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manpreet   18 September 2012 at 06:55

Nri enquiry

On. Nov 2008 I got married to australian guy.on 2010 I joined my husband in austalia on visa bc

My husband left me and my daughdr in india. From 2 months he stopped calling me. I am staying in my parents family. Please guide me about my rites.
om

manpreet   18 September 2012 at 06:53

Nri enquiry

On. Nov 2008 I got married to australian guy.on 2010 I joined my husband in austalia on visa bc

My husband left me and my daughdr in india. From 2 months he stopped calling me. I am staying in my parents family. Please guide me about my rites.
om

Amit Parmar   18 September 2012 at 03:12

Cr.p.c 125

A Maintenance Order have been passed by the Court in Which the Applicant used to reside, now due to some circumstances she has to move from there for a distance of 400 kms. And she has permanently decided to Stay here, So is their any Provision or Judgement that the order passed under the First Jurisdiction should be Continued and the Respondent Should be held to pay in this new City as per the Order of the Previous Court?

JYOTHI PRAKASH MUNISWAMY   18 September 2012 at 02:16

Registered will

Respected Sir/Madam,

My Name is Jyothi Prakash M. In my family, we are four members. My mother, My Eldest sister, my younger brother and myself. we have a Bunglow worth 12 crores. That is in my mother's name. Last month, she took me to sub register office and she registered the will. She equally divided the property to me and to my brother and my sister will be getting 1 crore as mother's gift from this property. I and my friend, we both were the witness for this registered will.

Now my query is that is there any chance of cancelling this will from my mother as her mind is very fickle. If at all she wants to cancel the registered will and make a new one. Is this possible? One more thing if she wants to cancel the registered will my signature is needed as I was the witness for the will. So please clarify my duobt about modification of the will.
Thank You
Jyothi Prakash M

Gaurav   17 September 2012 at 22:59

Women to get equal share in husband's property in case of divorce - is it real ?

We are reading and seeing many articles on 50% property share to women in case of divorce.

I went to the PRS website and checked the Standing committe report itself and found the following:

The PRS website (http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227/) says Marriage law amendment bill is pending in Rajya Sabha so it looks like it is not passed yet.

Secondly, if we read the 'Standing committe report' and 'standing committe PRS summary' link, it is clearly proposed and agreed about division of property only in situations where wife has contributed to the property along with husband. Look at chapter 2 - para 13 , 24 and para 7 under chapter 4. ( Attached is the Standing committe report for your reference)

Would like to get experts views on how much of this is truth and will it get really severe for Husbands who own property on their own and own property before marriage?

mohamadsoaib Berawala   17 September 2012 at 18:28

Moot court

Matrimonial case
Shyam and Seema have been studying in the law college. They fell in love and wanted to marry. Their parents were however not willing as they belonged to different castes and Shyam was very poor. The parents dissuaded Seema and took her away from the college. But Shyam followed her and entered into an agreement with her to live as husband and wife. They also exchanged garlands before some friends as was the custom followed by the caste to which Shyam belonged.
Both Shyam and Seemsa were disowned by their respective parents. Though they were majors and educated they could not find work. For some they pulled on by selling some belongings of Seema. After six months of their living together, Shyam asked Seema to sell her ornaments including the Mangalsutra (sacred thread/ornaments given by the husband), so that he could go to Dubai in search of a job. At first she was unwilling; however on persuasion she gave in.
Shyam could not find a job in Dubai. He went to Gokul, brother of Seema who was a chief of a company there. He rebuked Shyam and refused to give him a job. Aggrieved by him Shyam stopped sending letters to Seema who was living on the promises in Shyam’s letters. When the flow of letters stopped, she became panicky.
Shyam’s mother on learning the plight of her son in Dubai became angry. Almost daily she started coming to the rented house of Seema and cursing her in front of many. She alleged that seema was responsible for her son’s sorrows. She said to Seema that she should die so that she may not give birth to her son’s child.
Next day, Seema was found dead as a result of burns. It appeared that she committed suicide by pouring kerosene all over her body and get fire to her clothes.
Seema’s parents complained to the police that their daughter was done to death by her mother-in-law. Police started investigation and filed charge sheet against Shyam and his mother under Section 498A and 304B read with Section 34 of Indian Penal Code. Both were found guilty by the trial Court. They appealed to the high court on several grounds including the following grounds:-
1. That Seema was not Shyam’s legally wedded wife and therefore both Sections 498A and 304B would not be applicable.
2. That the investigation against Shyam conducted by the police was irregular, improper and illegal as they did not obtain sanction from the Central Government.
3. That both Sections 498A and 304B need not be charged together as one charge would do.
Argue.
i need a brief description about this topic in favour of both for and against

