SANDEEP KUMAR
05 August 2012 at 22:38
Suppose a muslim wife changes her religion. Within how much she should
1. Inform her husband;
2. File case for getting divorce from her husband due to change of religion
chandani
05 August 2012 at 21:07
hi all i am going through a divorce litogation.my husband is playing around with our joint accounts and also my single handed account.He from his post office account and other accounts use to trasfer amounts to my bank account(my single handed account) and then withdraw the samwe from atm.i in good faith and good times never asked him as to why ? but now in the court he is showing his account details tat he trassfered huge amounts to my account and that i withdrew tat money and took it in possesion? what do i do and how do i prove tat it was him and not me and tat he took my atm card or sometimes asked me to withdraw the money.
Neeraj Kaushal
05 August 2012 at 18:40
sir,
i have filed petition u/s 9 of hindu marriage act against the respondent /wife , wife filed application u/s 24 for maintenance , court awarded maintenance to the wife in proceedings u/s 24 of Hindu marriage act, and now wife has filed petition u/s 125 of Cr.P.C. in any other court, court in proceedings 125 awarded maintenance allowance , and now husband is paying maintenance in 2 different courts, if husband withdraw the petition section 9 of hindu marriage act , then maintenance awarded u/s 24 will be stand remain or not , because this application has been filed by the wife in proceedings section 9 and husband has not paid some installments of maintenance whether remaining balance of maintenance will be stand against respondent or will be forfeited if main application has withdrawn by the husband .
lopita saha
05 August 2012 at 14:44
i am a widow my husband died 10 years ago. leveing me and a child , the chaild has some mental problem. father and mother in i laws after husbands death tried to evict me forcibly from their house which belongs to my mother in law. i had been residing with my late husband in that house from our marriage for 16 years. due to my sons mental problem i have to go to my parents house for bettrement. now at that time my fatner and mother in law make a gift deed and gift all property to bharat sevashram sangha. i have no income and no house to reside. What right does i have on the said property after the death of my husband? i have no source of income and is dependent on my siblings for survival. ( as my chile is a mental patient) . now please advice what to do ? i have any right in the house where i live with my husbend? what to do now? i am helpless please help. IS THERE ANY LIGHT IN FAVOUR OF ME?
vijaykumar
05 August 2012 at 12:32
dear sir
i vijaykumar we sold our fathers property & divided between me & my 2 sisters after that i purchased a property in my mothers name & now my sisters are asking for a share which is in my mothers name which i purchased from my hardship i don't like to share the same but my mother is willing to give them the share bcoz its in her name.i had divided my fathers property to them with their signatures on the documents when we sold it now i am in a fix i am going to lose my hard earned property. please sir tell me what to do i will be very great full to u waiting for u r reply. thanking u your's faithfully vijaykumar
Shantanu Wavhal
05 August 2012 at 11:33
What would be my fate ?
What is the process of IPC 494 complaint proceedings ?
I have filed IPC 494, 109, 417, 420, 34 on my void marriage wife.
cases pending are -
1) HMA sec. 11 - declaration of nullity - filed by myself
2) sec. 24 - Int. maint. - filed by the Respondent Void wife.
3) dowry harassment complaint filed by the Void wife at Mahila Suraksha Samiti.
facts :
husband (myself) has Divorce Decree out of his first marriage.
void wife has Sub-Registrar DIVORCE DEED (customary) out of her first marriage.
there is no custom among the wife & her 1st husband.
married in May 2011.
desertion in Oct. 2011. (lived together for total 2/3 months by summing up the pieces)
sec. 11 filed by me in dec. 2011 - wife (govt. servant - salary = 35 K / month) & her first husband (teacher), both are respondents.
summons served in Jan. 2012.
first husband appeared on the first opportunity given by court & filed his WS.
In March 2012, i filed HMA sec. 21B application for expeditious trial - court ordered OTHER PARTY TO SAY - no say is given by R1 & R2 till date.
void wife sought 3 opportunities to file WS - but filed none - NO SAY order passed.
on next hearing (10 / 07 / 2012) she got NO SAY order SET ASIDE and filed WS (no dowry allegation at all in WS) + sec. 24 application.
on the next calander day (11 / 07 / 2012) she filed complaint at CAW - dowry harassment = 10 Lakhs.
i was informed about this complaint by CAW on 26 / 07 / 2012 & was invited to appear on 28/07/2012.
accordingly i appeared at CAW & recorded my Statement along with the certified copy of my sec. 11 petition and the sec. 24 app. filed by her - she was absent.
her lawyer told me that she has also filed DV case (i have not received the summons yet).
