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

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R.Manivasagan   18 February 2012 at 23:42

Marrying 4 wives by mohammadan-fundamental right or not

dear experts,
my client is the 1st wife of a mohammadan and he said Talaq to her and is also matter in question. a 125 Crpc petition is also pending. meanwhile the man, tried to marry a girl. immdealtiely my clietn filed a civil suit reastraining the man from marrying another girl. now the man appeared and resising the suit under Order 7 rule 11 (d) of CPC, that there is a bar to proceed with the suit, since every mohammadan is having right to marry 4 wives. now my question is
1.whether the right of marrying 4 wives is a fundamental right of a mohammadan or not?
2. Whether is there any legal bar to filing a suit by a mohammadan lady?
3. wheterh the reported ruling in 1985-SCC-vol-2 page 556, a five judges bench of Supreme Court would help to this issue?
4. Is there any other citation in that aspect?
please

rangnath.kulkarni   18 February 2012 at 18:25

Ascertaining share in joint agricultural land of family

My father had agricultural land in a village in Maharashtra state. He died without making will. He has five sons and a daughter. I am one of those five sons. Out of those five only my elder brother and I and my sister are alive. My name and my alive brother's name is in the record of 7/12 register.My sister's name and the names of three deceased brothers are also there in 7/12 register as the legal heirs.I and my brother and sister want to sell our share from this land. But the children of my three deceased brother are not cooperating to devide the land to ascertain the indivisual share of legal heirs.

I have been staying away from the village for past 40 yrs. and I want to sell my share from this land.

I request for guidance as to how I should go about to get my share in this land ascertained so that I can sell it.

Jatinder Nath   18 February 2012 at 17:18

Extradition to stand trial

An Indian citizen married in U.S.A. to American Citizen
girl of Indian Origin has family break up coming to divorce in the foreseeable future.
If this person comes to India to escape to avoid bankruptcy then will he be forced to go back to U.S.A. to stand trial .

Member (Account Deleted)   18 February 2012 at 09:00

Family court notice return

Dear Sir,

My wife sent me divorce notice through court person to my resident but in the absence of my the notice letter is return to the court . So can any body help me what to do in this case. Also I need a Family lawyer to handle this case. So please can anybody suggest me. the date is given in the march. this is the first date. this matter is in the thane family court.

tanmay   18 February 2012 at 08:27

Section 313 and its defence intiation

Hi,
I am falsely entangled in this s313 mess. My wife and I decided mutually to undergo the termination of pregnancy in May 2010.
We separated in Jan of 2011.
In November of 2011, she has filed a court complaint against me alleging that I forced her into undergoing this procedure.

Now, my q. points are,

1) Can she simple allege without evidence?
2) If her signed consent forms from the clinic are provided to the court showing she was consensual to this. Will it be sufficient to quash the case?
3) If the consent forms are shown to the case;and the case is quashed. Can a case be filed against the girl for damages caused due to unnecessarily causing mental torture and harassment to my family and myself?
4) Is there any good advocate in Bangalore who could please drop in a line to me so I can contact them?
5) This case is also followed by 498a; which I would like to discuss with someone knowledgeable in person.

Thanks
TB

Sanjeevappa. L   18 February 2012 at 06:54

Delivery of possession on the basis of final decree

Suit for partition decreed. final decree was also passed. The portion allotted to me is in possession of a tenant. Now i have been advised file execution petition to take physical possession of the property which allotted to me. what is the procedure. how do i get possession from the tenant.
plz advice me with some citations or provisions of law.

mrgop   17 February 2012 at 22:13

Can one ask for cost if the other is absent on dates?

In a divorce case, petitioner is absent on last three dates continuously but advocate is present. But the judge is giving next date saying petitioner is absent. So, can I ask for cost in such a situation? Can I request the court to close the current step and proceed to next step? why the judge not ready to proceed the case even if advocates and respondent is present?

anjana sharma   17 February 2012 at 19:48

Judicial separation to divorce

Hello everybody I had filed a judicial separation case against my wife 6 years back, the case is on the cross examination stage,
Can I make amendment in the prayer and ask for divorce? If it can be done is there any case law on similar facts ? Please Help!

Puran Maurya   17 February 2012 at 19:39

Sec- 13

If wife is filed Sec- 13 (Divorce)
if husband accept the Divorce
then even maintenance is must for wife.


If any ruling or judgement pls. inform us.

Member (Account Deleted)   17 February 2012 at 17:33

Litigatn

Rani here from chennai
-----------------------------
My husband applid fr divorce and i applied for RCr but he is not appearning for both the cases in court. I am planning to put litigation.
1. What are all the details i shld include in that?
2. For Litigation will they combine the dates with RCR?
3. How long it will take to pass the order for litigation? (Chennai)
4. IS ther any limitation for maximum amount? I am planning to put 60000. I gave 50000 as fees to lawyers for Divorce,RCR and trnasfer OP of divorce to my jurisdiction.
5. when i apply for litigation, wll he recieve any summon to his home?