Amit
23 August 2012 at 19:19
Hi,
First I must express thanks to all experts who have answered my queries so far to the point.
Coming to my current question, my wife filed petitions for maintenance under 125CrPC, 24 HMA and also filed RCR u/s 9 HMA. In all the these petitions she had mentioned that we once tried to forcefully obtain her signature on blank paper and she "refused" to sign and we threw her out since she did not sign.
Now recently she filed DVC and in that petition she stated that we "succeeded in obtaining her signatures forcefully" on blank papers.
Obviously both are contradictory. Does this come under perjury? How can she give two contradictory statements in different petitions? How to point out this contradiction? Should we file a case or mention this during arguments?
Thanks
ranjeet
23 August 2012 at 16:28
is adoption registration complusry in hindu law and witness one is died and another is not coming to court to witness and only photo is proof when his father was died custom done by him and he and his father is having a joint bank bank a/c can he proved that he was taken as adopted son
Anonymous
23 August 2012 at 15:46
Sir,my question is whether artbitration can be done regarding custody of minor daughters. One of my friend sister died all of a sudden. My friends family filled FIR against their daughters inlaws. Later on it was decided that my friends family will withdraw the FIR and an artbitration will be done between my friends family and their sister inlaws whereby the custody of the minor daughters will be given to my friends family through artbitration. Their colony appointed an arbitrator and this arbitration was signed by both the parties. Now their sister inlaws are filling a case of kidnapping against my friend purely refusing the arbitration terms.my question whether arbitration can be done in this case and what can my friend do now. Please advice me.
raj subramani
23 August 2012 at 15:20
Dear sirs,
My mother acquired a property through partition suit of her deceased intestate father. She is one among the four Class I heirs.
Now the problem - On getting a legal opinion on the property a lawyer mentioned in his opinion that the property ownership is not only to my mother ,its to my mother with legal heirs of my mother.
According to sec 14 ,my mother is the absolute owner of the property because its awarded to her through court degree and judgement . and she is the class I legal heir and is alive ,in that sense how the opinion was given? .I argued with the lawyer on above point but he simply refuse me and insulted me .
I need clarification on this issue
Thanks with regards
raj
Net
23 August 2012 at 14:31
Respected Sir, This is on behalf of friend, My friend is a Christian female and married to a Muslim guy 10 years ago, and they have a 10 years old son. They had applied for a divorce ( mutual ) 2 years ago. Her husband had agreed to pay her an alimony and take care of the maintance of the child. Thou Her husband is taking care of the childs maintance , however the alimony is not paid. As her husband lost his job and accumulated a lot of debts. The divorce is pending in the court due to non payment. His parents have a house ( Fatherinlaw's self earned property) , They have 2 sons and 1 daughter, My friend’s husband is the eldest one. We got to know that they are planning to make a will of the property to there daughter and one son ( My friend’s husband is not been given any share or money ).
My query is, Can my friend request for a share for her son ( grandson to the property owners) ?
Is there a way she can challenge the will if executed.
Your advise will be a greatly appreciated and can save my friend’s and her child’s future
Member (Account Deleted)
23 August 2012 at 11:03
Hello Ld.Experts -
I was out of India for couple of months, during this period my wife filed a DV against me at Judicial FC Court. My child access petition and wife's subsequent divorce petition was going on at family court for last 2 years. Opposite lawyer and my lawyer were meeting in family court for child access petition and I myself attended family court thrice after coming back to India . I and my lawyer were totally unaware about DV case proceedings at Judicial Court. Wife produced ex-parte order in DV case at family court and a copy is given to me last week through family court. The DV order says I was "served the notice", but I was out of country and I did not receive notice from court. The DV order date is 3July. I have to get the certified copies from court to file appeal which will take 10-15 days. In this scenario, how many more days I will get to file appeal in this case? Order says every month maintenance and rent to be paid. From which date maintenance payment schedule starts? Is it mandatory to have my ‘received signature’ acknowledgement or just posted the notice in mail(it might have come and gone back seeing locked door) is sufficient to mention "notice was served" in order? Can my wife initiate any police action/arrest using this order against me without any further notice ( for execution of the order)? My wife will base their family court further arguments on this order, will an appeal on this order can be used to counter those arguments in family court? What impacts will be there on family court decisions with this order?
Sorry I have many questions...
thanks
robo
GANESH
22 August 2012 at 18:55
As per Hindu Succession Act.If by love marriage a Son/daughter gets married against the will of his/her family and leaves them.Whether he/she has any right to claim a share in his/her Father self earned property or Mothers share of her family property and the limitation period applicable for it.
Can the self earned property be given to one or more children by the deceased leaving the (Love marriage)son/daughter "0" property by will.?
Will it be possible to gain knowledge about the Will if any written and registered by the deceased Father (by the love marriage) son/daughter without the intereference of living Family members.Where and how could one obtain a copy of it.
Amit
22 August 2012 at 18:43
Hi,
My wife filed a petition to cancel my divorce petition citing Order 7 Rule 11 of CrPC. She mentioned that my divorce petition is filed 18 months after marriage.
It's not clear what this Order 7 Rule 11 is and why there's a time bar for filing divorce petition.
I filed for annulment for fraud (petition filed within one year of discovery of the fraud) but she did not cite HMA Sec 12(2) for time bar.
Can any one enlighten me on this?
Thanks
DEEPAK MISHRA
22 August 2012 at 15:40
Sir/Madam,
My wife left me without any reason on 30/08/11. I filed a case under section-9 on 03/09/11, but she never attend it and filed a 498a case at her hometown(Kasganj,U.P.)on 17/09/11.
On 02/10/11, at police station she took back her case, after that police submitted FINAL REPORT to the District court Kasganj.First hearing on that FINAL REPORT was on 20/01/12 but neither she went before the court nor came to me(as i had filed section-9 case against her).
Kasganj district court stopped sending summons to her from the month of february,12.
Sir please tell me that how long the court will take to declare the case as DEAD or will accept police FR as final and close the case?
Sir also i want to ask that what is the maximum time within which she can reopen the case again under 156(3) or any other mode?
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