Her offer to settle the cases = 65 Lakhs.
kennii
04 August 2012 at 17:18
Can a married couple apply for registration of marriage in mumbai where they are presently residing together for the last 7 years but marriage was solemnized under hindu marriage act at another state. Marriage was taken place more than 15 years back. Please guide with the rules and procedures to follow for registration in Maharashtra if allowed.
Thanks!
vineet
04 August 2012 at 15:48
Dear Experts,
Kindly clarify that : 1)what is the max.time required for filing the chargesheet u/s.498a,406,34IPC by the I.O.?
2) A FIR was registered in june 2011 under above sections. Since one year passed and the investigation is still on and uptill
now,no chargesheet filed.
After such a long time, i.e. inordinate delay in investigation, Can police file charegesheet or not?
3) Can FIR be quashed on the basis of inordinate delay?
Thanks .
VEE KAY.
Sandeep Tiwari
04 August 2012 at 13:53
My younger brother had been suffering from mental disorder after marriage and as such currently he is also unemployed. He got married on 13/02/2005 and thereafter on 17/11/2005 a male child was born. We are a joint family living in a very small house having two 2 Nos. of average room and a small room. One room is living cum kitchen and other one is occupied by me, my wife and 2 daughters and the small room was occupied by my younger brother and his wife and child. After the male child took birth, the maternal relatives of my younger brother started regular visit to our place of residence in order to have meet the baby and sometime the number of visitors of the maternal relatives of the petitioner was in such numbers that it was not convenient on our part to accommodate the entire visitors, which subsequently created a unhealthy situation at our house. My younger brother’s wife finding such a situation, started demanding a separate house to live and further to accommodate her relatives but due to merger income he could not fulfilled the demand of a separate house and due to non fulfillment of the demand his wife started emotional blackmailing him that if he does not fulfill the demand of a separate house she would leave her matrimonial home. Her attitude started changing drastically with time and she became more and more aggressive, ill mannered and took up quarrel with every petty issues. My brother tried to persuade her parents to tackle the state of their marital relation which was deteriorating day by day but all attempts made by him to persuade his wife and her parents to retrieve the marital bond went in vain. His wife continued with her stubborn and exasperating attitude leaving a cumulative effect of distress and pain on his mind. On 05/02/2009, both of them quarreled and she deserted my brother and warned him not to visit her. However, my younger brother went to her father’s place many times to bring her back but she denied. Due to such an attitude, my brother had been to a state of depression and under Psychiatrist treatment till today. The most distressful part of the entire incident was that the she never allowed my brother to have any access with his son whenever he visited the maternal house where she had been staying with their only son. She regularly denied to accept any food articles, cloths and other gift items which he used to take along with him to give to the her and his son. In the mean time she had also filed CRPC 125 (seeking 1000/- towards maintainance for herself and 1500/- for her child) which was ex-parte as we could not follow it up, due to focus on treatment of my brother. Now, execution order under CRPC 128 is now under trail in lower court at West Bengal. I am the only earning member who had to look into all this mess in the two families. My father is around 68 years and mother around 60 years. They have seperated income from house property and there lively hood remains on this income. Currently they had also filed a DV+ Stree Dhan.
1. How Should I take control of the situation?
2. What can I do to defend my brother and family?
3. They are demanding 5 Lacs to settle the issue and cases which I don’t have?
4. What are the legal point and acts which can help me and stop them from offending us?
5. Pls. suggest any other way out..
6. I Have few reports of my brother's on going treatment and prescription to offer for his defence.
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Rights of wife
A muslim wife has certain rights like maintenance. She wants to file a petition for divorce but without seeking those rights in that petition She also does not want to forgo those rights. The question is
1, Can a Divorce petition be filed by a muslim wife keeping all her rights open, which can be exercised later on, if need be?