Anonymous
14 July 2011 at 12:49
Dear Sirs / Madam:
Earlier I had mentioned that We are settling the matter with the wife. Wife eager to settle, but, her father finds some or the other ways to interrupt settlement. At one stage we had also finalised everything. But, still her father & her lawyer raised unimportant & baseless issues regarding settlement. They just want that we should keep on trusting them blindly and whatever we say they want it in writing.
Now, since the settlement is cancelled as of now. Police has not yet filed chargesheet for 498A & 406. In fact, whenever the Police called the Wife for Punchnama, She did not come. We got AB in March, 2011. Police tried hard to get her for Punchnama. But, her Lawyer is not allowing her to go for Punchnama. Because they know that at the time of Punchnama they will not find anything as she has already taken her things while leaving her matrimonial (our house) home. They filed DV Act 2005, 498A & 406 just to scare us & extract money from us. They very well know that if in Punchnama nothing is found then their case will get weak & we will get Acquittal easily. So just to pressurize us they are not allowing Punchanama to happen.
In such situation, what should we do? Is there any way wherein we can directly ask or apply to the Police to proceed with Punchnama without the Wife?
Can we approach any legal department, who could officially direct the police to perform Punchnama without wife?
Could RTI be of any help?
Sunil
14 July 2011 at 10:58
Thanks very much sir, but her parents came to my home yesterday evening. They have been informed about divorce somehow. They threaten us to see in court and said you have deceived our daughter. Now what should i do I have consult with my lawyer he told me not to worry. But I want to ask to you. Sir she was first petitioner and I was second. Some one told me she can reopen the case within three months of court decision. Is it true? I have given 1 lack also. Now my son is with me. Please help me sir.
Anonymous
13 July 2011 at 23:43
if an ancestral land is registered to a person's son's name during person's life time... then can his female coparceners claim for that land after that person's death.? and can that land's registration be cancelled if petition is filed by the female coparceners...?
Mohammed Raza
13 July 2011 at 22:59
Dear Mr. Raj Kumar Makkad,
I have a below query to be solve
A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002
"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.
The questions I have are -
a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?
b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?
As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?
No partitioning has yet been done.
The situation relates to a Sunni Muslim family in India.
Thanks in advance N Eagerly waiting for kind advice
Anonymous
13 July 2011 at 20:07
I and my wife have arrived a memo of understanding and asking for divorce under desertion by my wife... I would like to know that if both me and my wife sign the memo and divorce is granted on desertion...... will my wife be able to appeal this at a later stage say after 3 months if she changes her mind?
If i get the same under 13 B is it also appealable? do I have to wait for 6 Months for 13B divorce?
Tarun
13 July 2011 at 19:40
Respected Sir/ Madam,
My brother was a Bachelor and he expired in 2004. He left behind a handwritten WILL.
When he made the WILL in 1994 he made it in the favour of his 2 nephews in the presence of witnesses.
After that he had a change of heart and he made changes in the same WILL by scratching of the above names and adding the names of his other Niece and Nephew.
But this change did not happen in the presence of any witness but self attested by him in 2002.
My query is whether this WILL has any significance and Validity and can it be challenged in the court for invalidation.
If yes then what are the chances of it to be Invalid.
Thanks and Regards,
Pahlaj.
Anonymous
13 July 2011 at 18:08
I have a moot-court competition where I've been given this family law case and I have to prepare an argument in favour of Rahul Raj. The case is as follows:
Rahul Raj and Meenakshi were married to each other by their parents on 26.06.2005 in Sangli
District of Maharashtra. Their families had arranged their marriage without consulting them.
Saptapadi and other rituals were performed according to their custom. The two were happy with
their marriage, and were compatible with one another.
On 23.04.2007, when Meenakshi was 16 years old, they had a son, loved and cherished by both.
In January 2008, Rahul realised that his income was not sufficient for a comfortable living,
decided to move to Pune in search of a better life. Meenakshi also agreed for this arrangement.
