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Anonymous   22 March 2011 at 11:13

JOINT ACCOUNTS VERSUS NOMINATION VERSUS WILL ?


My mother is having joint account with my elder brother and father has expired , now after my mothers death who will get money joint account holder or the nomination or as per will

Anonymous   21 March 2011 at 21:14

What if witness found to be guilty in the case

In a matrimonial case a person who might be witness from my wife’s side, was a middle man between us. Actually person who might be witness is a Chartered Accountant and we both, me and my wife were working in his office. I was working with him from Oct’1999 to Aug’2009 and my wife was working with him from Jan’2004 to Jul’2009. Before a week from the date of our marriage (date of marriage was 28.12.2008), we have dispute between us due to this person, as he was asking our personal matters to my fiance in my absence. The dispute was settled and my fiance after talk with me in that person’s presence at her home and ready to merry me. As it was agreed between us that my wife has no one except widow mother in her family, so she will continue to work after marriage and share her salary with her widow mother, I allowed her to continue to work at the same office after marriage. But the said person was touching my wife frequently in my presence in his office and was asking personal and house hold matters to my wife in my absence when I was out of office for office work. When I object about the same my wife told me that I am taking doubt on their relations, due to the said person our marriage were solomonised, he is my well-wisher and like god father and she left matrimonial house on 24.04.2009. Thereafter the said person was threatening me and my family members for having Mutual Consent divorce otherwise face bad consequence, so I have logged Police NC Report against him on 11.07.2010. Also past and character of the said person was not good as he and his wife was involved in wife swapping matter and during our working hours we found magazine like Debonair, Playboy for general office drawer. In short he believes in western culture and instead of uniting us he is saying to my wife that her husband is orthodox and narrow minded. She should have divorce with him and have remarriage with some another good person.

There after she filed petition for divorce on 10.08.2010 on the ground of Cruelty, dowry, non-provision of food and slapping etc. in the District Court Kalyan Senior Division. After 7 hearings issues were framed by the Court on 11.03.2011 and in next hearing i.e. 06.04.2011 list of witness is to be submitted. I am sure that she will submit the name of said person as witness.

My query is as expected if my wife is submitting name of the said person as witness in the Court and above matter discloses and the said person found to be guilty of separating us / root reason for dispute between us what actions will be taken against him by the court?

I have recording of my wife in which she accepts that the said person is her God father and I am wrong and the said person is right. Can I take actions against the said person?

Anonymous   21 March 2011 at 20:45

Right of daughter in father's self acquired property who died before 1956

A lady's (Savita) father (Bholu) made money before 1956 and purchased properties. Bholu died in 1950. Bholu had one son and one daughter (Savita) (died in 1945).

So at the time of his death, there was a son (Bhiku) , a widow (Sita) and sons of the pre deceased daughter (Savita).

Widow (Sita) died in 1960.

Please inform whether son's of pre-deceased daughter (Savita) will get share from the property of her father(Bholu). Similarly, whether they are entitled to share in the property of the lady's mother(Sita).

The property is in the possession of the son (Bhiku) and his sons & grand sons. So far partition of the property has not been done.

Anonymous   21 March 2011 at 19:48

I need citations on 'loosely drafted pleadings-WS are allowed as' litigants may be illiterate of law


I need citations on 'loosely drafted pleadings are allowed as' litigants may be illiterate of law, especially in family courts and family disputes.


Judges are expected and are competant to gather the material and sustance from the pleadings as to what the litigant's is all about.


I have come across a similar HC judgment a long long time back, but not able to search it again.


Thanks

iniya   21 March 2011 at 19:32

pls help... genuine 498a case

I got married a year back and got into joint family with inlaws. These are my problems:
1.From day 1 my husband dint show much of interest for both emotional or physical intimacy and that affected me a lot. Finally our marriage became consummate after 10 months. Btw whenever I tried asking my hubby for some private time or going out my MIL use to interfere and will ask to do things on my own and dont disturb him or try stick with him always. Moreover even if we go out my SIL will come with us. When I raised this issue my hubby felt as if it will displease his mom and sis if he spends time with me alone even at night.
2. Even though my parents were equally rich my MIL was of the opinoin like watever shridhan given was not up to the mark and not much to say. She indirectly suggested my hubby that its my responsiblity to sell off my jewels and a car gifted during our marriage for my SIL's marriage and further I need to arrange for business for my husband with help fo my dad. Pl note my inlaws are financially good and they could manage even without selling my jewels. Also my inlaws family itself is business family capable of financing my hubby for new venture.
at the peek of all when our marriage became finally consummate and hubby began showing little affection , my MIL droped another bomb saying she could have chosen better girl for my hubby and my obedient hubby started listening that too. and started maintaining his distance again.
one fine day, for some silly reason of lesser gift given for an auspicious occassion my MIL said our family disrespected them and throwed me out of the house and my hubby supported and stood by he saying he is going to divorce me. He also called my parents and informed them saying I ran away from home and dono where I went. They took my mobile before sending me out. I was on street without a penny.
The next day they filed a case against our family saying "threat for life". I had no other go than to complaint a 498a case and got a CSR copy alone. Requested the police for mediation and compromise and reconcilliation
My inlaws promised they are ready for compromise provided I withdrew my complaint before that. i did so infront of them (though police dint take my written statement and still kept the case open for safety till matters settle). On assumping i withdrew the case they never turned up for compromise as promised and instead presurrised to take action on my family for life threat petition given by them.
How do I handle it. Divorce or mutual consent is definetly not my choice. (that why they sent me out aiming for divorce)Can police help me in reuniting with my CSR. One of the reconcilliation terms I want is to go for couple counselling and psychothearpy as my hubby's mind is poised with thoughts said by my MIL. Pl help how to go about. I want to save my marriage. I dont want to leave that easy when they can just marry me for society (my SIL's marriage fixed after seeing the grandour of our marriage) and ditch me after they feel they can go for more prospective bride again.

