mohamadsoaib Berawala
17 September 2012 at 18:28
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
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
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
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
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?
sasha
16 September 2012 at 09:38
hi,
my husband has put a case of section 9 and child custody against me and both my children .my eldest son is 9 and my daughter is 3years .my husband has left our house 2years back .court granted a maintainance of 30,000 rupees per month .he is not giving that and 4 warrants have been issued against him.
recently i hav put 498a thru high court bcause i never got justice from police .running around to submit evidence .domestic violence case is also going on .
after such a long legal battle can court direct him to stay with me and can the custody of both my children b granted to him ,since i am not the one to desert him . he was the one who deserted us .
kavksatyanarayana
16 September 2012 at 09:01
sir,
1. The property acquired by your father in his individual name he may dispose it as he likes i.e. either by will or gift(settlement).
2. The properties acquired by your father in the name of your mother, she is the owner of such properties as per sec.14 of H.S.Act and she may dispose her properties as she likes either by will or by gift (settlement).
And regarding ancestral property, all the family members(except your mother, untill your father alives) have right over the ancestral properties. But your father made a will, hence it should acted according to will.
kavksatyanarayana
anish
16 September 2012 at 08:18
Apart from his own properties, my father during his life time had acquired several immoveable properties in my and my mother’s name. They were never purchased with cheques/funds directly from my father’s bank account or by his money directly. Either they were purchased from our funds or sometimes father would loan us money to purchase property. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL. After his demise my father’s properties are transferred in my name as per his WILL.
Now my brother has filed a suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family and asked for partition decree and injunction order restraining us to deal with property. None of the properties are in his name. They are either in my name or in mother’s name.
1) Is his claim valid?
2) Even if we had taken loan from father to purchase properties in our name, does father and hence my brother has any title over it?
3) Can these properties held/owned by members of a family in their own name/ownership form part of Joint family property?
4) Hypothetically even if my father had directly purchased property from his funds but in our name, would my father and hence joint family of my father gets any claim over such property?
4) Is there any law which covers this situation?
Member (Account Deleted)
15 September 2012 at 22:10
Is a Pre - nuptial agreement valid in India? If the parties to the marriage satisfy all the requirements of a valid contract and enter into a contract agreeing not to claim any share in the property of each other, will it be a valid contract?
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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?