Anonymous
20 May 2011 at 21:27
My brother had run his own business with monthly earning Rs. 5000. Now he has been in jail since 26 days in false case of 498a, 406 & 34. Her stridhan returned back to her through police. She has filed 124 & 25. Can judge pass an order for maintenance though my brother is now a criminal unemployed as his business has failed due to jail.
Anonymous
20 May 2011 at 21:07
i had secured ex-party RCR, after 2 months of RCR i filed for divorce, my wife has implicated me, my parents & relatives in 498A, 34 CrPC, 3/4 DPA and applied for maintenance under sec.24 HMA & sec.125 CrPC, proceeeding is going on, no hearing under any sec. has started. Now decree of RCR has completed 1 year. Wether I should file for amendment for divorce under sec.13(1A)(ii) or verbal request may work. Pl. reply.
Thanks in advance.
Anonymous
20 May 2011 at 17:31
My wife has filed a petition for divorce on grounds of impotency. The case is now in Session court. If we lose the divorce case in session court, then can we move to High court for appeal.
Anonymous
20 May 2011 at 17:03
If bride says that her husband is impotent and there is no physical relationship in between them due to husband's non erection. Then she file case of divorce, 125, 24 after living of only 2 months with her husband.Has she right to get maintenance in this condition.
Anonymous
20 May 2011 at 11:29
my brother in law has desserted my elder sister and my brother in law has re married another women(in my society biagamy prevails).
--what should we do now ..file a case for maintenance under 125 CrPC
---or file under domestic violence act but we have no proof that she was injured physically
---what is the latest rate of payment for maintenance...my brother in law earns fifteen thousand a month.
Anonymous
20 May 2011 at 09:44
MY FATHER & MOTHER EXPIRED 6 YEARS BACK & FATHER MADE WILL OF THE HUF PROPERTY [ COMMERCIAL SHOP ] IN MY FAVOUR.I AM THE SOLE BENEFICIARY,THE RESIDENTIAL HOUSE WAS GIVEN TO MY BROTHER. DO I NEED THE NOC FROM MY ELDER BROTHER FOR TRANSFERRING THE COMMERCIAL SHOP TO MY NAME AS I M THE SOLE BENEFICIARY AS PER THE WILL.THE SHOP VALUE IS NEARLY 10.00 LAC & NOW I WANT TO GIVE IT TO RENT.SOCIETY WILL ASK FOR THE NOC OR NOT,IF I DO NOT GET THE NOC, WHAT I HAVE TO DO FOR THE TRANSFEIRNG THE SHOP IN MY NAME.I DONT HAVE ANY SISTERS.
Vicky
19 May 2011 at 22:50
With reference to article "Parental intrusion ruining couples' marital life:Delhi high court" and judgement given by Justice Kailash Gambhir, below is my situation, please suggest.
BACKGROUND
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I got married on 28 Feb 2008. It was an arrange marriege where girls family is very spiritual and perform hour long puja
twice daily and follow sant asaram bapu, palam wale baba, shahdara wale baba, karawal nagar wale guru ji and haridwar wale pandit ji (this we didn't know earlier). My parents selected the girl as she was also very spiritual, and I also agreed on the marriage. She is the alone girl with 2 brothers, 1 elder (29 married working) and 1 younger (23 bachelor studying).
She carried her mobile phone to my home and were constantly in touch with her parents and she used to run into corners for talking to her parents, not even in front of me she could talk with her parents, not even till now she talks with her parents in front of me. She is very angry girl. Do whatever she likes. Do not listen to anybody except her parents.
She started suffering some mirgi type of attacks sometimes and used to talk in different tones and tongues then her father took us to a babaji and he suggested that she is haunted by ghosts which were sent by my eldor brother's wife and her mother. We just wanted to get rid of the problem my wife was going through, so we decided to follow whatever babaji tells, we went to Balaji temple and perform many pujas also in house to get rid of the problem.
She stayed more than 1 year at my home (in this period we used to go to her home and both families had good relations) and then her father called her 1 day to their home and refused to send her back and started telling false stories in the relatives like they beat my girl and they have made my girl a domestic servant and my brother's wife has her attacked by ghosts and many other things, this was not expected from either the girl or her parents, so I called her up and asked her to come back. But she didn't come back, and later on after 5 months her father told that he will only send her girl back if we both live separate from my family (ours is a joint family, father-mother, brother and his wife and their children) and not with my brother and his wife. My father and me accepted this and I rented out a flat 10 minutes walking distance from my father's house. Since then we are living seperately and few times we both quarrel also and nicely living together.
