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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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sachin   23 October 2012 at 10:28

Relinquishing rights from father's property

Dear Friends,

A Muslim person has three sons and two daughters.

One of the son is in financial difficulty and has therefore requested his father to help him with a sum of Rs.10 Lac.

Against the receipt of the aforesaid money, the son is willing to relinquish his all his rights over his father's property.

Is this legally tenable under the muslim personal law?

If yes, then can a Release Deed be executed between the Son and the other members of the family?

Or how else can this transaction be captured?

Please help me with the relevant sections and or draft of the document.

Regards,

Sachin

itishree patnaik   22 October 2012 at 18:07

Divorce

A person met the girl with the help of matrimony side.the person belongs to orissa. the girl belongs to nagpur. before marriage the brides parent ask for money as pre marriage expenses .and the groom paid the same .they married. after marriage the person found she has extra marital afeir with a muslim person .time to time she and her family demand money.it increased .despite of fulfilling there demand she sale her ornaments that she got from grooms family without informing her husband.and mentally tortured the husband by threatening 198a, and one day she demand 2 lacks as for her marriage expenses and he could not fill her demand so she call the local police and booked him in 498a,after release from jail the person wanted divorce but the wife is now demanding huge amount per month she is not willing to one time settlement..she filed a stay and transfer the case to her local court nagpur,(they have a daughter),and also she is threatening her husband she will kill him in nagpur.,,the person is clueless.. how to get out of this problem please sugest.he is desperet .

Member (Account Deleted)   22 October 2012 at 14:11

Senior citiizen

Under which section of crpc my elder parents can ask maintenance from me.

How much they will get from my salary?

How much time it will take if I want to pay them from day1?

SHASHANK P JAVKAR   22 October 2012 at 11:34

Divorce

DEAR SIR/MAM, MY NAME IS SHASHANK I GOT MARRIED TO A BORI MUSLIM GIRL IN DECEMBER 2010. AT THE MOMENT OF MARRIAGE SHE HERSELF ON HER OWN WILL CONVERTED HERSELF IN HINDU CASTE IN ITS WRITTEN N SIGNED BY HER ON STAMP PAPER. BEFORE OUR MARRIAGE SHE HAD MARRIED TO A BORI MUSLIM GUY WHOM SHE HAD GVN DIVORCE BEFORE OUR MARRIAGE. NOW OUR THINKING DOESNT MATCH AND SHE DO THE THINGS EACH N EVERYTHNG AS HER PARENTS SAY THEY DISRESPECT ME A LOT ON NUMEROUS TYMS. AT THE TIME OF OUR MARRIAGE SHE HAD HAS WRITTEN AS UNMARRIED AS SHE WAS A DIVORCEE HER PARENTS FORCE ME A LOT N HER ALSO TO DO THNGS FROM THEIR CASTE. WE BECAME PARENTS ON 9TH THIS MONTH N ON MY KID ALSO THEY WANT TO FOLLOW BORI MUSLIM CASTE AND THIS WAS THE LAST TYM I CN TAKE IT SO I HAVE DECIDED TO PART WAYS IN A MUTUAL WAY I DNT WANT ANY HARASSEMENT IN FUTURE CAN U AL PLZ ADVICE ME WHAT WILL BE THE BEST WAY OUT OF THIS.

God is there for good people   22 October 2012 at 01:02

Divorce

Dear Sir,
Me and my wife are on the verge of Divorce. It’s a 14 year old marriage that is being called off. We have two daughters aged 12 years and 7 years out of this marriage who are under her custody.
We have a residential property in joint ownership under finance from a financial institution, the EMIs of which are being paid by me from my Savings Account .
The petition for Divorce under mutual consent is yet to be filed.
Earlier we had mutually agreed that the residential property will be sold off and the remains after the closure of the loan will be equally divided between both the children. We decided to deposit the amount as a FD in any bank which can be withdrawn by the Children once they become major.
But now she has changed her stand and wants the entire amount under her name. On my refusal, she has threatened that she will not co-operate in the filing of petition for Divorce under mutual consent, nor in the sale of property.
I had given my view that let both of us divide the amount equally between ourselves, which she has declined.
Now as the property is under joint name I am unable to sell it off independently and if I need to sell I have to agree to her condition of letting her have the entire amount after the closure of loan.
Kindly help with resolution.
Also please help me if possible with some good legal counsel in Ahmedabad.
Regards,

anoop   21 October 2012 at 22:52

Wife doesn't want to give divource

Dear experts,

I filed for divorce with my wife on the basis of mental cruelty.

