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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Sandeep Thukral   23 March 2012 at 19:59

Changing birth certificate to adotive parent's name

Hi,
We have recently adopted a baby directly from the biological parents, based on a valid & registered adoption deed. We also are in possession of the original birth certificate of the child. What we'd like to do as a next step is to have a birth certificate in our name. How do we go about procuring this? Till now our "research" has thrown up different "responses" on this:

A.) "You cannot have a birth certificate issued in the adoptive parents name, the adoption deed is the equivalent of your birth certificate" (I found this most bizarre)

B.) "You WILL get a birth certificate, but it'll be mentioned there that you are the adoptive parents"

C.) "You won't get a birth certificate at all, what you'll get is a Succession Certificate for the child"(whatever that means)

We'd naturally want a birth certificate, as for any child, for various purposes including school admissions, and one that doesn't mentioned "adopted" on it. Like any other adoptive parents we'd like to use our judgment and have an option whether to let on to the child if he/she's adopted.

Any help here is greatly appreciated.

simransimsim   23 March 2012 at 19:31

Remedy against alse dowry case

dear sir... my brother got married on 23-11-2011, and her wife before getting married ask her lover to threaten my brother do nt marrie my love else you'll have to pay for it. now a days she is creating such type of silly issues that creating conflict between brother & family. recently she is putting some condition like to leave parents and stay with me, for coming home as she is a working women in INDORE , and got deputation for jabalpur where my brother reside. moreover they have not filled marriage registration form. even we have written as well as voice recording proof.After threatened by her mother and uncle she make herself to stay with my brother bt somewhere she is making some strategies and playing tricks , so that we forcefully ask her for divorce and she get rid of it. We belong to well cultured and reputative family and afraid of false dowry case .....what are the safety measure if she lodges false dowry against use and ask for divorce .

waiting for reply

Member (Account Deleted)   23 March 2012 at 18:33

Separate residence amounts to cruelty

whether Wife Claiming separate residence to husband amounts to cruelty ?
Please provide necessary caselaw !

mukesh gupta   23 March 2012 at 17:32

My rights to my grand fathers property

I AM 26 YEARS OLD LADY UNMARRIED. MY GRAND FATHER EXPIRED IN YEAR 1980.THERE AFTER HIS THREE SONS REMAINED UNITED TILL 2006. IN SEPT 2007 THEY SEPARATED/PARTITIONED. AT THE TIME OF THEIR PARTITION THEY DID NOT OBTAIN ANY CONSENT FROM ME AND MY SISTER. NOW AS PER AMENDMENT OF HINDU SUCSSESION ACT 2005 CAN I CLAIM MY SHARE AND ALSO CAN I MAKE THEIR MEMORANDUM OF FAMILY SETTLEMENT VOID.

rsraghukumar   23 March 2012 at 12:42

Evidence

sir as per evidneces in the court now a days even facebook papers are also taking as evidence it seems. then in this case i have one doubt sir i obtained obtained some of the doucments from police station under RTI act. those documents were marked under subject to objection. court has not considered those documents. now the case in appeal, will appeal court will consider those doucments which i took through proper channel. i have even acknoledgments received by the police personnel. those are not considered as they are only True copies only but not certified copies. on this ground can a document can be rejucted? sir recently i saw indian evidence act in google. search( which is half knowledge) it is under section 76 speaks that true copies are certifed copies only. then in this situation why the court has not considered my documents.? is there any citation that true copoies are admissible in the court as evidence plz sir.

mittumit   23 March 2012 at 12:18

Ammendment in sma

respected lawyers,

can you tell or send me link of ammendments came in sma,1955 for mutual consent divorce...

i heard that now in case of MCD, it is madatory for both husband & wife to stay together for 6 months in the cooling period i.e. period between 1st motion & 2nd motion...

i m confuse..plz help & suggest

Aaron Smothers   23 March 2012 at 11:35

Liquidating bank holdings in england

Hello,

I have the case of a deceased Indian national with a bank holding in England (denominated in US$). He died intestate, with no children, with wife/widow and parents surviving.

According to Indian law, the wife and mother each get 50% of the estate.

My questions pertain to liquidating the bank account in England.

Does England apply "lex domicilii" or "lex situs" in this case?

Can anyone speak from experience with a similar scenario (the deceased and the inheritors are in India; money is in England)?

Do I need anything from an Indian court? Or an English court? Or both?

All comments appreciated. Thanks!
Aaron

arun   23 March 2012 at 07:49

Arya samaj marriage + court marriage with the same girl

Hi all,

My name is arun. Mine was a intercaste marriage with a girl around 10 months ago. we were living in our parents house from then. after that i tried to regester my marriage at court but there is a problem our parents dont know about this and the staffs at marriage registration office of our city is telling that in case of arya samaj registration they will send the copies of our certificate to the police station for the verification and once after the +ve verification only they can issue a proper certificate of our marriage.

http://in.answers.yahoo.com/question/index?qid=20110110220043AAZuqOG

in the above link a lawyer justifies this point.

My questions are

1. can i do a court marriage with my wife w/o informing that i am already married at arya samaj 10 months ago. will that b legal.
2. is there is any way that i can get my marriage registered without police verification.

please help me out.

t. surya. p.   23 March 2012 at 01:38

Child custody for divorced muslim woman

I am hindu girl, married to muslim boy after changed religion to islam, 6 yrs back. We have 2 girls(4yrs and 18 months old).
We divorced according to muslim law, one year back.One day my husband, escaped with my elder daughter and not returned. I complained to Delhi police, but no use. After that I put habias corpus application to Delhi high court,police brought him and child to the court. After period of time, judgement has come partially in favour of me, so that weekly 2 days(sat,Sunday)he has to drop my elder daughter to my home and pickup next day evening. Also he has to pay maintenance to second daughter(two and half thousand per month).
Last week habias corpus is closed in high court and asked me to apply in lower court within 4 weeks to continue the same arrangement. I am waiting for the judgement copy.
My question is what are the chances of getting my child permanently to my custody?
Whether I can go to lower court or Supreme court for speed up the case.
I am living with small job in Delhi and remaining expences will be met by my parents in Karnataka.

wifebetrayed   23 March 2012 at 01:26

Cross examination before evidence

when does husband get chance for corss exmainatin,

it is before evidence by wife or after statement by wife.

i want to cross her based on evidence she provide instead of mere statement she make.