Anonymous
08 March 2011 at 17:33
sir,
in the year 1995 there was written partition(not registered) between my father and uncle and some property came to my father shares and some goes to uncle. propertys came to my father shares in that some property was in my brother name but my father is not transfer this property to his name as per partition deed because it was in the name of his own son and father was confidence that it is in his own son name and therefore they have not transfer this property to his name and kept in my brother name. but sir, my brother 6 months ago transfer one property on his name to his mother-in-law name . which was actually purchased by my father in 1981 in the name of my brother when he was only 6 yrs old and after 1995 partion between my father and uncle this property came to my father shares. and after we came to know that he has transfer this property in his mother-in-law name we (means my father and my yonger brother) filed suit against a my brother claiming the null and void transfer and cancellation of sell-deed. because this property was purchased by my father in the name of brother when he was 6 yrs old. but,in written statement he said that at that purchase time my grandmother given cash money to my father to purchase this land and a before the death of grandmother she told him that i have gifted this land to you. sir,can it is possible ? when in registry it was mention that his guardian is his father and at the time of purchasing this property my brother was only 6 yrs old and all money was paid by my father only. wheather he is having right to sell this property saying that it gift given by my grandmother and it is my self-acquired property? and in 1995 partition between my father and uncle this propertypls came to my father share then can only my brother is having his name on this property having right to sell without the consent of father and borther ? it should trated as a ancenstral property and everyone is having right on this property including my father,mother and my younger brother then my brother is having right to sell this property to his mother-in-law name ? give your valuable suggestion and direction and also give any case law related to this ......
Knowledge Gainer
08 March 2011 at 16:53
In a matrimonial case filled by wife u/s 13 (1) (ia), she is demanding alimony and maintenance. (Her allegations are fake and frivolous, even she cannot prove cruelty and if she can by gaining sympathy or producing fake evidences than at the same time she had condoned cruelty so she will not succeed). Now after seven months she is ready for mutual consent divorce and send proposal to me that she don’t want anything from me except divorce and she is ready to withdraw all allegations against me.
Earlier also she has entered and notary MOU with me that she don’t want alimony, maintenance or any right, share, interest or title in my property present and future.
Suppose we together file application for mutual consent divorce and get converted present petition into mutual consent. Afterward I, withdraw my consent, in this situation can my wife reopen earlier case or she has to file new petition for divorce? Will she succeed, because if I am giving her mutual consent divorce than she don’t want anything, but if I am not giving mutual consent divorce than she is filling false allegations and demanding money. I want to bring this before the Court, and want to punish her so that in future she do not spoil life of any other male person.
Anonymous
08 March 2011 at 16:13
Will Married daughter have equal rights on father self earned property?
I am from Madurai, Taminadu hindu family and my father had got some property in his name and I had one sister she got married before 1989 and got 2 kids.
My father has not written any will. however he has transferred some of the property (agricultuare land) into my name. I have got the katha in my name. some of agriculture land is left in his name.
My question is whether my sister has rights on my father self earned property since she has got married before 89.
Anonymous
08 March 2011 at 13:57
Critising via purshis on courts decisions or expressinging agony ..is it contempt?
Husband is defending his divorce case of cruelty, since last 2.8 years!
Judges are also changed in whole period.
New judge is simply harrassing me. He looks biased and prejudiced. He is using his discretionary powers only to contradict all my averments and blasts on every hearing, and does not allow me to even narrate delaying tactics by wife's lawyer.
They are all joined hands. And now started cribbing that I am still not giving up and not ready to buckle.
I WANT TO OPENLY AND ON RECORD ASK HIM WHY PREJUDICED TRETMENT IS BEING MET TO ME with all examples in six months.
Is it contempt of court to ask or state your feelings via a 'purshis'?
Judge only teaches me rules (to which he contradicts himself on subsequent date.)
Since last six months, other party is dragging the matter, and postponing 'framing of issue'
Other party produced some docs for endorsement, it was set for 'other side to say'. But no copy was given to me.
