband and wife before a foreign Court with reference to the its consent on divorce is binding or valid in Indian Court ?
If so kindly do provide relevant provisions in order to substantiate the issue.
Thank you all
Member (Account Deleted)
27 October 2012 at 13:30
In second motion which documents are to be attached with petition when judge is same
sudha
27 October 2012 at 11:32
i AM THE ELDEST SON IN THE FAMILY. mY MOTHER EXPIRED. nOW MY FATHER , MY 2 YOUNGER BROTHERS AND ONE SISTER ALL MARRIED ARE LIVING. oNE FLAT IN bORIVALI WEST MUMBAI
WAS IN MY MOTHER NAME. nOW MY YOUNGER BROTHER AND MY FATHER STAY THERE. bUT i LEARN THAT MY YOUNGER BROTHER HAS TRANSFERRED THE FLAT IN HIS NAME WITHOUT MY CONSENT OR CONSENT OTHERS I.E. MY FATHER, ANOHTER BORTHER AND MARRIED SISTER. wHAT TYPE OF LETTER i SHOULD WRITE TO CO OP hOUSING SOCIETY TO CANCELL THE TRANSFER OF FALT IN THE NAME OF MY BRTOHER AND AND WHAT STEPS i SHOULD TAKE TO GET MY SHARE IN THE FLAT
Member (Account Deleted)
27 October 2012 at 11:03
How many days does it take to get certified copies urgenlty in Tis Hazari court ?Does it differ when lawyer/petitioner apply?
SanilS
27 October 2012 at 07:21
If a foreign court with jurisdiction dissolved the marriage and approves a mutual agreement to the all aspect to the marriage related to the Petition’s, being the wife, application. During proceedings in the foreign court full and final disclosure was made by the parties including the Stridhan. The foreign court dissolved the marriage and ordered that the parties are NOT allowed to any application for order relating to the dissolved marriage, which I had taken place previously under Hindu Marriage Act.
Question(s):
• Is the foreign orders legally binding of the parties?
• Is there any time frame after a foreign divorce decree by which the Applicant can submitted submit an application for further order to Family Court in India?
• Can the Applicant, being the ex-wife, by means of Power of Attorney file before the Family Court in India further application before an order relating to the alleged stridhan? If so, on what ground(s)? My understand once a court with the correct jurisdiction makes a decision (ie final and absolute) any further application on the same related matter will be barred under Res Judicata under Section 11 CPC.
• If the Applicant does submitted such claims, will be Indian Court will entertain the application? If so, under what section(s)? What is cause proceeding with the case? Would the submission of foreign decree absolute and Consent Order conclude matter? If not, what’s the procedure to get matters concluded?
• Any the chance going to either High Court or Supreme Court to get an award to get the Family Court case concluded ASAP? If so, under what section of the law?
Kindly look forward to your reply.
Thanks
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Divorce case
I filed Divorce case under Section 13 (1) (ia)(ib) of Hindu Marriage Act, 1955
While trial Showed only separation 8 years, respondent also admitted separation 8 years, but petitioner failed to prove cruelty, hence The Hon'ble Judge dismissed the same
My Queries:
May i file again Divorce case under ground of separation only before the same court.
If i file Revision, the judge may be dismissed the case.
Kindly give advise dear experts.
I will be waiting for your valuable reply