dr.pritam mohanty
03 January 2012 at 18:55
the lady is ST and married to muslim
Anonymous
03 January 2012 at 18:19
One of my relative (female) had been continue sly harrased by their inlaws and husband.She has one baby of two year.At last she decided to leave their inlaws house and start to live with their parents from last 1 year.
Query:
Somebody tell her that if she will not go their inlaws house from last 1 year, her husband can give him divorce. is this right or not?
Query:
can she claim maintance charge for herself and her baby without giving divorce? if yes then how much? because her husband is doing job and getting approx. 30-35 thousand in a month?
query:
approx. 6 month back her inlaws and husband beaten her very badly. then the panchayat were held up. Then her inlaws accept thier fault of beating and writtenly accept on a simple paper in front of Panchayat(with signature of approx. 20 people) that they had done this crime but in future they will not do this stuff. Now what the leagal action can be taken against them.
We are indian chritians.My wife has 2 sisters and 1 brother. Their father was ill for morethan a year and during his treatment he made a Registered WILL (At hospital, a pvt registration, before the sub-registrar) in a sound state of mind with 2 respectable witnesses with thump impression at metro city but the properties are not in metro city.He was then discharged as the disease could not be cured. He was at home for 5 days.then he became worst and admitted in hospital in ICU locally for supportive treament and died after 6 days. During his life time he had given more than 50 % of his properties and liquid cash to his son so in the registered WILL he had given 10 % of the balance properties to 3 daughters put together and the balance to his wife. Immediate after his death WILL became active and was given to bank and other departments and to our relatives.
After 2 months of his death my brother in law has come out with a will saying that his father has given total property to him in that will and not a single pie to his wife or daughters. The said will has a date just a day before he was admitted in ICU. The whole family and relatives were with their father on the date he is mentioning and we are sure its a forged one, may be the impression taken when he was in ICU with unconcious. After 2 months he has given that WILL to registration department for registering and they have kept that will for enquiry. But he managed to get the copy of the WILL which has all the SEAL of the department but kept for enquiry.
Now he showing that to everyone as if its register one and trying to transfer all the property in his name.
I KNOW THIS IS A LONG SAD STORY, BUT WE ARE HELPLESS AND DO NOT KNOW HOW TO GO ABOUT.
Can anyone help us in this?
shanker
03 January 2012 at 13:43
Dear all
please give me a suggestion regard my query my grand mother is the owner of a property of around 220 yards in hyderabad,before her expiry she had written a will stating half portion will be for mother and remaining half equally to two brothers i.e to me and my elder brother, we have given this property with neighbours property to development we received two flats, in this my brother is ready to sell his flat in which he is staying my mother and me dont have any objection he said the flat which your living is for you, same said by my mother and brother, what i have to do whether i have to go for partition deed notorised and for registration, registration is to expensive that i cant bare so suggest me
Anonymous
03 January 2012 at 13:33
Hi...please help I am in a very tense situation. I am a Muslim, and married a Hindu boy 10 years back. Since I had left my family I always did everything to keep my husband happy. There has been a lot of pressure for everything from his side always, and since the last 2 yrs he has become very violent. I did not tell about this to anybody thinking he will change. We have a 3 yr old daughter. He did not wanted children and forced me to have abortions a number of times. Now I have had enough and I am scared for me and my child. When we got married he had me converted to Hinduism though I have never really changed my religion and we have both followed our own. At the time of marriage he told me that it is the only way to get married that if I convert and we get married in an Arya Samaj way and that is what we did. After that he also got a court marriage certificate for us. We also had our nikah but for that I only have our pictures. Please help me and let me know how difficult it will be for me to get divorce from him and what should i do now. I am really scared and want to get away as soon as possible.
dr.pritam mohanty
03 January 2012 at 12:22
i m bit confused by the answers given by one of the expert 1.hindu marriage act says marriage to be done with rituals and costums and saptapadi is a must for valid marriage then how puting sindoor is considered to be a valid marriage without any rituals and registration if it is valid then i think in every holy any body can lodge a case by saying that the boy has put vermillion so the boy is married to the concerened girl then according to expert if i put sindoor to a unmarried girl in a temple then i m married according to hindu marriage act
dr.pritam mohanty
03 January 2012 at 11:02
hi goodmorning
i m in a problem i need a help i m elaborating a case regarding my brother
my brother came in love with a married scheduled tribe lady married to a muslim earlier but staying apart and she has not divorced him after 4-5 months of relationship my brother and she went to a temple and my brother put sindoor to the forehead of the lady without any rituals and no witness and decided to marry her but due to family problems they cant marry.now the lady had divorced her husband ,i also dont know whether my brother has done any physical relation with the lady now my question is 1.is my brother wil be regarded as married 2.is only application of sindoor infront of GOD without any rituals and saptapadi and registration is sufficient for a valid hindu mariage 3.can my brother marry by my parents choices
4.now the girl is divorced can she file a case against my brother by telling that she is married on the basis of sindoor only with no witness and rituals ,i dont know about physical relationship but if it is done then what will be the problem 5.explain in detail
Petition u/s 11 of HMA, 1955
(for declaration of marriage as nullity)
Petitioner = present husband.
there are 2 respondents = wife + her 1st husband
after summons is served, if 1 of the respondents (1st husband) do not appear & the other (wife) appers, will the court declare the suite ex-parte ??
Anonymous
03 January 2012 at 00:04
In a high court mediation settled matter an agreement was made between the parties and last clause it was tstated the parties undertake before hon'ble court to abide by terms of agreement being entered into.
The agreement went to court with mediator report but not listed for hearing.
My question to senior members is whether acceptance of this undertaking is must by court to invoke contempt proceeding against the party who is not willing to honor the terms of settlement agreement.
If contempt is not maintainable, what is the next course of action available as per law
Divorce
Please provide a recent judgement of ALLAHABAD High court in which wife has accused husband and relatives in 498a suit and this has become the basis of cruelty for divorce decree.Also provide a supreme court similar recent judgement.