satyadevi
29 October 2010 at 16:59
sir,
I would like to know the meaning of
"Adoption Maintenance"
Anonymous
29 October 2010 at 07:25
honble' sir
i had requested some help on dna test
on 27th &29th oct but both have not been
listed in any of the section.
Can you kindly help for the same
Regards
Anonymous
28 October 2010 at 20:38
Hi,
I need desperate help , this is concern for my minor child.
I have been maried for last 9 years and have a 6 year ld son .I suffered a lot of trauma afetr my marriage with dowry harassement from my inlaws which n turn affected my relationship with my husband as well . I was thrwn out of my inlaws husband by them me and my child when my kid was just 6 mnths old.After waiting for so many years that tehre will be a change in my husband i finally cme to ths conclusion that he was not interested in us . I have filed for divorce i am concerned that to harass me he will try to seek custody of my child as he knows that is my weak point . This man uses abusive language and has a very hot temper , he has physically abused me on many ocassions he does not know how to handle a child as he has never been with him . I am extremely worried.I dont want anything from him except for my kid . i have brought up to be an extremely well behaved kid and he is very soft spoken . he is extremely sensitive .will i win this legal battle of mine for sole custody , i dont know o my rights please guide me .
Anonymous
28 October 2010 at 20:36
Dear Experts,
Husband wants to file divorce but he filed a restitution of conjugal rights before. Is it mandatory to file a formal application before the family court to withdraw the RCR petition.
Or is it fine to make a submission before the judge that the husband withdraws the petition and make an endorsement that he will press for restitution as he has filed a divorce.
Pls clarify.
Anonymous
28 October 2010 at 19:28
Dear Experts, My case is
Us Groom married a Indian Bride as per Hindu ritual on 5 Dec 2009. Marriage registered on 7th December 2009. Bride and the Groom stayed together for a week and the Groom left India for US promissing the Bride that he will start the process of calling the bride to US.
The groom had stopped communication, not responding to e mail/telephones. The parrents of goom also left India immidiately after marriage.
which provisions of the Hindu Marriage Act will help to get Divorce without delay? and ex parte as the groom is not likely to come to India.
period of one year will be completed on 5th November 2010.
Any decided case? Citation that is available
If I proceed for getting the marrige declaired as null and void on the ground of a fraud played upon the bride , will it be a right course of action.
Valuable gudance from the experts is solicitated by a Junior Advocate
Thanks
Anonymous
28 October 2010 at 17:31
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc mentinence case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the running 125 crpc mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.
5)if there is any citation or suprim court rulings pl. provide
6)I have also filed child custdy u/s-26,if there is any citation or suprim court rulings in child custody case(Guardianship and ward) pl. give.
7)she is from other district , can i file perjary case in my district as saparete 340 crpc case ?
8)is 340 crpc counter case applicable in the 125 crpc( as she wanted to heavy mentinence on the basis of that chargesheeted FIR against me)?
Thanking u sir for valuable suggestions.......
Anonymous
28 October 2010 at 15:59
In a matrimonial case u/s 13(1)(i)(a) of the HMA, 1955 i.e. Cruelty filed by wife, if petition contains contradictory statements and reference to the date and time of cruelty is not given, than in such a situation husband is 99% sure that wife is not able to prove allegations (no police NC for dowry u/s 498a of The IPC, and Doctor certificate of Beating, all these are false allegations) and petition will be rejected. Husband don't want divorce? But at the same time he don't want to live with wife.
1] In this case whether wife will be granted divorce or petition will be rejected? Someone has told husband that when petition filed by the wife in that case wife will be granted divorce.
2] After rejection husband is thinking to file petition for Perjury u/s. 211 & 511 of the IPC, and Petition for divorce u/s. u/s 13(1)(i)(a) of the HMA, 1955. Will he succeed?
3] After rejection of petition what is remedy available to the wife?
Anonymous
28 October 2010 at 10:48
Hi
During our marriage, I purchased all gold ornaments for my wife.
After marriage , I purchased few additional gold ornaments for my wife.
Few receipts are on her name and few receipts are on my name.
Now, my wife has took all ornaments and claimimg that she owns them. We are not divorsed.
Please suggest whose ownership the ornaments belongs too.
Anonymous
28 October 2010 at 00:25
Hon. Experts,
Plz suggest any good law book on maintenance/alimony with case laws and illustrations.
