Anonymous
23 September 2011 at 14:41
dear sirs / madam,
married in 2006 in a church, was a christian love marriage. after 1 month, wife left husband and went to her parents home.after many requests from husband she was not came to lead marital life.
after 8 months male child born.
after many requests from husband, elders, she wont joind with husband. and in a meeting with elders,and in a meeting with a lawyer she told " i dont want to reunion with husband , i want divorce but demanded 2 lakh money to sign mutual divorce consent. husband ready to give 1 lakh only, and asked custody of kid. she asked time to think. after that she is not talking to lawyer and elders. and telling i dont want to come to any meetings. husband went to concerned police station and told all the details to SI. then SI made a call and called her to meetinng in police station.
then she told to him, i dont come to police, lawyer and if husband has interest in marital life iam ready to re join family life at my residence only, if he dont come to my home also no problem. i will live in my own house without husband. now husband went to a lawyer and filed petition for divorce. but in this case,
1)no written evidance of elders meeting and lawyer meeting, how to show these evidances to court?
2)after 5 years desertion, now she wantedly trying to delay and mis lead the case , she is ready to tell she is not willing to take divorce, so how to get divorce?
3)if she wantedly put 498 or any cases on me , how to deal?
4)if wantedly she tell lies , like sir after 1 month of marriage my husband left me, now he is trying to take divorce .
5)SIRs and madams (lawyersclubindia.com) PLEASE HELP ME WITH YOUR ADVICES.
Anonymous
23 September 2011 at 13:59
Iam Anuradha , i got married in 2010 may. But just within 2 months i had to come back to my parents house due to disgusting behaviour. After lot of problem i convinced my husband for mutual divorce, altough he never loved me but he thinks that i may remarry so was reluctant. But now last month we both have filed for mutual divorce. Our 1st hearing is in november. But iam afraid that my husband won't turn up, he will try his best to delay this. So my question is
1) IF MY HUSBAND DON'T COME FOR COUNSELLING( MUTUAL DIVORCE) THEN HOW LONG I WILL HAVE TO WAIT FOR DIVORCE ???
2) Is there any way that court forcefull asks him to come in court and ask what he want.
3) If he doesn't come at all then what, court won't grant me divorce ??
Plz help me, i want freedom and peace.
Anonymous
23 September 2011 at 12:38
sir
How the section 6 of the Hindu Succession (Amendment Act),1956(amended by 2005) is against the concept of coparcenary and the joint family property and how Hindu Succession (Amendment Act), 2005 is illegal or ultra-vires?
Aaron Smothers
23 September 2011 at 04:30
Hello,
I would like to post a question concerning the scope of liabilities to which the successors of a deceased person are answerable from the estate they stand to inherit.
My intuitive understanding is that any provable loans or other liabilities existing in the name of the deceased and remaining unpaid are chargeable to the estate before successors are apportioned their shares.
My question involves a situation in which family members (some legal heirs, others not)could come up with receipts or other proofs of payment of expenses that they themselves incurred, citing that they incurred it themselves in the interest of the deceased. Such causes could be, for example, funeral expenses, medical expenses, transportation charges, etc.
Let us assume that the deceased, during his lifetime, did not acknowledge these formally as a loan from the concerned person, nor was he required to furnish a receipt or an IOU by the relatives.
In a partition suit aimed at the immovable properties of the deceased, or in a succession certificate application towards the movable financial instruments of the deceased, is it legally possible for such relatives to claim their own expenses from the respective assets?
What, in short, is the scope and limitation of liabilities of the estate of the deceased?
I make an analytical separation here from what the law obligates the estate and what morality or conscience obligates.
Much appreciate your insights. Thank you!
jitender pawaria
22 September 2011 at 22:15
if any girl file a suit for declaration against his father for her share from ancestral property. her father execute aggrement to sell in February 2004. but later on her father denied and in whose favor execute aggrement to sell he filed suit for specific performance and Ld. Court decree the suit her father went in to appeal was also dissmissed the her father filed appeal in high court and grant stay to him.
In between she filed that suit for declaration for her share.
now my querry is that can suit for declaration maintain insted of suit for partition.
second query is that can she claim her share now because her father execute aggrement to sell before 20th Dec. 2004.
Anonymous
22 September 2011 at 17:50
Counsels,
Husband filed IA to strikeout pleadings in wife's OP. Pending that IA wife filed another IA which was dismissed and on revision the order of lower court was up held with direction to expediously dispose of the main OP within 4 monhs. Parties were also asked to adjudicate their rights in the OP.
Now since the HC has directed to expediously dispose of the OP the family court judge is overlooking the pending IA filed by the husband and forcing the husband to go to trial. The judge says that she will consider IA on final disposal not before trial. The husband has filed IA and counter and written arguments were also filed. Pleadings are contradictory and causing prejudice but the family court judge is forcing the husband to go for trial.
Can the husband ask for transfer of the case from this court to another court on this ground. Unless the IA is disposed of the husband will be put to prejudice and harassment.
Kindly advise.
