Anonymous
07 January 2012 at 17:39
Hi Law gurus,
--> My mother is one of the child out of 2 sons and 2 daughters for my grand father.
--> My grand father has own earned property (80%)and ancestrol property (20%)
--> Now both my grand father and grand mother not alive and there is no will written about the property
I need to know
--> Whether my mother has got any right in the property legally
And FYI, we leave in Karnataka state
Your inputs will be much appreciated and helfpul
Thanks
Anonymous
07 January 2012 at 17:18
Maintenance issue
Facts –
A notice has been served to me by the family court in connection with a maintenance case instituted by my wife.
I have to submit my written statement in this regard.
I have serious threat to my life in the city where this case has been instituted.
My Queries –
1. I don’t want to appear in the family court at any cost because I have serious threat to my life over there.
2. But I also want to submit my Written Statement (WS) in the court.
3. I also don’t want any interim maintenance relief from the court to my wife due to of my absence on the coming date and
4. I also don’t want the matter to go in ex parte.
Please suggest the suitable procedure to accomplish all these at once.
Regards!
Shantanu Wavhal
07 January 2012 at 11:07
As per HMA, 1955,
20 Contents and verification of petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded, 2[and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage.
1) Does this mean that the Petitioner & Respondents are at liberty to collude ??
2) for petitions under other sections of HMA, Is it unlawful to join hands by the Petitioner & Respondents for the reasons which are lawful, good, just & helpful towards granting justice ??
Kindly enlighten.
Anonymous
06 January 2012 at 22:18
Dear experts ,
I got married in November 2007 and have a daughter who is amost 2yrs old.
My wife has filed a fasle domestic violence case after staying separate for 10 months.She left my home to attend a marriage function at her house on 1st November 2010 and she filed the case on 8th September 2011.I received notice on 1st November 2011.
The complaint consists of alleaged incidents which took place in 2009 and early 2010. My question is in accordance with the Indrajeet Singh Grewal case judgement which I saw recently in one of the topic . Can the above said judment be useful in my case as the alleaged incidents are more that 1yr old ?
Please advice
rajiv_lodha
06 January 2012 at 19:48
I tried to get answers on some platforms, but no satisfactory outcome, so experts plz guide me throu!
Girl filed false 498a+406 complaint with commissioner police. IO CAW cell enquired for 5 months, boys side submitted all proofs of their innocence there. IO+DCP gave closure report & did not recommend any action to be taken & the complaint was “filed” 6 months ago. Boy’s side still fear of 156(3) etc; may be PCR at MM court may be waiting 4 them at her city. No clues yet. Is there any time limit for the girl to approach MM court in this matter. How boy’s family can handle the situation further. Also…..is there any citation that MM court has to take DCP level enquiry into strong consideration b4 summoning the accused.
She can also go thro the defence (throu RTI) he has submitted at CAW cell & may slightly modify her allegations (she has ample opportunity during PCR evidence to do so) to circumvent the defense b4hand, thus cut the lifeline of boy's side......!
Throu' 156(3), court has vast powers, if I am right, the following ones:
1) May order PS to register FIR & do investigation further.
2) May take the CAW cell investigation on record, may not take cognizance
3) May summon the accused directly.
Is the police harassment less via court's way!
Member (Account Deleted)
06 January 2012 at 16:45
DEAR EXPERTS I NEED UR ANSWERS VERY URGENTLY SO PLEASE ANSWER MY QUESTION.
I AND MY HUSBAND HAD CONSUMMATED OUR MARRIAGE FROM JULY2011 TO SEPTEMBER2011.I HAVE APPLIED TO NULLIFY OUR MARRIAGE.WE DID NOT LIVE TOGETHER BUT MET IN SOME OTHER PLACES AND CONSUMMATED.I HAVE APPLIED UNDER SECTION 25 OF SPECIAL MARRIAGE ACT THAT IT IS NOT CONSUMMATTED.WILL CAN DISPROVE THIS? IS THERE ANY OPTION TO DISPROVE?IF I GO FOR MEDICKAL CHECKUP WILL IT BE FOUND?PLEASE ANSWER ME.
Dharmesh Kumar
06 January 2012 at 13:34
I was married 11 months backs. After that some quarrels happened and on July 11 my wife doesn't responds to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
There is no physical relationship within us more that 3-4 time’s in four months. She never allow to sleep with me on bed. Sex is the husband’s need in married life and if she not allowed co-operating on the same where should I look for it. Can I ask for divorce on this ground?
