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ksvrajuadv   23 December 2010 at 20:34

application u/s 27 HMA 1955

Hi Experts,
In my one of cases,I appeared for respondent(wife) of RCR u/s 9 HMA 1955.can wife claim dowry articles like car & golden jewelary by filing application u/s 27 of HMA.has JMIC(senior Division) power to entertain this application? Car was given on Shagun before one day of marriage.
Thanks in Advance

ankit   23 December 2010 at 18:45

muslim law:- impact of wills on personal laws

Impact of wills on personal laws is my project topic pls help me to elobrate and give some good material for presentation.

like:-
1. when and why was it permitted?
2. To what extent?
3. Can a muslim will away his/her property?
4. Are wills being used to deprived legitimate heirs of their property?

and about all important things on the topic.

thankyou
my regards
Ankit kumar Nema
BBA LLB,IInd year

Anonymous   23 December 2010 at 17:37

If my husband and lawyer is absent on hearing

I have filed a case of section 125 crpc against my husband, as he have thrown me out from his house and is not ready to accept me back. Next week i have the first hearing of 125 maintenance case.
But from my husband's relatives i came to know that he is not coming to my city for hearing and neither he have appointed a lawyer.
So on the dated hearing day, if nobody comes to court ,and no information. Then what will i do ???

1)If my husband keep missing his hearing dates ,and no lawyers come on hearing from his side , then how will the case proceed ??? And can my husband do such things repeatedly ???

2) How many chance can court give him this way, when he and his lawyer is absent, nobody comes to court from their side.

3) And in such situation how does court react ???? Can i get intermim maintenance even if he or his lawyer doesn't appear in court and doesn't inform anything ???

4) what is ex-parte decision ??? Can court order for an ex-parte maintenance ???

Anonymous   23 December 2010 at 17:35

Marriage

My friends wife is not ready to live with him. At the same time she is not ready for divorce.
She is torturing him like anything...She already file case against them(506a). it is pending.


We are planning to ask him to get married with another girl without any evidence.

My question is , if he stays with her(newly married lady), will there any problem? we are planning to tell she is staying with them to take care of her old mother.

Pz let me know you suggestions.

Anonymous   23 December 2010 at 09:46

STRANGE SILENCE AND NEGLIGENCE

I am really astonished and agonised to observe that all experts and lawyers actively interacting through the lawyersclubindia web site keeping mum over two important aspects.
I have been observing that whenever new topics/objections are raised on payment of huge amounts as maintanance to the erring wife, punishment to the erring wife, whimsical behaviours of the Family Court Judges (who have always been pro-women and against the innocent husbands)etc they are left unanswered/vaguely answered/ignored.
Some of the MOST INTELLIGENT ADVOCATES AND EXPERTS act like saddists with ironical and sarcastic replies.
There are also experts and lawyers who want to make their presence felt by just positng replies like "same as abovve", " I too agree", " I support....." etc.
WHAT A RIDICULOUS AND TRAGIC HAPPENING INDEED?
Now I am sure that because of such Experts and Lawyers(most of the the time liers) that a burning problem is growing like congress grass. A pitiable situation really.

Anonymous   23 December 2010 at 08:11

recovery of assests made in the name of wife under HMA 1955 section 27

under HMA 1955 section 27, how can one make a recovery of assests made in the name of his wife, like property, jewellary and movable items. wife decamped with all the things making use of husbands absence.

amrit   22 December 2010 at 19:57

125 crpc

is there any SC ruling on quantum of maintenance, which counts liabilities of the husband while slapping maintenance?