Thanks and Regards,
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DNA TEST
HONBLE' SIR
INDEED THANKS TO EVERYONE HAVING TAKEN
PAIN TO RESPOND THE QUERY
INFACT IHAD POSTED MY QUERY BUT IT DID NOT
APPEAR ON THE
LIST QUERY WAS
CAN HONBLE COURT ORDER FOR DNA TEST OF THE
ALLEGED CHILD'S PATERNITY OF THE DECEASED-
PERSON TO SETTLE CLAIMS DEMANDED BY THE
MOTHER ON BEHALF OF THE ALLEGED MINOR
CHILD WHEREAS FULL & FINAL SETTLEMENT HAS TAKEN
PLACE FOR THE CHILD & MOTHER FOR PRESENT PAST & FUTURE
IN THE COURT BY MUTUAL COMPROMISE DEED ALMOST 15 YEARS
BEFORE
CHILD'S PATERNITY WAS DENIED IN THE HONBLE' COURT BY WAY OF APPLICATION/
PETITION & AND REQUEST WAS MADE TO THE HONBLE' COURT FOR ORDERING DNA TEST.
FOR ALMOST THREE YEARS ADJOURNMENTS WERE SOUGHT ON GROUNDS-1 DEFENDANT NOT THERE
2ADVOCATE NOT THERE .HONBLE COURT FIXED TWO TIMES DATES FOR DISCUSSIONS BUT
REMAINED ABSENT FOR THIS SHE WAS FINED TOO . IT APPEARS WHEN PRESSURE BUILT UP
SHE REQUESTED FOR MUTUAL DIVORCE WITHOU TAKING ANY DECISIONON DNA TEST BUT
THE DNA APPLICATION WAS NOT WITHDAWN. NOW FRIEND HAS EXPIRED, SHE HAS SUDDENLY
ON THE SCENE DURING THESE 15-16 YEARS NO CONTACTS .SOLE CUSTODY OF CHILD WITH
MOTHER WITHOUT ANY VISITING RIGHTS
IN AGREEMENT MENTOINED NO CLAIM IN MOVABLE/IMMOVABLE PROPRTY OF PARENTS/DECEASED
RELATIVES/ SHALL BE MADE AT ANY POINT OF TIME.
SINCE THE CHILD'S PATRNITY HAS BEEN DENIED & REQUEST FOR DNA MADE, AGREEMENT WAS
MADE INTHE COURT FOR PRESENT PAST FUTURE FOR THE CHILD ASD WELL BY MOTHER
NOW IT IS THE SAME MOTHER WHO SIGNED HAS COME BACK TO CLAIM FOR CHILD WHOSE
PATERNITY HAS BEEN DENIED
UNDER THESE CIRCUMSTANCES CAN HONBLE' COURT ORDER FOR DNA TEST
KINDLY HELP WITH LATEST ORDER FOR DNA TEST BY HONBLE' COURTS AND
IF SUCH ORDERS WERE THERE THEN WAS IT CHALLENGED IN THE UPPER HONMLE' COURT
ANY DETAILS OF SUCH FIRM ORDER
THAT MEANS ANY LADY HAVING ILLICIT RELATIONSHIP AND GET PREGENANT FROM SOME
WHERE ELSE IN A SITUTATION WHERE NO CONJUGAL RELATIONSHIPS WERE MAINTAINED
BECAUSE OF REVELTION OF EXISTENCE OF ILLICIT RELATIONSHIPS FOR WHICH EVIDENCE
WAS GIVEN & ACCEPTED SAYING FAMILY FRIEND / SOCALLED BROTHER --SHE CAN DO ANY
THING UNDER THE GARB OF MARRIGE LICENCE--UNDER ONE ROOF --WHY SHE WAS NOT HAVIN
DNA TEST--WAS SHE SCARED - ARE THE LAWS ENCOURAGING ADULTRY-HOW YOU CAN PROVE
ADULTRY- SHE IS NOT GOING TO SAY COME AND TAKE THE PHOTO OF THEIR ADULTROUS ACTS
THE ONLY STRONG CICUMSTSCIAL AND ACCEPTED BY HER SHOULD BE ENOUGH
I SHALL BE GREATLY THANKFUL FOR ASSISTING BY THE FRATERNITY OF SAMARITAN ADVOCATES
WITH WARM REGARD AND THANKS IN ADVANCE