Pitchai
29 March 2012 at 16:57
My Christian son got married with a Hindu girl in October 2009 and got seperated in March 2010. She applied for divorce from Chennai without his knowledge as he is working abroad. We do not know from which court she got divorce. Now i need the copy of this divorce. How to get it?
Parveen Jain
29 March 2012 at 15:31
Meri Patni Jo Hamre hi Ghar Me rehkar hame bahut Pareshan Kar Rahi Hai,Uska Bhai bhi Use le jane ke liye taiyar nahi hai veh ghar me meri vridh ma ke sath bhi battamiji karti hai jisse meri ek beti hai uska jeevan bhi bahut preshan ho gaya hai shadi 27-june 2004 ko hui thi kripya bataye hum kya kare jo kanuni roop se use uske mayke balo ko saupa ja sake,Kya Hindu marriage act ke antragat judicial sepration ya Diworce ka Case Dalna Sahi rahega
Aditya
29 March 2012 at 13:58
Hello Everybody,
My wife has filed a case against me under crpc125 with the family court, accusing me of beating for dowry, and she is now asking for money.
The court hearing is on 4th May in another city. Till now she has not filed any FIR for the same.
Since the case is with the court, can she still file an FIR against me under 498A and get me arrested on the day of court hearing, when I'm there?
If so, isn't this planned cunningness? Why should a FIR be allowed when the exact case is already registered with the court? The police is to aid the court. And FIR means "First" Information Report. What's "first" when court already is in charge of the case.
If we show the police a registered copy of the case, then is it possible that the police will not arrest me, since this should now be in court's hands?
If such a FIR can still be filed, is it not a grave misuse of the law? And can I not file a case against my wife for misusing the law in such a planned way?
Investigation officer has superadded section 307 & 341 of IPC in original offence registered u/s 498 {a}, 406 & 34 of IPC just because the influence and pressure put from complainant’s father who also is working as ASI at Mumbai police. Actual pivot of the entire story is, complainant is suffering from personality disorder and this was hidden by her family at the time of marriage.
Husband and his father, mother, sister with brother in law are implicated in this case. Actually main accuser’s sister and her husband has no connection with this matter but police have recorded later on statement mentioning that, “her husband have had threatened her of dire consequences if went to police and he may also kill her and main accuser’s brother in law was supporting at that time” just to add enhance the seriousness of offence with non bail able sections. Now my queries are:-
1) How can section 307 of IPC be added in such matters on the supplementary statements that is also when there are on use of any weapons and even no grievous injuries?
2) Immediate bail application was rejected by JMFC for the reason of SRIDHAN recovery. 2nd bail application was also rejected by JMFC on the grounds that the added section are session court trial able hence dismissed. now even 3rd application also rejected by session court mentioning investigating agency have to arrest the 5th accused; actually 5th accused have been granted an AB and next hearing is held on 7/5/2012- are there any chances of rejection his regular bail?
3) Two of accused are female and one is senior lady with 62 year of age. are there any chances for this ladies to be released on bail?
4) Can main accused apply for MCD? Or he will have to file under HMA?
5) Can Accused apply for quashing of section 307 of IPC which is actually later on thought?
gulamabbas
29 March 2012 at 11:34
A person made a Will. The same was registered with sub registrar of assurances. Now the testator has died.
Querry: What is the procedure for executing Will? Is the cover to be opened in the presence of family members and then the executors will approach court for obtaining probate? Pls adv. Tks
Santhosh
29 March 2012 at 11:13
Dear Sir,
My brother bought the house in 2002 with loan. house was registered in the name of my father and my brother.
It was verbally agreed that, I should take care of household expenses and brother pays loan. We all agreed.
He completed the loan in 5 years.
After that, we bought another property [1st property was mortgaged to get loan] and I was paying the loan EMI. But this property was made in the name of my brother and myself.
Dad, my brother and me agreed that, my brother takes care of house expenses and i pay the loan. Since surety was on 1st property, brother name was included.
All three of us agreed that, once I complete the loan payment, 2nd property will be made in my name.
Now I completed the laon and handed over the 1st property documents to my brother.
But, Now he is refusing to register the 2nd property in my name.
Can I win my claim on 2nd property?
Please provide suggestions
anand
28 March 2012 at 21:32
Brother's wife filed cruelty to cover up her adultery. When he decided to contest it, she filed a false 498a against entire extended family with tons of false allegations months later. Since these allegations were not there in orignal cruelty petition, she withdrew unconditionally (withdrawal of petition as not pressed; no liberty to refile) and then immediately refiled a copy of the 498a FIR as her new cruelty case.
Can we argue for a dismissal of her new cruelty case right away as there is no new cause of action made out after withdrawal? Lawyer says res judicata etc does not apply to matrimonial cases and we have to contest it as it won't be dismissed. Is this true?
Davinder Singh
28 March 2012 at 19:35
She is backout from 13b then how can be possible of mou
Family legacy
We are two brothers and one sister all married and my parents. All now staying separately, though my parents have given my elder brother all the legacy and not given a single rupee to me and i am living in a rented place whereas they both are staying in a lavish properties, besides my brother is given a huge fortune by my parents and i am left out with nothing. there is no particular reason justifying their act and its just because of family politics. how can i claim my rights on the family wealth? ours is a hindu family so can i file a suit under joint hindu family property for the real estate and capital in business? can i file against my parents for the property they are living in so that me and my wife can share the apartment with help of my wife's matrimonial rights on property to live there? The property is owned by my parents and 10% of it was owned by my late grandfather. i am homeless at present. How can i legally fight against my brother who has taken away all the capital and family wealth? Pls Help...