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Shailendra   17 January 2011 at 16:12

Process Fee - if required - P & SC Proceedings

Dear all,

It is question, perhaps of law, opinions are invited from the members of the forum...

In a Probate and Succession Proceedings, for grant of Succession Certificate, is it required to pay any Process Fee? This question involves consideration of two points:

1. There is/are initially no Respondent/s, (in a typical case) as the legal heirs are the only lawful claimants.

2. Even if there are objections to the issue of Succession Certificate, they will be impleaded as Respondent/s only after the Paper Publication.

Hence, is it required to pay the Process Fee when there are absolutely no Respondent/s?

B Guru Murthy   17 January 2011 at 15:30

citations to setaside my expartee divorce

Dear gurus,

w r to my post on 15th Jan 2011

legal way to meet my wife
link:
http://lawyersclubindia.com/experts/experts_display_list_unresolved.asp?mode=open&offset=14

In this regard, any citations in support to setaside my expartee divorce, for a happy re-union with my wife

please......

rgds
guru

Knowledge Gainer   17 January 2011 at 15:08

Can I go abroad in this situation?

I am facing Matrimonial case u/s. 13 (1) (ia) of the HMA, 1955. The case is almost six months old. Except this case there is no any kind of criminal cases / complaints against me including 498a. The petition contains charges such as demanding dowry and harassment for the same. At present my written statement has been filled and awaiting action from opposite side.

Meantime my application for JOB at abroad has been approved and I have been selected for JOB as Muscat. My Passport is ready. Only medical and visa formalities are pending. The bond is two years. Once I go, I can not come back before two years. I have been offered a good amount of salary there. So I don't want to loose opportunity.

I want to ask that can I go to abroad in this situation? If yes it is necessary to take permission of the court? what if permission is not granted?

Anonymous   17 January 2011 at 14:56

maintenance

can a divorced women ,claim maintenance in civil matrimonial laws .not under 125 cr.pc.please suggest under what section and law she can claim maintenance with any case laws please./

Anonymous   17 January 2011 at 14:44

certificate

Sir,
Wife and in-laws have done following ;
1)In marriage certificate my "resident of" is writen wrong purposefully.In one place I resided for particular time ie. 7 years. But the address changed 4 times. When getting married in the same place I changed to 4th address. There I lived for not more than 4 months. And then shifted to my native place.

My in-laws has putted my 4th address in marriage certificate issued by wakhf board.
The marriage certificate issued by wakhf board is based on "as per marriage record". I think ie. Nikah naama in muslim.
I am not having copy of nikah naama. I do not know what resident of address they have put in my nikah naama. There should be address proof. But I do not have any kind of address proof of that particular place.

They have done this so that while applying for "petion to conjugal rights", from my native place, problem of jurisdiction will arrive.
On which basis Can I apply from my native place?

Also there is no proof that I am resident of one particular place. Even though I resided there for working and studying for less than 7 years.
I do not have Ration card, Voters ID, or Gas connection or any property in that place.
Kindly guide.

with regards

Sharmila   17 January 2011 at 13:58

troublesome hubby


Myself sharmila and 28yrs old, I am married(arranged marriage) from past 1.5 years and my husband doesn't co-operate for having a child, nor he is intrested to have physical relationship with me. The reason he gives is that he
he isn't attracted to me and says that I am not good looking. I think there is some medical problem with him that he can't have phy releationship with me and he refuses to walkin to hospital with me.
Now a days he started threatening me to give divorce now else he will go to court after 2 more years for divorce on grounds that I cannot conceive due to age factor.
Also he asks for a NO objection letter for his second marriage so that he will not divorce me and we stay all together along with his second wife.
Please can you tell me if husbands can take divorce on grounds of wife not able to give child?
I am working and he says that he need not pay any compensation for divorce. Is it true?Will the compensation be decided based on his assets?
I have got medical examination done and I don't havea any problem for conceiving. Please can you suggest me what I can/cannot do legally?

Anonymous   17 January 2011 at 10:16

burden of proof in 125crpc proceedings?

sirs,husband filed for rcr before.instead of attending hearing she filed under 125crpc.my question is on whom burden of proof lies regarding to maintance?

Nagur   17 January 2011 at 08:22

Right over father-in-law's property

Can a divorced daughter-in-law and her girl chold seek any clain over father-in-laws own earned property?

dipankar   16 January 2011 at 20:40

remarriage of wife

dear sir,i am married to a girl,both are hindus,my marriage was done in temple and i have marriage photograph with negative,priest certificate and witness.but now her parents have come to know about are marriage and they are again trying to remarry hir.i have already lodged a case under sec,9 of HMA.BUT they did not apeear in first hearing,and they have taken the case lightly.what can i do to stop her remarriage.

Anonymous   16 January 2011 at 19:32

Notice without Consent

A legal Notice has been served to husband by his Wife's advocate. However, wife consent was not taken by advocate before sending such notice to husband. A)what could be the possible consequences of the same if wife has objected to such notice as to her consent was not taken by advocate. B)What is the procedure required to be follow by advocate for taking client consent to such notice?

Please advise.

Thanks.