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skgupta   07 April 2012 at 10:29

Rights on property

sir you could guide me what are the rights of children born from second lady with out any marries on anchestrol properties the lady is live and husband is dead the lady was attached in year 1956 after hindu marries act1955 she have 5 children and 5 children from first married wife [first wife dead in [1955]

Ankarsh Rattan   07 April 2012 at 07:54

Visiting hours for child

Respected Sir,
Hon'ble court gives me the visiting hours for meet my female child from 5 PM to 7 PM on each sunday at Church. My wife gives statement in court that child is came with my father in law or brother in law. But they did not bring the child during last sunday. What Can I Do not ? Should I file contempt ?

basavaraj shiromani   07 April 2012 at 07:48

Status

A had two wives B and C. is the first wife and c is the secound wife. A challanged the merital status of B before the court. B filed her WS as she is the legally wedded wife. But unfortunitly her advocae filed a memo to decree the suit wihhout knowledge of B. Accordingly said suit decree in favour of A. The fact suddenly came to know after lapse of 12 years. During this periiond died. The secound wife of A got entered entire estate of A in her name and afterwards transferred by way of gift in the name of D who is the son of A's brother and now the propeties are standing in the name of D. Now C is also dead. Now B wants to challange the compromise decree as per her WS contents. What remedy available to her ? She wants to challange even the name of D ?

rsraghukumar   07 April 2012 at 07:39

Witness

sir i secured one of the judgments of Orissa High Court regarding witnesses.
"It is not necessary that the witnesses to the marriage should prove all the details which taken together constitute a valid Marriage under the Hindu law".

Is it correct sir. to prove a marriage, party to a marriage need not come to court and prove a marriage.

rsraghukumar   07 April 2012 at 07:29

Marking of a document

sir when photos and negatives are filed at the time of cross examination, subject to objection should be raised regarding calling of photographer as witness at the time of marking the photos at the time of cross examination or the subject to objection of calling photographer should raised even at the time of filing written submission. the respondent did not entered in to witness box also. she took that plea at the time of written submission. how it is possible sir, after all procedures are completed she demanded for photographer to be called. she never rasied that objection at the time of marking of photos and negatives.

rsraghukumar   07 April 2012 at 06:45

Appeal

sir my marriage is declared as null and void. opp party prefered appeal. she took in high court interim suspension.

sir please clarify my doubts sir.
a) i came to know that when marriage is declared as null and void u/s 11 of HMA, there is NO APPEAL itseem is it correct sir?
b) Sir if appeal is there High Court can not give interim suspension in Null and Void Cases, it should be vacated it seems is it correct sir. sir i came to know that if once judgment is under interim suspension, it will come under final hearing list, and that final hearing list will come only after six, seven years itseems. how sir, how to come out from the situation please suggest me.

in null and void marriage i have to wait again those many years sir. already five years gone. i am waitning for your valuable suggestion.

Ranganath   07 April 2012 at 01:22

Transfer of divorce case

Ld Counsels,

Wife filed a transfer petition before district judge on the ground that the family court is not complying with the direction of HC to dispose of the case within 3 months and delayed the disposal for 7 months. in wife's divorce petition husnad was set ex parte and all evidences are takn on record only prouncement of order is pending.

Husbands also filed a divorce which was dismissed for default and its restoration application is also pending. Is it a valid ground to invoke for transferring the cases even after the hearign in wife's petition is over.

Please clarify. thanks.

sunny   07 April 2012 at 00:56

Desertion

I was married in year 2007 and my wife deserted my home after 1 year.Since then i have tried so much to call her back.But she is not willing to come back.She is saying that my father scoulds her and he says do not come to our home.
Now she has filed case in women cell and in court and is asking for mantainance.
We had a property(ancestral)in punjab which was sold and we bought a property in delhi which is in my name was given by my family.She has taken all her jewellery with her.She has given list of expenses since marriage in women cell and in court.
I am still ready to live with her.As the problem is my real sister have married to my wife's cousin brother in 2005.Where my brother in law has filed for divorce since 1year they have 6yrs daughter also.Where my sister too doesn't want divorce and she is living in her husband house since marriage.Please give us legal help to resolve the issue.

Prathna   06 April 2012 at 21:41

Divorce

Dear Sirs,
I am Mumbai based married to a man from Bangalore during end November 2011. We got separated during end January 2012. I left Bangalore and came to my native Mumbai and since then staying here. I am a MBA student. I want divorce as soon as possible. He is ready to give divorce. Please advice how to proceed further for divorce so as to get relief fast.
Thank you.

Law Querier   06 April 2012 at 18:54

Registration of marriage in foreign country

Marriage registered before one year in India. Husband lives in India and Wife is in Canada on working visa (since 8 years). Wife has filed divorce petition (Section 13 (i) (ia)) against Husband. She has made POA to her father to run divorce case in India. Husband doesn’t want to divorce her and wish to live happy life with her. There is no any evidence of their marriage except the registered marriage certificate of India. Wife has not add her husband’s name in her passport and also not registered her marriage in Canada. Wife has plan to settle in Canada. Now, the questions are
1) Is there in any legal system in Canada to register the marriage in Canada If someone get married although it is registered in India?
2) Can Husband give the information about their marriage to Indian Embassy or Canada Embassy? If possible then How can he do this? OR is there any legal way to inform about their marriage to Canada government?
3) If wife will get married again in Canada with other person hiding her past marriage then How can Husband know about her actions?
Thanks in Advance…