Anonymous   22 December 2010 at 16:34

divorce

We have been married for 7 years and have a son of 6 years old. Due to incompatibility we are unable to live together. We had a lot of quarrel/fight. After marriage we were staying together at a rental house. We had a fight.I went out of the house. she is working. she got job in other city and went there went there. since then she is staying at madras. i got new job and went to other place. since then she is not ready to come to my place. so I used to send mails either to join me or give divorce. she was not ready do to any of the above. i was suffering loneliness, depression, stress etc..so i sent a mail to her if she was not ready to take any decision, i would resign the job and go somewhere. So she filed case @ cyber crime saying that i am torturing thru mails. So police arrested me and i lost my job.police didn't produce me in the court. after compromise , i stayed with he for few months.she didn't treat me well. so we had a fight and i left the house. then i tried for job and got it.
then We had a discussion and ended in big fight. like this few years went. she was not ready to either give divorce or stay together. She told me that if i want , i can go and stay with her. but she wont come and stay with me. we were not in touch for more than a years. then i started talking to her, but she was not ready to talk. after several attempts , we had a discussion.then i started going to her place every/alternate week end for few months. The problem here was ...i was suffering from stress , depression, insomnia etc...even i got admitted to hospital and took a treatment for a month.

She was not ready to understand anything. she simply said i can not come and stay with you and the reason she said was i wouldn't take care of her.big story..she used to treat me as servant. I can not ask her anything.If i ask he anything,then big fight.for small things....she used to fight with me, if i didn't listen to her. she used to insult me..and abused me like mental, useless etc... She used to tell everyone that i am not normal. one day when we had a heated arguments , she pushed me , and fell down , and my my front tooth was broken. i also manhandled her.

For some reason...she is not ready to take any decision. After some time i got transferred to her place.initially she didn't allow me to stay with her.Then We had a discussion , we started staying together, my mother was also staying with us... After few months again fight ....she asked us to vacate the house..We refused ..so she went and filed a 506 a case against me and my mother.


now we are not staying together.my question is how to handle this situation. i want to lead a peaceful life...but she is not ready to take any decision. Simply blaming me for all the problem.She is happy by telling every one that i am bad.

i am struggling . please help me to come out of this problem. my mother become half mad because of our problem.
Police also advising me not to stay with her. Because she might put me in more trouble.
people saying something is wrong with her behavior. Only god knows what is the truth.
Please guide me.

Saptarshi Paul   22 December 2010 at 15:12

EXECUTION OF WILL IN ABSENCE OF EXECUTOR

Mr X was died on Sept 1989, he had three son & three daughter, he had made one unregistered will drafted by an advocate in july 1989 where bequeathed all his properties 50% to Elder son(son-1) and remaining 50% to his younger unmarried daughter (daughter-3) and he also mentioned that after the marriage of her younger daughter (daughter-3) this 50% share of younger daughter(daughter-3) will transferred to youngest son (Son-3), it was also clearly mentioned that his second Son (Son-2) has no right on property but he had appointed his Second Son (Son-2) as the sole executor of his will and directed him to obtain probate in this regard.
The First Son (Son-1) was also died on Oct 2006, and youngest daughter also married. And Son-2, Son-3 also settled outside State and they have no interest on this property as well as other daughter as they all are financially very sound.

So Now the wife of deceased Son-1 wants to transfer the name of the property which is still in the name of Mr X , in her name.

Kindly guide me what procedure i should follow in this regard, Property is situated in Assam

Regards

Anonymous   22 December 2010 at 15:03

succession

Mr X was died on Sept 1989, he had three son & three daughter, he had made one unregistered will drafted by an advocate in july 1989 where bequeathed all his properties 50% to Elder son(son-1) and remaining 50% to his younger unmarried daughter (daughter-3) and he also mentioned that after the marriage of her younger daughter (daughter-3) this 50% share of younger daughter(daughter-3) will transferred to youngest son (Son-3), it was also clearly mentioned that his second Son (Son-2) has no right on property but he had appointed his Second Son (Son-2) as the sole executor of his will and directed him to obtain probate in this regard.
The First Son (Son-1) was also died on Oct 2006, and youngest daughter also married. And Son-2, Son-3 also settled outside State and they have no interest on this property as well as other daughter as they all are financially very sound.
So Now the wife of deceased Son-1 wants to transfer the name of the property which is still in the name of Mr X , in her name.
Kindly guide me what procedure i should follow in this regard, Property is situated in Assam

Regards