sensitiveman
13 April 2012 at 11:00
Dear experts,
I got married 4 years ago. We also have a 2 yr old male kid from this wedlock.
My wife deserted me around 8 months back without any reasonable cause. The main cause behind this desertion is her stubborn nature supported by her parents. Due to her nature, she was not able to adjust in matrimonial home since beginning of the marriage may be because we are from simple family background with lower income and traditional values and she was from an upper class category . Due to this, she never accepted our culture and always continued to live as she wanted. She always pressurised me to go to hotels, movies,etc every weekend which was not possible as I was unemployed initially. Later on once I got employed, I used to take her out once in a month as I was the eldest in family so I also need to contribute money towards other members of the family. She never respected my parents and sister.
Around 8 months back, we had a big fight which went to the extent of physical nature. She attacked me and in defense even I attacked.
Later on, I realised that whatever happened was not right.I felt that I should compromise just for the sake of small kid so that he should get love and affection from both of us and hoped that even we would improve our relations. I tried to get in touch with her through mails, calls, SMS, relatives, etc. but they are not responding and keeping quiet. At the same time, they had also defamed me and my family in the community.
Inspite of all these, I am flexible and open either in continuing the relationship or for separation but for this how can i get to know her intentions?. If she doesnt communicate her intentions then for what time I should wait to apply for divorce on the basis of desertion. Also, i need guidance for child access and future course of action.
Thanks in advance.
MANOJ NAYYAR
13 April 2012 at 02:15
A is senior citizen male, formed a HUF in 2009-2010 with his son B as a coparcener. Other members are A's wife, B's wife and minor son & daughter of B. A has 2 daughters married before 1990 and one of them died in 1995. The HUF has been constituted or came in force in state of Punjab in 2011. There are tax savings deposits in the HUF as assets with a tenure of 5 - 10 years. My questions are :
1) Does son & daughter of B ( who are minor ) are coparcener in the HUF or are they members ?
2) Do the two daughters of A also become coparceners in the HUF constituted in 2009-2010 though they were married much before 1990 ? Question is in view of successions acts amendments of 1994 & 2005.
3) Since A is very old ( abt 80 ), in the unfortunate event of anything happening to A, what will be required for B to take over as karta of this HUF ? A simple declaration by B's mother and B will suffice or signatures of live sister mandatory ? What about the deceased sister ?
Thanks in advnace.
jagdish arora
12 April 2012 at 19:25
Please confirm me what is the right of daughter in law in the property of grand father in law and when grand father in law is not alive and father in law is alive and divorce case is final in favour of husband on exparty basis.
please confirm me above if any related cases or order passed kindly confirm me above.
S P Goel
12 April 2012 at 14:50
Respected sir, Under DV Act and giving interim benefit to my wife, court restrain me for creating third party interest in my house. I wish to know whether I can give house on rent. thanks and best regards spgoel delhi 9810101999 Pls give reply with some section, clause, justification, judgement sir and oblige me, it is life and death for me. thanks again.
rsraghukumar
12 April 2012 at 00:01
sir i filed OP to declare my marriage as null and void on the ground that the girls first marriage is in subsistence with another person.
sir that first husband before three days of second marriage with me,filed Suit along with IA Injunction Petition to stop second marriage. Accordingly Court has granted injunction order. the girl is D1, me D2 and her father is D3. injunction order, notices and summons served on D1 and D3. but they both refused those orders, notices and summons performed second marriage.that notice was not served on me as first husband was not knowing my adress at that time when he filed the Suit. if i would have known that issue i would have stop marriage with that girl. my bad luck sir. first husband not filed contempt of court. the best reasons known to him only.
sir i came to know that SC and HC judgements are there that when marriage is performed when injunction order is in force, that marriage is void under law. is it correct sir? if so please help me ingetting that type of ciation. my appeal is in pending. i will file in HC.
thanking you sir.
victim after marriage.
Law Querier
11 April 2012 at 19:07
According to Section 33 in The Registration Act, 1908:(1)For the purposes of section 32, the following powers- of- attorney shall alone be recognized, namely:
(c) if the principal at the time aforesaid does not reside in India, a power- of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government: Provided that the following persons shall not be required to attend at any registration- office or Court for the purpose of executing any such power- of- attorney as is mentioned in clauses (a) and (b) of this section, namely:-- (1) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in Court. 1[ Explanation.-- In this sub- section" India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897 )].
But, According to Section 14 in The Notaries Act, 1952: Authentication by Notary is allowed where reciprocal arrangements under the said section exist. i.e.only in case of the countries United Kingdom, Ireland, Hungary, Belgium and New zealand. i.e, Power of registration executed in the Countries (excepts United kingdom, Ireland, Hungary, Belgium) will be authenticated by the Indian Consular Office in that country. and not by the Notary.
My question is: If the Power of Attorney made for the purpose of Family court matter is notarized by Public Notary of Canada only and not countersigned or authenticated by Indian Consulate/Embassy of Canada then the POA is legally Valid or Not?
Please give proper reply.Thanks
Priyesh Shah
11 April 2012 at 16:05
The question is that in case the husband expires first, then the spouse becomes the legal heir. But later if spouse expires and they had no children, then what is the hierarchy for legal heir.
The Husband's parents had expired before his death. However he had brothers. The Spouse's parents expired before her death, but she had brothers.
Who has a legal right, husband's brother's or spouse's brother ???
shyam gulati
11 April 2012 at 13:02
Dear sir/Madam,
I have drafted a WIll, in which i have marked 2-3 points i want to know cleareance about this point.
1. person is Roman catholic
2. can person will -for the property acquired in future
3. can its mandatory for registration in catholic law
Pls advise me accordingely
thanks
shyam gulati
G V RAO
11 April 2012 at 12:47
I have received an emergent notice from highcourt. They have asked me to appear along with lawyer within 5 days.
I am out of station and due to personal work , i can not go by this week to court. Also i need some time to find a suitable high court lawyer.
Can i send a letter to court register about my position and asked for some more time.
What shall i do ?
Pls advise
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hi all,
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