Sunlawseeker
26 March 2011 at 22:31
Respected Advocates !
I'm requesting your advice for the following scenario.
" Mr.A got married with Mrs.B. They got two children ( 1 male and 1 female) both are under 15 years.
Mrs.B died. Now, Mr.A married one widow.
Mrs.B's elder brother wants to adopt the above said two children.
Can anyone advice me in this regard by answering the following doubts?
1. Pls send me a copy of Adoption deed in Tamil.
2. Can UNCLE of children adopt them?
3. Any other valuable advice.
Thanking you
Regards.
V.Sundaresan
Anonymous
26 March 2011 at 03:41
I got mariied in 2003. within couple of months of staying with my husband, he developed nagative attitude towards me and chased me out of my matrimonial house. in 2005 , he filed for divorce on the grounds of cruelty. I counterfiled in the family court for restitution of conjugal rights. unfortunately divorce was granted.the judgement was granted in 2008.I appealed in the high court against the divorce granted. in the high court. divorce was reversedin the high court. He appealed in the supremecourt , however same was dismissed.Meanwhile, after the divorce was granted in the famiy court, he has remariied and registered tha same within the appeal period of 30 days. what further action I should take, to retain my status as wife and be in matrimonial home
Sowmya Badrinath
25 March 2011 at 21:30
Hello,
I have a client, mother of 5 month old baby who has filed maintenance case from her husband in B'lore and the husband has filed Divorce case in Mysore for harassing her.
Please advise me if I can get the Divorce case transferred to B'lore by filing Transfer application in High Court.
More details with regard to this matter would help me.
Thanks in advance.
Regards,
Sowmya.
rajnish
25 March 2011 at 21:06
sir'
i win the case of 498a wich filed by my wife for blackmaling me and my family .i fight the case since last three years.i want to know
1)that i want divorce but not file divorce petion till date this may creat difficulty for my divorce.
2)that after case she aproching me by some kind of masseses tht you are my sweet spouse, i am lucky marry with you. all this type of msgs but i respond her .by the act of me and my parents are sent jailed for two days.
3)SOME PERSON SAID SHE APROCHED TO YOU BY MASSESES SO SHE WANT LIVE WITH YOU AND THAT THE RESON YOU NOT GOT DIVORSE.
I AM NOT LIVE WITH HER ANY WAY.PLEASE SUGGEST ME WHAT TO DO.
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Anonymous
25 March 2011 at 16:07
can children of a mother who is in dementia stage sell her property without court consent?if court consent need,what is its procedure?
Anonymous
25 March 2011 at 14:26
For the purpose of filing mutual divorse petition affidavit requires to be filed by both husband and wife. Affidavit before Notary Public will do ? or affidavit has to be sworn before 1st class Magistrate. Pls. advice.
Anonymous
25 March 2011 at 13:35
What is being done in the notice period? what is the registrars part of work during the notice period? what is the cause for the notice period?
Anonymous
25 March 2011 at 12:59
My question is if a person is mutually divorced under the court of law and does a second marriage after 8 months of receiving the divorce papers and the other party is unaware of the 1st marriage then under this circumstances:
(1) is the 2nd marriage valid?
(2) is any investigation done during the 1 month prior notice to marriage which will reveal that there was a 1st marriage/ is there any chance that the marriage registrar investigates about 1st marriage due to which he may not allow the 2nd marriage?
SABA
25 March 2011 at 12:17
Dear Sir,
i am a victim of crutelity of every form (physical , mental, sexual and fiancial) my husband and my inlaws in my three and half years of marriage had tortured me contnuosly and prevented me from seeking help from police however two instances came one after the other in a months span which completely devatsed me as my husband tried to strangulate me to death given this i had to call the polcie on the very night when the incidence took place the second time, and as usual the police tried to prevnt along with my husband from launching the fIR and prevenitng me from the MLC being done howver i was firm and had got the same done and had to run to get an FIR launched though th fir was launched except for the section 498a, 406 and 4a and 323 (based on MLC) and none other inspite of instances and repeated trip to police station.
My husabnd and my inlwas on the other hand applied for anticipatory bail and were given by the same in the trial court.
the case is under invertigation and is due for its first hearing which is probably expected in the next month.
meanwhile i have also filed apetion on doemtic voilence howvere , i still not concvinced that inspite of heavy strangulation mark on my neck which could have amounted to mydeath, polcie did not take any sever action aginst my husabnd and inlaws, iam sure that it must due to the corruption that we all rae aware off, but how do i get justice.
i am alone in this city and i work as a freelancer to meet my ends with no permannet job saftey and with this mishap i am not even having a proper shelter and saftey and cannot expect the state to be just and unbaised seeing the anticpatory bail proceedings in the court.
on the otherhand as i was busy with defending the antciporty bail and applaing the police to add other approapirtae sections, my husabnd was busy hacking my email, my soical netweork page and abusing the contacts by sneding notrious amil from my email... for which i ahev filed a sepatte complain in teh cyber crime cell.
i wnat to know how the indian law will be usefulto me as i am stuggling to get justice for the cruelity i have faced and suffered and now when i ahve dared to fight for justice, is any of indian law will be able to do justice to my life, libierty and diginty.
mean while i also came to ko that my husand is planning fro a remaiirge as he was doing it even in the course of trhee years of our marraige.
we are muslims and i am also not aware if it is in any way i can prevent him from doing so while the case is under trial.
he works for the university and is a temperory/contractual employ and if there is any way i can seek his institution to take necessary actions against him.
please guide , i am in severe need of your guidance.
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DNA test by Mr ND Tiwari
In the case of the paternity determination case relating to Mr ND Tiwari, the Supreme Court is said to have confronted his legal counsel with the question "Give one reason why he cannot undergo the test?" That is a good question as to why Mr Tiwari does not want to volunteer to undergo the test.But another good question that the Supreme Court has to answer is : Show one section of any Act under which the Court can order a person to undergo the DNA test. Ss. 53 and 53A of CrPC confer the power to order the test in a criminal case. In the civil case of determination of paternity, there is no statutory authorization to order the test.