R.K.Sahu
24 July 2012 at 17:14
From R.K.Sahu
Bhubaneswar, Odisha
Dtd. 24.07.2012
Sir,
I need your valuable suggestion on the matter of Adoption. In fact my elder brother (6 year older than me)is living in a different house since 50 years and adoptee father name is printed in all educational documents (Matric onwards).After giving and taking, the adoptee father blessed with a daughter from his second wife (being first wife alive). At present both children are married and the adoptee father his first wife has been demised and second wife is live.Now, the daughter claims that the adoption was not made even after a will and partition deed was made by the adoptee father in the name of both the children and claims full property and challenging the adoption.
At this juncture, I would like to know that, can the daughter or his mother (second wife of the adoptee) file a petition to nullify the adoption? and the adopted son to come back to his natural father?
I would be grateful to you for your kind information in this regard.
Janhavi
24 July 2012 at 16:38
Hi, Im janhavi, I was married as per hindu tradition in 1998, it was a arranged marriage, I have a son who is 13 yrs, my husband was going around with his colleague and forcing me for a Divorce on mutual consent, when I did not agree for a divorce, I my husband filed a divorce case in 2006, he attended the court hearing only 2 -3 times. After many hearings, court has passed an order of interim maintenance and litigation expense in 2008 and also mentioned that case will not be continued until he clears all the arrears till date. I waited for 1 year and filed a execution, but I could not get his company details , so we had to withdraw the execution case taking liberty to file it again. But he has been absconding, when I went to his parents, they say that they are not at all in touch with him and do not know about his whereabouts.
Till date he has not paid anything or not taking care of my son.
Recently I got to know that he is married to that same colleague and settled in UK and they also have a kid… When I went to the police station they said 2nd marriage will not come under them and I have to file a case in the court.
But I do not have any evidence for his 2nd marriage,
Please suggest me what legal action I can take against him.
Member (Account Deleted)
24 July 2012 at 14:57
I have have filed case for custody and visitation right of my son , who is 1 years old and living with his
mother from sept'2011.I filed case 15'th May , the hearing was 12,july , due to strike , the hearing void .No child abusion case ,
no police case is filed till date against me.Please tell me how much time will court take to give me visitation right?
Is there any provision for Interim visitaton right ?I am very painful situation for my son
Rakesh Singh
24 July 2012 at 14:22
Hi,
I have 498A case pending in UP. Can i file a petition for Divorce in Mumbai where i stay.
Member (Account Deleted)
24 July 2012 at 09:18
My wife is residing in her parents house for last 1 year.I have requested her several times to come back,but she did not.
I have several times send her letter also.
Can i go for right of congugal Act?
if it is , do i need a lawer or can i file by myself ?
What will be the cost of this suit ?
Atul Kumar Va
24 July 2012 at 01:09
The flat is 10 years old and the building also.
The flat is in my Mother and Fathers name........The payment of the flat was done by my father thru his earnings only.
As the tradition is in India to keep property in wife's name so my father kept the property in the joint name of my Mother and himself respectively.
My lovable mother expired 2 years back.
She didn't make any will.
My father is alive.
We are 3 siblings and above 35 and well settled.
Now my questions are :
1. Is my father the sole owner of the property as he has purchased the property by his own earnings and paid thru cheques from his accounts which is documented.
2. Do we siblings have any automatic legal right to the share/part in my mothers name ?
3. As my father is sole surviving name in the possession agreement, so is he the sole owner of the property and owner now ?
4. Now we siblings want and have requested the society to transfer the share certificate in my fathers name but they r asking us siblings to give them NOC to transfer share certificate in my fathers name........is this legally correct ?
As we feel that as he purchased the property by his funds so it should automatically be his only............
We only need from our society that my mothers name from share certificate be removed and only my Fathers name should remain there and correction be noted at the back of the share certificate.
But they r insisting on NOC from us 3 siblings.
If we dont have any legal right on the property then how can we give NOC and who we r to give NOC to our father ?
The property is my fathers and it should go to him automatically and shares certificates also.
We can give NOC, but why should we give NOC to our father if its his property and made by his own acquired wealth and efforts ?
We feel very ashamed to do this act.
What does the law says ?
Please suggest me what the law has to say about this as all advocates have there own opinion about this issue.
Regards.
Atul kumar
24 July 2012 at 00:45
If Court award maintenance against husband under domestic voilance and wife fieled recovery for payment of maintenance, then under this act which procedure the recovery of maintenance will proceed
1- in civil
2- in criminal
if husband not pay any maintenance under domestic voilance then, can magistrate send jail to husband, if yes then for how many days
Bub
23 July 2012 at 23:35
I missed filing my affidavit of evidence on the date it was posted for filing. On the same day the opponent filed an application to close my evidence and subsequently the judge closed my evidence. I have filed an application u/s section 151 CPC in order for judge to set aside the earlier order passed by the same judge. Can you please help cite some judgements which would have got passed under these circumstances. Kindly help as the hearing is this week. Kindly assist urgently.
rsraghukumar
23 July 2012 at 22:57
sir
i have the following two doubts, please enlight me sir.
1) Bigamy case is attracted to woman or not. I mean to ask sir, if a woman marries second time,where her first marriage is subsiting,will Bigamy case attracts for a woman? Or bigamy is only for men?
2) sir i filed OP before family court. but subsiquently it was transfered to Senior Civil Court, which is not family court. the OP file is transfered by High Court to Senior Civil court. and OP was declared in my favour. the girl prefered appeal in FCA before High court,the case decided against the appeallant.
Now my doubt about the second point is sir, will senior civil Court which is not family court and which was transfered to that court as per high court is having jurisdiction to declare marriage as null and void or not.
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Maintences
sir if a husband refuse to pay maintance since from 18 month and always passed on warrant by bribe what a lady do