jeewan
16 July 2011 at 17:04
A marriage & invalid ,in view of section 5 as my wife has epilepsy & on the ground of fraud , could you pls explain i am putting a synopsis of my case ,
I got married about 5 years ago , 7 months post marriage i got to know my spouse is suffering from epilepsy (a fact i was not aware before marriage), then some how my wife not only this was also having side effects of the medications she was taking , was blessed with a child 2 yrs ago and then one fine day , my wife left the matrimonial house with the child , there was no fights , no criminal / civil cases . Tried to reconcile but she was not ready , in fact a year back i got to see a file of hers which contains her old medical records in orignal which showed the fact that she is suffering from an untreatable form of epilepsy , and she requires brain surgery , knowing this i dont want to get her back , but would like to get my son as a single complete care taker , i havent seen my son from past 2 years as sshe ha threatened me that if i try to see his face also she will put false allegations and put me behind bars, now my question is i am really scared to o to thye court , now she has deserted me for more than 2 years and now what should i do put custody first or divorce first , if i put custody there is a fair chance that she may give divorce by mutual consent , as she has allready told neither she would give divorce nor take it and wants me to suffer , now epilepsy is not a ground for divorce , but section 5 of HMA shows if epilepsy was there before marriage it is not a valid marriage is it true or it is before the amendment , please advise how to proceed for a early respite , & how much time does it take to get the custody and divorce . Can I put custody before divorce singly , and later a divorce , under what section I should put divorce
Warm regards
Jeewan
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swaraj
16 July 2011 at 15:59
respected sir my the police registed a case of 498a 323 and 406 againt my father and brother,now the two families of mine and brother's wife agree to compromise
please tell me the procedure for withdrawing the case,my father is on interm bail
thanks and regards
swarajdeep singh3
Anonymous
16 July 2011 at 15:32
Respected sir, Need your advise on the below,
I am a muslim married to a christian, Married on 29th Jan, 2002. Registered in special marriage act on 4th Feb in bangalore, 2002. The bride got converted to be a muslim on 7th feb, 2002, Got married & registered in the muslim marriage act in front of a kazi on 5th Feb. 2002,in Hyderabad. She took a Khula on 2 march, 2011 ,in bangalore, got the same notarised. Can i go ahead and get married now?
Lavanya
16 July 2011 at 15:23
My grandfather died intestate leaving behind
Wife and Daughter which is the best way to change the ownership of the house to the daughter?
T.S. Krishnan
16 July 2011 at 12:40
My daughter was married in 2000 in Delhi. She had some moments of depression in 2001 after marriage and has consulted some psychiatrists at that time twice or thrice. But for this she has no medical history.
She got a job as teacher in 2001 at Srinagar and joined there. She lived there for four five years and got a transfer to Delhi to join her husband. She was visiting Delhi during vacations as her parents, husband and parents in law are in Delhi.
She was being ill treated using philthy words causing mental agony and put to hysical torture and making demands for goods and money
She got conceived and came to her home where her husband is staying the property of his father in 2003. The parents in law sent her to her parents home for delivery and then no one turned to see her. All the expenses for delivery were made by me as parent of the girl. A girl child was born in2003. At Some time after the child birth my daughter joined her matrimonial house along with her child. She was ill treated and beaten up and hence had to leave the house along with her child and come to per parents and then the child remained almost for the entire period up to five years of age with maternal grand parents’ house as my daughter resumed her duty at Srinagar. . My son in law, the father of the child has not even enquired about the child all along and had not spent even a single pie for the child either for education or far health or for any other purpose. My daughter took a transfer from Srinagar in 2007-08 to join her husband. But they were reluctant to welcome her. Some how she joined them. Again ill treatment started. At one occasion she had complained to the police and the husband has given in writing that he will not ill treat her any more and if he dose so she can file an FIR. But again the drama of his behaving bad and on pointing out trying to behave well continued. On a quarrel he left the house where his parents, wife and child were staying in 2009 or so and was staying elsewhere without giving his address for about a year or so thus abandoning his wife and child but stealthily coming and seeing his parents. Then suddenly one day he had come home in the absence of his wife took away all the articles from the hose including Chula, lotas and window screens and his parents leaving only the four walls for his wife and child to stay thus completely abandoning them. They have also taken the silver that we gave to our daughter and some gold that she had purchased out of her own income. They are not giving them back when demanded
My daughter had also sent to her husband Rs 40000 or so by draft from Srinagar and had been remitting money to her husband though in return she did not get even a single piece of cloth or a pennyworth expenditure for her. We cant show any proof for the same now. The husband now says that he has paid it back to his wife
The 30 tholas of gold given to my daughter was lost by them in a theft where in the thieves opened only her almirgh and not the almirah of mother in law which was just by the side of her alimirah and in which also the gold belonging to mother in law and her daughters were there. They promised to make good the loss over a period of time But till today they have not got even a single gram of gold for her
My daughter has put her daughter in a residential school at Solan and spending about Rs. 1 lakh for her education per annum. Her husband is a central government official getting a salary of more than Rs.30000 per month and having fixed assets like car, motor bike and other things. His father is having a residential property where he is now staying along with his parents. On this property too he has spent money for renovation and building a room on the terrace etc and for furnishing.
