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Pooja   07 November 2018 at 23:18

marriage validity

Hindu and Christian got married I'm church.
Madras high court judgement states that it not valid if either of them doesn't convert.
Couple never lived together but in touch.
Now they don't want to be with each other.
The marriage would be valid as the same is neither solemnized under special marriage act nor register in court ?

Pooja   07 November 2018 at 23:13

Hindu Christian wedlock

Hindu and Christian got married I'm church.
Madras high court judgement states that it not valid if either of them doesn't convert.
Couple do not live together but in touch.
Now they don't want to be with each other.
The marriage would be valid as the same is neither solemnized under special marriage act nor register in court ?

jains   07 November 2018 at 05:02

Divorce

Parties married as per Hindu custom. Husband filed Divorce petition and obtained decree of divorce expartee. All steps returned unversed to the wife and the noted reason in the returned envelop is door locked, even though there was always persons in the address. The husband is trying to get married again and on his attempt wife came to know about the expartee divorce order. The order was made before 7 months. so there is delay also. Whether the wife can get a stay of the divorce order so that she can prevent her husband's new marriage ?. Is she file appeal before High Court.?

Anonymous   07 November 2018 at 00:15

Interreligious wedding in church

A marriage ceremony perform in church of a Hindu and Christian is valid in the eyes of law if not registered under court.

Note : couple not living together but in touch.

Yes or no and please suggest further action for dissolution.

Anonymous   07 November 2018 at 00:10

Validity of Hindu Christian marriage in church with no regis

whether Hindu Christian Marriage is valid in Church or not ?
No registration has been done in court.

Anonymous   05 November 2018 at 21:51

Wife is absconding

My wife is purposely absconding saying that I tortured her. I think she is trying to fleece me she always runs away to her parents house saying I tortured her. She purposely insults me and tries to fleece me of my money now she is absconding without contact I am not sure what her intentions are I think she is trying to do something to me. Can you please tell me what are my options she knows that I have property on my name and trying to snatch it. It is about 10 days sine she has left and is showing weird behavior what are the precautions I need to take to save my hard earned savings which she is trying to fleece. Can I transfer my property to someone else name so that she does not fleece me. She keeps all her activities under cover and is trying to snatch mine. Because of her and her parents I lost my job and I am jobless now. She has told me several times that Indian law is in favor of girls and that I can do nothing about me. She has even me threatened with shock and surprise.

Anonymous   05 November 2018 at 17:02

Contested divorce query

my wife had filed multiple cases like 498A, 506 in Dec 2015 at Andra pradesh and then i filed a divorce case on jun 2017 in Karnataka where i live, after this she again filed a D V Case in Aug 2017 and an RCR in Dec 2017, and she has not pressed RCR and D V Case in may 2018 but has kept 498A and 506 in pending and i am attending the case at her place. I have told her to come for settlement, now she is telling she is not willing to divorce me and want to join me again, which i am not ready to accept.

My question is if i loose the divorce case which i am contesting, is it compulsory that i should live with wife though i am not willing.....? can the judge or the court force me to take her back....?

Anonymous   05 November 2018 at 13:31

Daughter share after mutual consent divorces

Hi,
My wife ready to do mutual consent divorce but not giving my daughter... If I mentioned in agreement that child and wife not entitled for any maintenance and share in property then can daughter still get property share if my daughter demand share in future ?

Rishab Dutt   05 November 2018 at 01:34

How to get divorce

Hi,

I was married in December 2015 and she stay wit me for only for two weeks then she gone at her home.

She told me that she don't want to married, she married because of his father.

In October 2017 she come for 25 days then go back to her home. Upto now there is no communication yet. Not even single call

She don't want stay with me and her father refuge to sent girl and to gives me Divorce.

I am a middle class guy and they are millaniar, her father and family member told me that they will destroy my family.

Can you plese give me advise on this.

In advance thanks.

perumal   03 November 2018 at 11:18

Applicability of section 23 of hs act,1956 amended on 2005

Sir,
I have sought for opinion on the applicability of sec 23 of Hindu Succession Act, 1956 as amended during 2005.
The History is narrated below as already forwarded.

A property of two houses jointly constructed stands in my mother’s name. She died during the year 1996, well before the enactment of amendcd Act, 2005. The legal heirs are as follows.
1. My father – Widower - died during 2012, ie after the enactment of amendcd Act, 2005
2. Myself - only Son
3.Ist daughter – married before the death of my mother i.e., during the year 1979
4. IInd daughter – married before the death of my mother i.e., during the year 1983

My father while he was alive, released his 1/4th UDS share of one house (among two) on 3rd october, 2005 by a registered deed to one of my sister and also made a open in the centre wall between two houses and kept open to the other house which is under my occupation and enjoyment. Through the new opening door, my sister who enjoyed the other house and IInd sister (she was allotted a house by my father in her name by registered deed) blocked my kitchen, bath room, latrine and stair to upstair threatening that equal share should be apportioned and partitioned.
I have not yet approached any court to seek remedy.


I have received good suggestion and opinion on applicability in my favour by our experts, Mr.Shashikant Patiln and Hemant Agarwal on this issue.

While I have gone through some judgements of Apex Court, in one case it is noted as below.

“ The recent precedents of the Hon'ble Apex Court are consistent in laying down the law that in matters where no partition was effected anterior to 20th December 2004 or no final decree was passed or any testamentary disposition took place before that date, the daughters on par with the sons could seek partition as the co-parceners”.

In my case also no partition has not yet been made till date and no court case is pending in any court in this regard. If it is so, shall my sisters be treated on par with me (son) and could seek partition as the co-parceners.

I shall be very thankful to clear my doubts, sir.

Perumal.M