But my wife doesn't want to give divorce and a always said that she will give divorce to me.

Can judge give orders to give divorce against her wishes.

If yes, then how approx how long it will take to get freedom from her?

sravankumar   21 October 2012 at 16:54

Wife not coming back form her home

i am Hindu and got married in feb 2012 my wife separately living in her home since marriage working in PSU ( mining company) in chhattisgarh,Dantewada dist. naxal affected area and earning of 50K she was working Andhra Pradesh GOVT. Hospital as a staff nurseon contact basis with salary of 6K
Now the problem is she not coming back form home because she is doing job in her home town her argument is i am not in position to left or resign my job and not interested to live in forest area ,after few days present contract staff nurse would be permananent/regular.Her mother argument is at the time of marriage my self give assurance that i will come to Andhra pradesh do job ( but i have never give any assurance to come andhra pradesh . many times my mother-in law told to i never send my daughter long with you not stay in chhattisgarh forest area.Sep 2012 recently i am ill , doctor suspect that you getting chance of TB disease( starting stage) than my mother- in-law agin argument that you suffering from TB so, i am not able to send my daughter along with you, after use of medicine for 6 months of cure we will talk/discuss the matter.since 1 month no communication my wife and me.since my marriage many times i tray to convince my wife but she is not.she was obey/fallow her mother suggestions.so i thought she would change as time goes.20 days before i send a SMS to her mobile after few hours later her mother ring to me said that ' why you are send SMS to my daughter and also said she not spoken to you ,we will talk after 6 month in between no communication.And mother-in-law taken away my husbands mobile.if she really interested to do job,chhattisgarh,dantewada( where i presently working)opurtnity is there. my family members once again thinking that go to her home ask to send her back and to stay along with me.

In this state what should i do?how can i get back her ?if i go legally what are the options i have and if i go ahead and do it what will be the reaction from there side?If i go ahead and file child visiting rights & RCR can this proceed to divorce or reunite?

plz ans the above questions as i am confused on what step to take

minsal   21 October 2012 at 13:42

Written arguments

Dear Experts,

can I file a written argument in an application of interim maintenance before family court? under which section? I am appearing for husband.

it is an urgent and serious matter. pl. reply.

Thanks in advance.

minsal   21 October 2012 at 13:18

Written arguments

Dear Expert,

Can we filed written Arguments in a interim maintenance application before family court? under which section.

it is an urgent matter. pl. reply.

thanks in advance.

Akshi   21 October 2012 at 10:23

Not sure if it is family or criminal

Hi,

Its been two years now. A married man looped me into relationship with him saying that he has no relationship with his wife and he would shortly initiate a divorce with her. I had become very vulnerable due to emotional involvement and just went ahead with him without putting any terms and conditions. To make me believe, this guy married me in a temple as well.
Slowly,as time passed, I started realising that this man is lyeing to me and is cheating on me while he is having a normal relationship with his wife. I was hurt and I started my efforts to know more truth. However, this guy manipulated everything and ensured me that we will be together shortly.
He had been from a sublime background and was seeking progress in life. I pushed his profile in the company I was working. He got a job at higher grade and a handsome salary. He has faked his experience here too.
However, after he got this job, his commitments went suddenly off. He abused me and hit me. He insulted me and broke away.
I have many proofs of our relationship including marriage certificate from the temple where we got married, pics and videos of times spent together.
I have been abused and cheated for the good faith in whatever he said. I have been living in a nightmare. Everyday, I feel guilty of having believed in him and how he used me, abused me and then dumped me.
Please advise if I can file a case of abuse/harassment/ any other case against him