rsraghukumar
11 June 2012 at 21:51
sir
Generally to prove a marriage in the court, eyewitnesses are compulsory to call as witness in the court?
Then in love marriges, generally bride and groom will marry in the absence of both side elders,friends etc in a temple. in such a case how to prove this type of marriages in the court if the following are not there with husband or wife before filing divorce petition:
a) eye witness to their marriage is not there as it is love marrige
b)temple receipt is not there
c)photos and negatives are there, but i came to know that the evidence of photographer is necessary to call as witness in the court. then if the photographer's shop address is changed or closed his shop how can court can call him as evidence
d)priest who performed their marriage is no more.
in such a case how court will come to conclusion if direct or eyewitnesses are not there.
is there any rule in hindu marriage act that eyewitnesses are compulsory to a marriage in the court.
rsraghukumar
11 June 2012 at 21:22
sir please clarify the following few lines relating to establishment of marriage. i got these lines from SC judgment:
"When the fact of celebration of marriage is established it will be presumed in the absence of evidence to the contrary that all the rites and ceremonies to constitute a valid marriage have been gone through."
sir my doubts from the above lines are:
a)Sir what is the meaning of "absence of evidence" .(it means eye witness or dircet witness or documentary evidence or any other thing it conveys sir. i am unable to understand the meaning)
b)what exactly means establishment of marriage.
please sir awaiting for the reply.
With regards:
Victim after this marriage.
mk kumar
11 June 2012 at 17:11
my brother is filling for divorce, he is not having his own property, my parents are alive and they have their property. please tell me after divorce, my sister-in-law have any right for share in husbands parental property?
Member (Account Deleted)
11 June 2012 at 16:22
RESPECTED SIR, My brother-in-law (not real)was married in 2004,they leaved her in 2006, till now she is at her brothers home. she dont have parents and all those legal fundamentals, even she and her brother dont have money to spent on this, her brother tried through elders to settle all well but nothing happened well,they abused all those who visited.
The girl is innocent and hard working(i have seen)and of cool nature, obedient, sincerely dedicated type and god blieving.
Her husband is studying in MALLB etc trying for RJS,and also having a different type of behaviour, he is saying that he dont want her,he is always reading like HANUMAN CHALISA, RAM CHARITA MANA, always. strictly dedicated in god hanuman.(he is interferring in my family issue and exciting my MIL,)
MIL(greedy and real sister of my MIL) and FIL(drinker and abusive by nature) is saying that our son is like a judge so she dont deserve to be his wife as she is not educated.they even not allowed her to sleep with him.they beaten her and made to leave the house.
Till now nothing has hapenned legaly.i know they will not accept her at all.she is poor and all hav sympathy only (not helped her) sir plz advice what to do(have 5 year separation now)...now..i want to do something for her.?
Rohan kage
11 June 2012 at 14:40
Respected Madams & Sirs,
I would like to know whether the HMA 1955 section 24 is for the benefit of petitioners or even respondents can file for it?
Regards....
Advocate Ashish Ranjan Samal
11 June 2012 at 14:21
Dear All Exports,
Plz mail detail procedure of Court Marriage,How to & when Apply for that, which form used, etc
Regards,
Ashish
Banshilal Das
11 June 2012 at 12:02
I am the only son of my over aged parents and usually met them once in week.My wife always insisted on living with me in the residence of kolkata with my 5 years son and will not look after them.So,there were some misunderstanding among us for the last 2 years.We are living in kolkata since Nov'2009.
Now in last of this Jan'12I came to know her extramarital affair for 1 year and for that she was taking such stands. I firmly decided not keep her here in kolkata anymore and called her father to make her bound to leave kolkata and separate both of lovers.They took her away but began to complain that I have tortured her mentally, physically and her marriage was not being consumed etc. etc. So she will stay with her parents.I have gone to convince them that the matter is over I want to give her another chance for a better marriage life,but driven away with a threatening to spoil my whole life in jail etc..My parents went there to bring her back but in vain. Now she is a bike girl of local spoiled boys.
My FIL have no time to discuss the matter before winter.So, what can I do when visitation of my little angel is also prohibited.?
1) Out of 7 sets of ornaments my wife has kept 4 ( for regular use) sets when she left me in Feb'12 from my residence of kolkata.Other 3 sets were kept in our native place with our parents.Out of these 3sets one costly neck-less which I gave her at the time of marriage.In March'12 she demanded the entire 3 sets but we refused to give neck-less only but they insisted on entire 3 sets.We have poor knowledge about the law.Now when we want to give them all but they are not willing to take back those and alleging that we are not giving them. Is there any way to avoid the Sec 406 ?
2)I have no immovable assets in my name.I live in my parental house.Should I transfer my heritage house to my mothers' name to avoid right of residence under DV act ?
3)Shall I continue 3Nos of LIC Policy for my Son? or stop it.Its premium is about Rs.7,000/- qtrly.Or continue till lock in period.
4)Should I leave my job and a took a low scale job to give those greedy in laws low maintenance with the argument that I have to look after my over aged parents in my native place?
5)Should I inform Our SDM under 97 Cr.PC to establish that she is living with her parents according to her wish and I did not compel her to stay their or How will i prove that she has left me at her whimsical and greedy motive?
6) Since she has left for her parents in Feb'12 I have been sending Rs.1,500/- each month for her pocket money through money order.Will it favor anyway in future legal battle ?
Adv.Vishal Anil Vyavahare
11 June 2012 at 11:31
Hi Sir,
Good Morning.
My friend died in 2010.His widow wife and a son living in a Joint Family, there are some Joint family properties. Now widow wants to remarry so her right can automatically extinguished from JHF property. But her son going to live with his Maternal Uncle. JHF members ready to give share to Son but he is minor.
Is Notary Document is sufficient regarding above issue ?
* Can his widow Mother sign notary document on behalf of minor son ? or
* Is Registered Relinquish Deed of property is necessary To avoid future litigations ?
* In short sir JHF dont want to maintain any relations with widow and son.
So please suggest appropriate Remedy for above issue.And some case laws regarding that.
Thanks,
Adv. Vishal A. Vyavahare
Chandwad (Nashik)
c.k.sharma
11 June 2012 at 09:29
il-legally migrated bengla desi girl was married to an Indian hindu boy 14 years ago when she was minor.Now She has a son 9 years old Is She now entitled for relief under DV Act as it states that "ANY" women having domestic relation ship subjected to domestic violence is entitled for a releif
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My wife commited sucide after 22 days in her father's home
Dear Sir,
My wife went to her father's home on Feb 6th 2012 because her personal problem, and commited sucide on 28th Feb 2012 in father's home. Almost after 22 days she commited sucide. Her father filed 498A, 306, 406 and 3and4 DP act.
Her Father and Mother and family members tortured her because of that only she commited sucide but we dont have proofs.
But she wrote a sucide letter before hanging that is against me. Because of me only she committed sucide which was wrong.
Could you please tell me, If she committed sucide after 22 Days (not in my home, in her Father's home)will it impact on case at our side. 22 days She never called me. I never called her. even my family also not called her. No intaractions among us also.
I heard, if she went her and committed sucide immidiately (in 2-3 days) in her home then only it will impact on us. But after 22 days it means there would be other causes of her death. But no proofs.
Is there any JUDGEMENTs related to this.
Regards
Anil