My daughter was thinking very often to file a case under 498A or domestic violence ACT. I was dissuading her in the hope that situation may improve to the good and the marriage may not be broken.
It is also a fact that her in laws were demanding something or the other every time.
My daughter has applied for maintenance for the child for Rs. 10000 per month more than a year back and the case is pending in the court.
Now in Nov. 2010 the husband has filed a divorce petition saying that
Wife was ill-treating him treating him cruelly
Wife was suffering from Obsessive compulsive Disorder (he has shown the visits to doctor in 2001 as proof and nothing else
Telling a lie that Wife has demanded that his father’s property must be transferred to her name and if the same is not done she would implicate them in false complaints and cases.
The questions now are
Will she get the maintenance for the child and if so how much she will get?
How far the petition of the husband for divorce is maintainable. What are the claims she could make in the case if divorce is to be accepted.
In case of any divorce by mutual consent what are the things that she is eligible for and claim for
Can she even now file a case under 498 A or Domestic Violence Act
Can she file a case under dowry ACT?
How she can get back her own articles in the custody of her husband and in laws
Can she get back the money that she had given to them and how
Can she get back the ornaments that had been lost and how
Anonymous
15 July 2011 at 22:19
A will is signed by the testator at the bottom right hand corner, one witness at the bottom left hand side, and by a beneficiary below the signature of the testator. The will is 38 years old and not executed but kept hidden by one of the beneficiaries decendants. Is the will valid and can it now be put up for probate after so many years ?
Anonymous
15 July 2011 at 21:35
Hi friends,
Will some one of you will show appropriate law on the following proposition?
A final order of maintenance is passed u/s 125 crpc against H.Now three months have elapsed since.Advocate tells application for setting aside ex parte order is barred as more than 3 months have elapsed.He has filed revision petition before SJ.The latter has raised a question, "If there is bar of limitation u/s 126,revision is equally barred".My advocate argued "there is no limitation for filing revision under section 397".
PLZ provide appropriate guidance with judgments,if any, for & against the problem.
Regards !
Anonymous
15 July 2011 at 11:38
Dear Sirs / Madam:
1. Can Police file Chargesheet without Punchnama?
2. Can Police do Punchnama without Wife?
3. What is the Best thing that could happen with us if Police files Chargesheet with or without Wife and mentions the genuine facts in Chargesheet?
4. What if the Judge (MM) or the PP doe snot find anything substantial in the chargesheet?
Anonymous
15 July 2011 at 11:31
Is there any provision in law which allow me to file application for my potency test by medical board before next hearing date? Now the time for steps is going on, and the next date given for evidence listing. So, I would like to get order for my potency test and submit the results on next date. Please advise.
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which document have more powers regarding partition of father property.
Will made by father himself.
Power of attorny made by father.
which document possesses more legellity
in eyes of law.
In My Case, My Father is alive and had made will of property.
he made in will, property on my name .
and made power of attorney on my brothers
name.
Now, does my brother can sell any property without consent to me which was on my name in will and they have power of attorney ?
Can i sue them . Suppose if i sue then who
will win the case in court of law?