On July her father came on her call and after lots arguments she left my home with her father afternoon with all jewelers & all her stuffs. Right now there is not a single stuff of clothe, book etc… in my home. Her father arrogantly said me & my family that “I will signed blank paper that I will never trouble you any way (Just tolerate not did).” Only the proof I has is Society watchman saw her when she left my home.
I requested her several times not to go, but she denied living with me & my parents. No phone contact in between me & her during this separation.
But after 5.5 months her father wishes to settle this matter & agree to send her in my home again. She now denied that she never refused to have sex with me.
Her father realized afraid that I'm not taking initiative so send some mediators and also called me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us). I will forcefully enter my daughter into your home by broking door.”
I’m also made a mind to break this relationship & we don’t want her in any case. I would prefer to be live single whole life without her. Then they threaten us to do something bad with me and family. But still they have not filed any case/ notice against me. As well I not did any. She is BE Electrical & now searching job at her parents’ home since 6 months.
I'm a person who has very patience. But this case is gone out of bound. As I have experienced a mild attack during my Honeymoon journey when she refused to have sex. It repeated the same in next 2-3 months many times till she left my home.
After her left I got affected my job, my Father got Major attack on 60 ages. We all are living like dead bodies in 4 walls.
We came to know from one their close relatives. That they wish to enter her daughter once & will keep quiet for some time……. then try to separate my parents from me by doing some unlawful (attempt of suicide)/threading us ….. things when she would be in my home & create trouble for us. Then I will suffer lifelong. As her father given a blind support to her daughter in any situation.
That’s why I would like to avoid her entrance by Civil Injunction.
I will be complete to 1 year to my marriage on Feb 2012 (NEXT MONTH). I was suggested for Civil Injunction to avoid her entrance than to send RCR.
We were separated before 5.5. Months, so sending any notice to her will become legal date of separation? Because I’m looking forward for Mutual Consent. So I have holds on to file any notice/ RCR.
What is Civil Injunction?
How to apply for Civil Injunction?
C.I. governed by which section?? What is the procedure ??
Can apply for nullification of the marriage?
Interesting thing is that she left in next the day after I got my marriage certificate. Will this affects my Mutual consent (if she agreed on any compensation) which I wish to file on March 2012?
Anonymous
05 January 2012 at 20:17
a divorcy wife failed to get maintainence in 125 crpc , rivision & 482 then how can she get maintainence decree in hindu marriage act 25 (1)
is it bared by resjudicata ? if yes plz give any cytation regarding this
Anonymous
05 January 2012 at 19:40
RESPECTED EXPERTS,
ONE OF MY FRIENDS IS A MUSLIM WIDOW, SHE HAS NO SONS, OWNS TWO HOUSES ONE IN A VILLAGE AND THE OTHER IN THE CITY. HER ONLY DAUGHTER RESIDES IN THE CITY HOUSE. SO SHE GIFTED HER VILLAGE HOUSE TO THE SON OF HER LATE HUSBAND'S BROTHER AND SHIFTED TO THE CITY HOUSE TO LIVE WITH HER ONLY DAUGHTER.SHE HAS EXECUTED A NOTARISED GIFT DEED IN FAVOUR OF THE DONEE.
IMPRESSED BY HER ACT OF GIFTING THE VILLAGE HOUSE TO THE DONEE, THE FATHER OF THE DONEE HAS out of his free will, so as to help HER (THE DONOR)construct a second floor on HER existing house IN CITY. SHE HAS ACCEPTED THE CASH AND EXECUTED AN ACKNOWLEDGEMENT TO THAT EFFECT.
NOW WHAT IS THE EFFECT OF THE SUBSEQUENT RECEIPT OF CASH ON THE GIFT EXECUTED BY HER?
IT IS LOOKING LIKE A TRANSACTION WHERE SIMPLE SALE IS GIVEN A COLOUR OF GIFT, I.E. VENDOR GIFTING THE PROPERTY TO VENDEE AND SUBSEQUENTLY THE VENDEE GIFTING CASH TO THE VENDOR.
PLEASE ENLIGHTEN ME WITH YOUR VIEWS AND COMMENTS. THANK YOU SIR.
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Maintenance case
If respondent doesn’t appear in the court and if he submits the written statement (WS) regarding maintenance case through speed post with A/D in family court then will it be acceptable by the court?