Anonymous   21 March 2011 at 18:15

family court divoce matter

My name is Anupama
In 2009 my husband filed a divorce petition in Pune court. He is in Dubai.from the date of filling he came only 2-3 times for mediation purpose.he want divorce but i don't want to give.he is trying to withdraw that petition or want to dismiss it by court. he was never present in the court.Recently i know that there is treaty in India -Dubai.my advocate don't know this procedure.She convince me to take divorce & last week i give written application that i am ready if he gives me all my belongings & a lump-sum amount. but after knowing this treaty procedure i want to go trough this but my advocate dont know this what shall I do? I take advice from other about my case but no one suggest me this treaty procedure.
In short I want to fight against him. i want him in court. want to seize his passport & want justice.what we do in this case plz reply.

Anonymous   21 March 2011 at 16:22

divorce

what is single petition for divorce?how it works & wat r its proceedings?

Anonymous   21 March 2011 at 15:20

maintance-how to prove husband's income in dollar

Dear Sir/Madam,
After lots of mental and physical harassment,i filed a complain against husband under Domestic Violence act.Case is started in 13/01/2011.Court is ordered him to pay 5000-Rs per month,as a rent of my house.but with some fake documents he tried to prove that he is jobless n not able to pay a single coin.
but reality is that ,he is a weblogic engineer n working for Bank Of America,U.S.A.he is earning 5000$(dollar)per month.he is doing this job from India(work from home)in his labtop.his american job consultant is helping him to hide his fact.i informed his company & job consultant,but they didn't help me.i know he is earning in dollar since 2 year.but i am not able to prove that.
i need your guidance,in this case,what should i do?is there any way to prove his dollar income or job?Can our legal-system help me? or can our legal-system inform this thing to Bank Of America? plz help me,i have no way to prove my husband income.my lawyer is helpless,bcoz he doesn't have any idea about USA job.plz guide me..
waiting 4 your reply..
Thanking you..

dipankar   21 March 2011 at 15:14

HOW MUCH EFFECTIVE WILL THIS INJUNCTION SUIT BE.

I HAVE LODGED AN INJUNCTION SUIT TO STOP MY WIFES REMARRIAGE.(SHE IS BEING REMARRIED AS WE SECRETLY MARRIED AND WE ARE OF INTERCASTES SO HER PARENTS ARE AGAINST THIS) I HAVE ALSO LODGED A CASE UNDER SEC.9 OF HMA.NOW MY QUESTION IS HOW MUCH EFFECTIVE WILL THIS INJUNCTION SUIT BE.WHAT OTHER CASES I CAN LODGE AGAINST HER AND MY INLAWS.

Anonymous   21 March 2011 at 13:30

divorce

I am an architect & used to work under civil engg.he is also the junior engg. of a private company.so,in his office i have to look after each thing.he is a married man & is having severe problems with his wife & thinking of divorce.i knw it earlier when i joined the firm.he started to like me in due course but i didnt response much as i was also engaged.we are like friends.one day suddenly his wife & in-laws came in d office premise & started to abuse me with slang words & said tht i m resposible for destroying their married life.they have even torture me mentally & physically & when he tried to protect me they have beaten him badly.his wife had earlier did the same thing with one of this lady employers.our reputation just destroyed in a sec.they even called the police.we are facing various problems in the society and sufferring from depression.so,without informing any he married me.still now no one knows.it was his wife who was asking for divorce every now & then earlier but nw when he is asking now 4 mutual consent she is refusing nw.she even told she will make his life hell.after tht incident his is living separately from her its almost two month over.but maintaining her monthly expenses which is very long figure.please help how to get divorce earlier as soon as poss so that we can get rid of her?