When I raised this issue in writing an application, judge pressurised me to suppress and withdraw it and
Judge said to me that 'Court decides whether to give copy to other party or not! You no longer have any adv and hence you don't know rules'
Is this correct? then what is the 'service of the process'?
Then when other party gets chance to raise preliminary objections?
Judge simply ignored 'opposite party's acts of filing things behind my back and also not giving a copy of it' , and judge went on to take their side.
There are atleast 5 instances of such incidents.
Before filign 'trasfer petition' I want to file purshis to the same judge as to express my views politely.
I know imputation on judge for 'tranfer petition' boomrangs. That's wh I would prefer to raise my agony and dipleasure with court politely and and midest possible language.
But doing so, is it a contempt of court or dictating the court about his discretionary decisions and orders?
raskin
08 March 2011 at 13:29
what is the min and max time for devorce case under chistian maggiage act in family court
Anonymous
08 March 2011 at 13:05
Thank you very much for all honourable experts for answering my query. I would be grateful to you if you clarify the following:
As a learned man, I am ready to support my child but not for the wife since she is richer than me. Also she may get a family share of property since her parents have two daughters only. I dont have any property and earning this amount only for the last two years. Before that, my income was only Rs10000 p.m.(As I mentioned earlier, my present salary is Rs 60000 p.m and she claims she is getting only Rs 10000 p.m as a fee for consultation .She is a C>A and I know she is getting a salary of nearly Rs50000 p.m. which I could not have any evidence for it with me)
My job is purely private in teaching profession and in future, the institution may send me out or I may resign and join in another institue with a different salary. If the employers get more candidates, they may bargain for a less salary. Will this type of uncertainity or fluctuations in the job be taken into account during proceedings or will the maintainance order will be based on the present salary only? Is there any maximum litation of maintainance amount to be paid in India? Please help me to move accordingly.
Adv Amit Kulkarni
08 March 2011 at 10:55
Kuljit Kaur v. Harjit Singh 1989(2)HLR 72
please provide me the above mentioned citation.
Anonymous
08 March 2011 at 08:54
Ld Counsels,
Husband as file a memo for the withdrwal of petition filed for restitution of conjugal rights. An annulment OP was also field by the husband.
After this wife is filing an IA in the OP for restitution of conjugal rights to declare marriage as null and void based on submission in the OP for restitution of conjugal rights.
is this IA matainable after the husband pleaded the court for the withdrwal of RCR petition. When the husband himself is not pressing for the restituion will the court admit the IA filed on the petition which the husband is willing to withdraw. Whatever submissions made in the OP for RCR will stand withdrwan irrespective of the IA.
Courts can only decide on the cost aspect of the suit if the suit is withdrawn by the petitioner. Can court allow an IA based on the submissions or admision which the petitioner is willing to withdraw.
Please clarify.
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RE:HUSBAND MISSING SINCE LAST 2MONTHS
Dear Experts
My husband has left house with any information and my husband has not even spoken to me in last 2 months even via phone,my inlaws have conveyed there intentions in family meeting that they want seperation only and husband has filed complaint against me with SHO,cc ACP,DCP stating that i have tried committing suicide many times and may register false and frivilous cases against him and his parents ,now should i sit silent in case i dnt want to fight cases in court or it is necessary to take some action to safegaurd myself.Will this complaint which he has filed have any negative impact on me???
and also suggest is it necessary for me to appear in court where he has filed divorce,is divorce granted on petition of 1 party even other party doesnt attend court.Moreover,if i dont attend court where he has filed the divorce case ,what will court decide...will there be some warrant issued for me or will case be decided ex parte,what can be granted in exparte ???Is it divorce or can he claim something from me .
I know that he is under pressure and will spoil my life and his own because of what his parents,is there any law through which i can stop my inlaws from interefering and both of u can stay happily ,what should i do if i want to talk to him once ...is there some way out ...my inlaws have clearly said that her will meet us now in court only but i dnt want to do court...should i register the case with woman cell or will silence help in bringing him back....please help...i dnt want seperation