-----------------------
CURRENT SITUATION
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Now she has no ghost attacks at all. Her parents call her atleast 10-15 times daily and they always try to twist her mind against me and my family. Mostly topic of their conversation is me and my family. Her mom-dad always spoon feed her in
negative way against me and my family. There are many instances I know when she calls her mother and father for even very
small decisions of our day to day life. During this period she 2-3 times threatened me that "she would do SOMETHING and will trap me and few of my family members" on daily trivial issues. Once she tried to cut her wrist then I snatched the knife from her hand. I called my neighbors and told them about this but she denied in front of them about this thing and said I was beating her. Then in the evening I made recording of our talks about the incident, then also she was doubting about my intentions and started looking in my phone instead of replying to my questions. Then in the last she said that I don't know from where that thought came into my mind. I let go of everything and only tried to give her positive thoughts and not even told anything to my parents. I don't tell them anything between us but she always tells everything to her parents about us and our day to day life and events, and her parents are always interested to investigate about everything going on in my house and my parent's house. And now she even don't want my parents to come to my house as they come occasionaly for few minutes or hours.
Now I have got a very good job in Bangalore, we decided once I rented out a flat in Bangalore she will fly here alone or with her younger brother (I will book the tickets). I came to Bangalore on 19 Mar 11, and she went to her parents place after 1 week. And now she refuses to come back and always try to fight with me on old topics some or the other, initially she used to say I will come there in flight alone, now she say I will only come if you are coming to take me. I have rented out a flat here + rent of Delhi flat + I am living in PG cause nothing is there in the newly rented flat. Her father also started saying you come to take her and I have to do a discussion with you then only I will send her. She even says if you don't come to take me, I am happy living here with my parents (She does not even care for her own home locked down for her to return). She starts shouting if I say something against her or her parents and is always ready to finish this relationship.
The girl is not at all mentally attached to me. And always finding a way to fight with me on phone. I still call her and
listen everything she says and tries to calm her down and her mother always sitting behind with her murmuring something in background. Her father says, I will let you know the date once I discuss this with my wife and my wife has gone somewhere. They don't call me or my parents. She occasionaly calls my mother when I persuad her to do so many times.
Now I don't understand and make up my mind what to do in this situation. I know this girl will never live happily with me untill her parents stop calling and filling her mind with negative thoughts. I am trying to keep this wedding but I don't
know what else to do. I can't concentrate on my work, my appetite has gone, always BP low. Sometimes I think of suiside also,
but I know that will not do anything positive. Please suggest, what step I should take so that I can live happy, she can live happy and my parents can live happy.
Please let me know if any other information is needed.
Anonymous
19 May 2011 at 21:07
R/LCI Members
I want to file a dovorce petition,earlier 125 crpc petition domestic violence complaint are pending in the court,my husband is residing abroad ,he is not coming to India to face cases,nor he intends to give me divorce,now i want to file a divorce petition on cruelty and desertion ground,i want to know if i succeeded in getting ex party divorce decree and after that i got re married,than in that situation, i can claim for permanent alimony amount or not,presently i am not getting any amount as maintainance as 125 case is initial stage.Kindly suggest
Archna
Pankaj Khodaskar
19 May 2011 at 19:28
In case a person receives certain immovable property under family arrangement, then whether stamp duty is payable on the same?
If yes, the liability would arise at the time of entering into the family arrangement or at the time of getting the possession of the property?
How the title would be passed on in the name of the recipient?
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Adoption
Dear Sirs.
I am a landlord of a tenated building governed under the old tenancy laws of Mumbai.
One of the tenants who had no children died ten yrs ago.After his death his wife also expired and they had no children.
On the death of his wife her family members came and did the cremation etc and gave the keys of the room to us.
3 - 4 yrs later after the above incident one person claiming to be the adopted son of this couple appeared and claimed the possession of the room and the tenancy as a heir .
In support of his claim he had copies of a ration card with his name showing the address of the couple.
As for adoption papers he had none except that he has a unprobated will of the Male menber of the deceased family wherein it is sated that this person is adopted by him.
my querry is
1) Cn the protected tenancy devolve on a adopted child/?
2) If so what is the proof required to establish adoption?
3) Does a mere mention in a will that xyz is adopted
is sufficient to prove adoption?
4) what are the documents required to prove that xyx was adopted?
thanking you in advance
regards
edward