Anonymous
22 September 2011 at 17:49
Hi,
Myself Asghar Ali from Bangalore (India). I got married 2 years back and I have 10 months old daughter. My wife is staying at my house in my home town vellore along with my family. My family consist of My mother and brother and his family. Before marriage i confirmed that I'll keep my wife in bangalore along with me. After couple of months my wife got confirmation that shes expecting, due to that reason I couldn't bring her to bangalore. After delivery my kid was infant and due to cold climate I couldn't bring them here and clearly told these reasons to my inlaws. Recently my father in law passed away now monther in law is leading her own family.
I found a individual house to purchase. I was running short of jewels and thought of pledging my wife jewels. I informed my wife that I'll pledge her few jewels and I'll get that back within a year. She was find with that. The next day was our second year marriage anniversary. I've been to my in-laws house to meet them. Her uncle came along with 2 strange guys to discuss about jewels. They asked me under whos name I'm going to purchase this house and I told them that I'll purchase the house in brother's name who is legal guardian for me and whos the one who taken care of me after my father's death. They were not convinced with that and they told I should purchase the house with my wife's name because I'm using my wife's jewel to purchase this house. I was not happy with that and I told I'm not going to touch the jewel after this. I'll apply for loan and I'll purchase my own house (By Grace of God, my brother is earning much and he doesn't require house from my earning). It'll take 3 months to purchase the house my wife should be at my home along with my mom and family. They were not ready for that and they said my wife should be at my in-laws house until I purchase the house. I was told that my relations are telling that I have a illegal relationship with brothers wife and how can keep my wife in that house. I told when you guys are not trusting me I dont want to keep any relationship with you guys; however, they thought I said I dont want to keep relationship with my wife. Now they have given pettition for Khula (Devorce) in Jamat (Mosque) by stating I'm planning to buy house in brother's name by selling my wife's jewel and I said I dont want to keep any relationship with my wife. After that I tried negotiate with her uncle that I dont want jewel. I need my wife and my kid I'll take them to bangalore and I'll keep them in rented house but her uncle is not ready for that and he's not allowing me to talk with my wife and to see my daughter. Her uncle kept my wife and daughter in some unknown place. I've been to my inlaws house but the house locked. Her uncle not ready to tell where are they. My wife switched off her mobile. My wife doesn't support me and she always listen to her mom and uncle. In between I came to know that they are going to charge the false dowry case against me and my family, hence, I consult the lawyer and he said I should send the notice. I issued the lawyer notice to her and the copies were sent to women's police station, SP office and govt Secretariat by stating come back and live with me. I've clearly mentioned that they threat me that they have a good reputation in police and they'll charge the dowry case against me. Also I clearly mentioned come back and live with me. Recently I got reply to my legal notice by stating the I sold all my wife's jewel and I never gave food, shelter, medical and other basic requirements to my wife and daughter. I harrased my wife and I forced my inlaws to give me jewel and more money very frequently. My father in law expired because of this mental torcher. Now my inlaws are claiming that my wife is angry with my legal notice and she doesn't want to live with me any more. I'm in a confused stage and I dont know how to bring back my wife and also doesn't know will she be with me forever instead going back to her mom house again. Can anyone help me how to deal this. Thanks in advance!
juanita frank
22 September 2011 at 16:02
i have a 2nd marriage i have a daughter who is 16 yrs old .i would like to know about the rifhts of a step daughter over property and money matters
Anonymous
22 September 2011 at 13:33
What is the nature of Hindu Succession (Amendment) Act, 2005? Retrospective or prospective?
Whether any alienation made before 20.12.2004 is having no effect of the Hindu Succession (Amendment) Act, 2005?
Give me details about it.
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Divorce case problems
dear sirs / madam,
married in 2006 in a church, was a christian love marriage. after 1 month, wife left husband and went to her parents home.after many requests from husband she was not came to lead marital life.
after 8 months male child born.
after many requests from husband, elders, she wont joind with husband. and in a meeting with elders,and in a meeting with a lawyer she told " i dont want to reunion with husband , i want divorce but demanded 2 lakh money to sign mutual divorce consent. husband ready to give 1 lakh only, and asked custody of kid. she asked time to think. after that she is not talking to lawyer and elders. and telling i dont want to come to any meetings. husband went to concerned police station and told all the details to SI. then SI made a call and called her to meetinng in police station.
then she told to him, i dont come to police, lawyer and if husband has interest in marital life iam ready to re join family life at my residence only, if he dont come to my home also no problem. i will live in my own house without husband. now husband went to a lawyer and filed petition for divorce. but in this case,
1)no written evidance of elders meeting and lawyer meeting, how to show these evidances to court?
2)after 5 years desertion, now she wantedly trying to delay and mis lead the case , she is ready to tell she is not willing to take divorce, so how to get divorce?
3)if she wantedly put 498 or any cases on me , how to deal?
4)if wantedly she tell lies , like sir after 1 month of marriage my husband left me, now he is trying to take divorce .
5)SIRs and madams PLEASE HELP ME WITH YOUR ADVICES