Anonymous
07 January 2011 at 20:42
when a girl married in a town in bihar comes back to her parents in UP 50 to 60 days after marriage due to mental torture and indecent/obscene demands from in-laws and husband and not feeding food or snatching away the food at the time of meals, now doesnot wat to return back to her marital life. Father has emptied all his savings and paid up as dowry. he has made one bank transfer to the grooms's parents and the rest has been through cash withdrawals from the ATM.
1. what are the legal options and procedures available for the girl and her father? please advise.
2. Can her dowry amounts in some form be termed as Stridhan?
3. Can the father give a declaration that all monies/jewellery/other valuables & gifts that he had given to the groom's parents was for the duaghter's independence and comfirts in the marital house?
4. Do they need to now register an FIR in the local jurisdictional limits in Bihar in person or can they send it by post?
5. Can they report domestic voilence through some local protection officer to the local magistrate?
please advise the right procedure and steps.
I feel very sad for this young girl and would like to help her as much as possible.
anish
07 January 2011 at 20:18
My father expired ten years back leaving behind a WILL in which i was executor and major beneficiary. Younger brother was restrained from his estate due to his agonising and vagabond behaviour with father. Younger brother had shown no objection to WILL at that time and confirmed same in writing in his letter addressed to me. Probate was not taken because property of father was not in metropolitan city. WILL was later registered after father’s death and on that basis property was transferred in my favour as per wishes of father expressed in his WILL. Brother did not object to this transfer too. Now after a span of so many years he is claiming that WILL is bogus and forged and wants to challenge it with malafide intention to extract money. I think he cannot win due to foll reasons:
1)Witnesses have testified in front of registrar that my father had signed in his presence and they would do so in court too. This is main evidence.
2) He was aware of WILL since nine years so limitation law is applicable to challenge the same.
3) Though WILL is genuine assuming for the sake of hypothecation that even if WILL is forged as per his allegation he has accepted it years back and accordingly i have acted as executor. So by estoppels he cannot go back from his words and claim WILL to be bogus.
Please advice if above contentions are correct or not and what measures are needed in my case.
dec17
07 January 2011 at 16:31
sir i married nri he left away with in22 days by promising he will send visa papers
later lot of harrasemnt in mother in laws house i said many times to my husband in mails regarding harrasemnt he wantedly sent two times visa papers wrong due to this harrasement i along with my parents shifted to hyderabad isaid to my husband and mother in law aslo
by taking advantage of that my husband filed divorce under sec14 with in 8 months of marraige on the grounds that my self left away the house without intimation and consumation of marraige was not done and took expartee divorce
this was not known to me i still waiting to secure my my marraige life and waited that my husabnd will send visa papers i dont know even when he came to india and filed divorce also . after one and a half a year i filed 498a .
recently icame to know that he obtained expartee divorce when i went to old neighbours house by filing condone delay and now main o.p was restored
i cam eto know that my husband married another girl is second marraige valid
in this case and the divorce petition filed on first wife by him will be dismissed also is the second marraige valid
Anonymous
07 January 2011 at 15:58
MOST URGENT EXPERT ADVISE IS REQUIRED
Please advise what to do if wife is away at parents house for 9 months and is not agreeing to return withour fulfillment of her undue demands and not ready for divorce also.
1.-Pre-litigation Mediation
(If i go for this and they do not come then will it have any positive impact on
my filing divorce case or not)
What action is expected from them after this ?
What precautions needs to be taken by me ?
2.-RCR (Restitution of Conjugal Rights)
(Will it have any benefit to curtail maintenance claim by her ?)
What action is expected from them after this ?
What precautions needs to be taken by me ?
3.-Divorce on Cruelty.
(She got abortion done without my consent, said that she loves her ex more than me, she slapped me, she braked bottles from the bar etc., stopped preparing food, talking, physical relations a number of times -all this and other incidences are communicated on mail)
What action is expected from them after this ?
What precautions needs to be taken by me ?
NO DOWRY HAS BEEN TAKEN IN ANY FORM AND IT IS GIVEN BY THE GIRL IN AFFIDAVIT
HUSBAND WAS SPENDING ON ALL THE EXPENSES HE HAS ALL THE PROOFS AND SHE WAS HOUSEWIFE
WIFE HAS 20 LAC IN HER DEPOSITS (TAKEN AS LIFE TIME MAINTENANCE/ALIMONY FROM FIRST HUSBAND) AND MONTHLY SALARY OF AROUND 20,000/-
NET TAKE HOME SALRY OF HUSBAND IS AROUND 75,000/- PER MONTH
HUSBAND HAS MADE ALL EFFORTS FOR RE-CONCILATION THROUGH PERSONAL VISIT TO THEIR HOUSE, TALKING TO HER PARENTS,RELATIVES, PHONE,SMS,EMAIL ETC.BUT OF NO USE.
HUSBAND IS READY TO TAKE HER BACK AND READY TO GIVE MANY THINGS IN WRITING FOR FINANCIAL SECURITY ETC.
HUSBAND HAS REQUESTED FOR MEDIATION BUT SHE IS NOT READY FOR THAT AND WANTS ARE UNDUE DEMANDS BE MET FIRST ELSE SHE WILL NEITHER RETURN NOT GIVE DIVORCE.
PLEASE ADVISE WHAT TO DO.
Anonymous
07 January 2011 at 15:41
I HAVE A CASE REGARDING INHERITANCE IN ADOPTION, PLEASE ADVISE ME WHAT BEST CAN BE DONE IN THIS CASE.
Mr A, natural son of Mr C was adopted by Mr S (younger brother of Mr C and at the time of adoption Mr A was 23 years old and was also married)
Mr S made a WILL where all his movable and immovable properties were to be formed as trusts and are to be used for charitable activities.
Since now Mr A being adopted son of Mr S has automatically lost all his succession rights on his natural father Mr C's properties.
And he is also now legally not entitled to get any inheritance from Mr S according to his WILL.
CAN YOU PLEASE SUGGEST ME AS TO HOW THIS WILL CAN BE CHALLENGED, OR IS THERE ANY OTHER MEANS THROUGH WHICH THIS CASE CAN BE SOLVED AS BOTH ADOPTION DEED AS WELL AS WILL ARE REGISTERED.
Anonymous
07 January 2011 at 12:57
Whether both husband and wife have to go together to file divorce under section 23B or anyone can file it taking the papers signed by both husband and wife ?
jaya
07 January 2011 at 10:58
Sir need council for to defend crpc 125 in ongole andhrapradesh family court. Please contact 9493523969
jaya
07 January 2011 at 10:56
Sir need council for to defend crpc 125 in ongole andhrapradesh family court. Please contact 9493523969
Anonymous
06 January 2011 at 22:41
I had filed for divorce with husband due to incompatability but I was asked to mention as dowry torture in the petition by my lawyer. Now my husband does not agree for divorce in mediation and cites all the lies and says he would prove me in court. I had indeed lied but due to desperation I did it.. Now what should I do to get a divorce and get back my stuff from him.
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crpc 125 interium can be grant?
sirs,rcr filed by me with two notices given.and she replied one of the notice with defence like dowry.she playing foul play regarding to petition notices without taking my notices cause of door lock for the same address which i sent notices.counter blast of rcr she filed for crpc 125.conciliation process held but failed.cause she is imposing like seperate family..etc.but i rejected for seperate family.asked for joint family.
1)in these circumstanceslike"I FILED BEFORE FOR RCR &SHE IS IMPOSING SOME CONDITIONS IN CONCILIATION&foul play with notices".is it good for the court to pass the intereum order before closing trail?
2)is there possible to defend the interium order?