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Ashish Dhanuka   16 October 2012 at 10:53

Divorce and custody

Hi

I have been married for more than 5 years. Recently, I have been blessed with a baby girl. She is now 3 months. Ever since my marriage, my mother in law has been interfering and meddling in our internal matter. Her doctors have even told her to get psychiatric treatment for her behaviour.
I have told this to my wife. However, she refuses to listen to me and insists that she has not done anything wrong. I can even prove that her behaviour is psychotic.

My question to you:

1. If I seek separation from my wife, can I also ask for child custody on the grounds that my wife's mother is bad influence?

Please help me suggest ways in which I can get my daughter's custody.

Thank you.

Sunil Sharma   16 October 2012 at 09:58

Gurdianship of my nephew and nice

Dear All,

My sister expired in march 2009 with burn injury, her husband invoked her to do this, My sister daughter and son both are living with us since their mother death,they didn't try to get them since 2009, now in 2011 they filed a case against me, my father, and brother that they took my children forcelly from my house and i want to take custody of my child,Sir last two year he didn't ask about the child because he didn't do regular job,now case is running in saket family court, both the child living with us happily and doing good study, now they are in seventh class and son in sixth class,

My query is:-
1. Can court pass judgement in favour of us.
2. can we claim maintenance of the child from their father so that he should realise that what he had done.we will not use the money but it can be use for their marriage,
3. If the child don't want to go with them in that case court pass the judgement in f/o us,

Please sugess me with more idea.

Thanks & regards,

Sunil Kumar sharma

Atish   16 October 2012 at 09:29

Evidence closed

Dear Madam/Sir,
This is a divorce case filed under Muslim Law.

In case the Petitioner in the Family Court divorce matter closes evidence( Infact till the time of closing evidence no documents or evidence was provided),then could the Petitioner at the time of the Respondent’s cross be allowed to produce any documents or evidences by any amended application?

Thanks & Regards
Atish

Member (Account Deleted)   15 October 2012 at 22:55

Second time transfer of divorce case

Hi All,

I have transfered my case through Supreme Court in 2010 from Gujrat to Uttar Pradesh. Now I want to transfer the divorce case from Uttar Pradesh to Maharashtra.
I am doing this I have seen that I will not get fair justice and I am currently in Maharastra.
My query is can my case transfered second time?
One more thing : I am not in UP. Working in Maharashtra. Judge giving very short date like 11 days, 15 days. Difficult for me to attend as tickets cannot book so easilly.

rsraghukumar   15 October 2012 at 22:35

Photographers evidence

sir while i filed some photos along with negatives in the court. at the time of marking the photos, the other side did not object with regard to the evidence of photographer. but, at the final stage i.e at the time of filing written arguments they pointed that photographer was not called as witness. Here otherside respodent did not entered into witness box to dispute the same.
judge in judgment stated that marriage being civil in nature, the evidence of photographer is not that much useful like in the case of criminal cases. and he also pointed that the respondent did not chosen to enter into witness box to dispute the same. he also discussed in his judgment that when the plaintiff entered into witnessbox on oath and filed the photos with negatives is should have some force to consider the photos with negatives.

sir now my question is when photos along with negatives are filed in civil cases, calling photographer is dat much essential as poined in the judgment. if any citation is there without calling photographer as witness photos can be admitted as evidence.

mohit   15 October 2012 at 17:47

Marriage

can a muslim married male do a second marriage during the existence of the first marriage. As muslim law allows four marriages, if no then what remedy is available to his first wife if the male do the second marriage.

Member (Account Deleted)   15 October 2012 at 16:46

Family

Q)what is meant by legal aid provided by supreme court? what aid is provided and who can avail this service? can man can avail this service?

Aditya Sharma   15 October 2012 at 15:04

Dowry

Respected Forum,

Request your guidance on below points..

1) How 498A differs with 498?
2) As Per Supreme Court, Spouse fighting 498 can be stopped to enter at her matrimonial house. Please confirm..

swathi kh   15 October 2012 at 14:12

Filling acase aginst my lawyer

What is the procedure for filling case against my lawyer? I feel my lawyer has not contested my case properly in my favor?

Out of 4 family in a undivided family my aunt had filed a case in the court Here is the case ,

three of us family members as joint plaintiff contested a case against one of my family on a property issue.(10 years back when we approached the court a grandmother created family will which was not registered in court which was present for which we had approached the court for an amicable settlement, there was no registered will created at that time, but after my father died the whole situation changed and we were not aware of much about the happening about various things. latter we came to know my cousin had created a registered will from my lawyer)
now the order has been issued in favor of cousin being a major beneficiary on the contest of my lawyer creating a will in favor of my cousin who was handling the case in favor of us(we had given the power of attorney to my cousin and vakalath to the lawyer and believed in all the things that were happening without interfering) now when the verdict has been given by the court the division of property have been in the order for 1/10, 1/10, 1/7, and 1/30 so the major beneficiary after creating the will of grandmother get almost 1/2 property of the whole property.i lose almost a acre of land. i feel my lawyer has deliberately manipulate the whole proceeding in favoring one of his clients.
Kindly let me know the solution what need to be done. i had approached many lawyers and they have said the case is weak in favor of me because my lawyer has manipulated the whole proceeding in favour of one person, they have said I have been sleeping over the case.
even my lawyer has not communicated the various happening and proceedings and it is almost after one year of the order i have been able to come to know the verdict statement, now it is almost two years .kindly let me know if i could do anything on approaching the bar or the consumer court.

Rajiv Kaicker   15 October 2012 at 13:23

Will

For obtaining a Probate/Succession Certificate,does it make a difference if the Will is Registered or Unregistered?In the given case,the testator has only a single heir.