While leaving, Rahul promised Meenakshi that he would make proper arrangements in the city
for her and their son, and move them to Pune within a year.
While in Pune, he fell in love with Anjali, his colleague at work. He took legal advice, and sent
on 15 July 2009 to Meenakshi a letter stating that he was married when under-age, did not wish
to continue with the marriage, and hence avoided the marriage by the letter. He suggested in the
letter that he is in a position to take care of their son, if Meenakshi finds it difficult to do so.
Three months after sending the letter, he completed 21, and married Anjali.
In December 2009, Meenakshi approached the Family Court of Satara seeking restitution of
conjugal rights. She stated that she wished to continue her marriage and ensure that their son
grows up with his biological parents.
Rahul appeared in the proceedings and sought dismissal of the petition because they were no
longer husband and wife. He also applied for custody of their son.
In July 2010, he also filed in the same Court a suit for declaration that Meenakshi was not his
wife. He filed this suit under section 34 of the Specific Relief Act. He did not file a petition for
nullity under the Prohibition of Child Marriage Act 2006.
The petition and the suit are kept for final hearing. The Family Court of Satara has jurisdiction to
hear both matters. Argue for (i) Meenakshi and (ii) Rahul.
My query is.. How important is the letter that Rahul writes to Meenakshi stating that he was married when under-age and did not wish to continue with the marriage?? Is the letter legally binding even though Rahul was a minor when he sent it??
Another query is...Why did he file his suit under Specific relief Act and not under section 3 of Prohibition Of child marriage Act,2006?
Anonymous
13 July 2011 at 17:57
Dear Expert,
1) if a Muslim male dies intestate, to whom his property will go?
2) on what proportion?
3) under which ACt and section?
4) what will be the consequences if the male Muslim belongs to Shia or Sunni Community?
5)What will be the status of Woman if muslim male dies intestate?
6) and What will be the proportion if he has two wives and their respective children?
kindly advice me.
Thanks in advance.
Sunil
13 July 2011 at 17:21
SIR I have got divorce from my wife June 2011, with mutual consent 13 B, problem is that my parents know about this but her don’t know. She is living separately, but i have doubt when her parents will be informed, they could harm me and my family what should I do? Please help me.
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IS WIFE'S BEHAVIOUR IS TOLERABLE
After marriage, wife used to share first night matters and other bed room matters with her mother. After marriage s*xual life and matters such as intercourse etc. were new for wife and therefore wife was not able to adjust with this. Wife after discussing with her Mother used to fix time for husband for having intercourse and s*x with her. Her Mother was also discussing these matters with son-in-law. Son-in-law being aggrieved by this, has word with wife and told wife to share these things in future only with him. After this wife started quarreling with husband and left matrimonial house.
Wife has discussed with her uncle and other relatives that her husband was taking doubt on her. So she has left matrimonial house. Her uncle and relatives instructed wife not to go to matrimonial house without their permission.
Husband came to know about this. So to convey his in-laws husband went to uncle’s home and discussed the issue with them. Now wife is arguing that she has no brother or sister or other nearby female relative hence she has shared bedroom life with her mother and husband is like son for her hence her mother has discussed with him. But you should not require going to her uncle and discussing with them. Husband argued that he only know and mix with her uncle only. Age is not a bar for him. Her uncle is in place of father and husband has just told him to explain his mother-in-law with the help of any female member of his family not to do such a thing in future.
Husband has no objection for sharing these matters by wife with her mother. He has objection over mother behavior for sharing or discussing these matter.
Now wife has filed case for divorce on the ground of cruelty. During mediation wife accepted above fact before mediator.
Queries
1.Can wife lawfully share her and her husband’s s*xual life and bed room matter with her mother?
2.Is husband is correct in objecting the issue and can he disclose this before the judge subject to proof?
3.This is cruelty for whom Husband or Wife?