siddhi   17 September 2012 at 17:31

Suicide case

Dear sir/medam
My query is like this.pls. help me as eariy as you can as girls perents want to file a case in this situation
thank you
one girl &boy fell in love & married with each other without perents permission
both girl & boy's parents not excepted but they garlands before some friends as was boys custom followed.
After marriage they could not find job so they selling some beloging of girl after 6 months of marriage boy asked her wife to sell his ornaments including her mangalsutra so that he can go to Dubai for work search
first girl was unwilling but some how she agree In Dubai boy could not find job so he went to girls brother who was chief of company but he rebuked &refused to give him job.
Boy's mother hearing that became angry &she alleged that girl was responsible for this & she should die so she may not give born to her son's child
Next day girl was found dead as a burns it appeared that she commited sucide by pouring kerosene all over body&get fired

Sam   17 September 2012 at 15:10

Joint ownership

The flat is jointly owned by Mr. F(Father), Mrs. M (Mother) & Mr. S (Son).

The family constitutes of father, mother, 2 sons & 1 daughter.

Incase of anything happen to Mr. F:-

1. What will be the course of ownership?
2. Is there any legal way thru which the ownership gets transferred to Mr. S considering the fact that there is a loan taken for the same.

SHYAMSUNDAR   17 September 2012 at 10:46

Husband is trying to go aborad

Dear Members,
My clients husband is trying to go to america in order to evade the trial in home town u.s.498. Kindly inform me about the authority responsible which can take cognizance and prevent him from obtaining visa.
Thanks in advance

ChandanLawyersclub   16 September 2012 at 21:46

Wife is not willing to start family

Dear All,
I am married from last 8 years. My wife has no interest in family. I have reasonably good relation with her, but it gets spoiled when I talk her for kid. She does not want me to talk about children
She has some medical problem she is not willing to come for fertility treatment
She is not willing to come forward for assisted medical conception.She is not willing to adopt a kid .She is not willing to give her egg even for if I hire surrogate mother to get child.She is not willing to take oral fertility aid medicine during fertile period
She has not emotions for becoming mother, not have any regret having no kid.
She prevents me having relation during her fertile days. I have discussed all options in detail with her to save our marriage. She do not listens even her parents, even many times counseling done by her parents . She is very stubborn.
When I ask to divorce me on mutual consent if she is not willing to have baby, she ask me for half of my assets and half salary(Rs50000 per month), which is impossible to give. I am very sad to see her behavior . Even I have gone for family counseling in family court 3months. She promised to judge she is trying to conceive but while to me she says it’s her decision, she will not come to fertility hospital for treatment. I have done all my medical test, for me all reports are OK.
She is single kid of her parents all her father’s property she is only legal heir, if I contest for divorce, how much court can ask me to give r alimony to her? I have a house in joint name but all money I have paid, she has not even given single penny. All my saving of last 10years gone in that house. Value around 90L. She was working drawing salary of rs15000 per month , now left job just for break. She is double postgraduate and B.Ed.
I am very depressed , banging my head against my wife to fulfill wishes of my parents, her parents and mine, come forward for treatment form long time. But all efforts are in vain. Pl. suggest what to do?