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Arvind Singh Chauhan   27 April 2010 at 17:40

EFFECT OF ASSENT FOR SECOND MARRIAGE in 125 Cr.P.C.

One lady due to her infertility assented in plane paper that her husband can perform his second marriage. Later on she was neglected and ill treated by her husband and other family members, due to which she had to left her home and came to her parents. After a long gap she filed application under 125 Cr.P.C.

Sir whether her assent on plane paper may be a hurdle in claiming maintenance?

Anonymous   27 April 2010 at 13:54

registration of marriage

how many witnesses r required during d regisration of marriage??

Anonymous   27 April 2010 at 09:47

Will

Sir,

A will executed by mother is filed in the lower court claiming entire property of brother with a fabricated will. In the particular will the name of the legal heir is left out and not mentioned.

When the same will came for examination and produced in lower court in the cross examination sister claimed that her brother along with mother (testator) and with other members not related to the family were present at the time of execution of will when in fact brother and mother were not present and they were in another city. Further she claimed that her mother before putting the signature insisted that her son should sign the will then only she will sign the will but her sign refused to sign the will and left the place afterwards her mother put the signature on the will in the presence of other witnesses. I am only one son of my mother and legal heir to my mother. The will was created with an intention to grab the entire property

What effect it will produce on my case and what will be my defence. How can I prove my innocence to the will. Can I be able to claim my property at least equal share.

Please advise.

Thanking you,

M.S.


Rajan   27 April 2010 at 07:26

Christian Divorce

We lived only for 45 days in 1999 and then 'she' deserted me. To avoid threat to my life and to my family, I filed the divorce application in 2001 based on the hospital primary evidence of conspired design with mala fide intention of proving distorted names and wrong profession and address of the husband / father of the child she delivered in 34 weeks but fully grown baby.
Based on this I have filed the divorce of 'pregnancy before marriage' and 'unconsumed marriage', however in 2004 she filed for a DNA test as a reply I filed that I am willing to submit to the tests provided she gives divorce and also the court to look into the documentary evidence of name distortion and change of particulars.

After 10 long years, in the open court she accepted that with her other intentions she had distorted the particulars in the hospital documents and she pleaded guilty and the same day, I accepted paternity of the child in writing vide a memo in Nov 2009, that was accepted by the court.

As an after thought, she is insisting for a DNA test inspite of acceptance of the paternity and the court also has passed an order for paternity test inspite of acceptance of the paternity in writing and without checking the primary documentary evidence of the hospital records.

Can you advice me, if the order is correct and can the court order for the test that has been accepted in writing for the sake of the females egoistic attitude.

Since I have accepted the paternity in writing vide a memo, can i seek any relief from the DNA test order

Thanks for your advice

Anonymous   26 April 2010 at 22:30

High Court TRCMP?

My wife has filed for transfer civil misc petition of Divorce suit from One place to her own place u/s 24 of CPC at High court AP, I did not responded to the high court notice nor i appointed any counsel at high court as i cannot afford thus i want to know how time does it take to be disposed either in her favor or get dismissed i.e time frame within which the TRCMP case is decided?

Priyanka mehta   26 April 2010 at 18:55

divorce u/s 13(1) (ia)

can husband file divorce on the basis of extram cruelty against wife if they are residind together in the same house. The house where they are syaying is in his brither's name.

Anonymous   26 April 2010 at 16:44

Will

Sir,

A will executed by mother is filed in the lower court claiming entire property of brother with a fabricated will. In the particular will the name of the legal heir is left out and not mentioned.

When the same will came for examination and produced in lower court in the cross examination sister claimed that her brother along with mother (testator) and with other members not related to the family were present at the time of execution of will when in fact brother and mother were not present and they were in another city. Further she claimed that her mother before putting the signature insisted that her son should sign the will then only she will sign the will but her sign refused to sign the will and left the place afterwards her mother put the signature on the will in the presence of other witnesses. I am only one son of my mother and legal heir to my mother. The will was created with an intention to grab the entire property

What effect it will produce on my case and what will be my defence. How can I prove my innocence to the will. Can I be able to claim my property at least equal share.

Please advise.

Thanking you,

M.S.

yashi   26 April 2010 at 14:21

misuse of 498 A (dowery law) .Pls help !!

What is section 9 in Metrimonial law? Is it helps in against the misuse of 498A (Dowery Law)and prevent the innocent family members of the boy????

Self service   25 April 2010 at 22:06

Can i get divorce on mental cruelity

Hello, I was married in 2002 while working abroad, in 2008 I returned to India. after returning to India wife started taking control financillay and forcing on matters.Later few weeks back she left home with all her belongings and not returning back. I called few times and she is don't respond properly. Her father also joined her and threats for police complaints. I already informed police about incidence and request for consuling. But overall i faced following issues:-
1.We have no kids, she do not want kids and asks to adopt one. She is also digonised for some medical issue, but she don't take medicines and avoid medical tests on time.
2.She is habitual of breaking bangles on wall or throwing away managlsutra.
3.She feel jealous and curse on my job and if any thing new i purchase.
4.She forced me to sell property on joint name and wants to buy on her name only. Also she has taken some money from me for buying property.
5.She left home without consent to unkown place and do not want to talk and reslove issue.
6.She never takes care during sickness and threats to throw medicines, never went to doctor with me and even refuses to drop at hospital.
7. Habitually threats for divorce and her father also threats for police complaints if i tried to contact her.
She is working and keeps all her salary account seperately. Do not spend any thing at home.

Please advice if i can apply divorce on cruelity and what i need to prove all these as we are two only who lived and no one else in family lived with us.
Thanks

Anonymous   25 April 2010 at 22:00

notice u/s 145 CrPC

Our query on 18.4.2010 was:
Notice u/s 145 Cr.P.C. was issued in October by SDM in respect of a residential property. HC subsequently issued a status quo order. Can the SDM ignore the HC order to alter the status of possession of a property bequeathed exclusively to Complainant in the proceedings u/s 145 Cr.P.C. by the deceased owner-testator ?
Probate proceedings are already on before High Court in respect of the registered Will since April. The beneficiary of such property was pushed out by force and under threats to his life .
After making several complaints to the local police, an FIR was registered in September when the goons/tresspassers were arrested. The beneficiary of this property immediately reoccupied this property as the tresspassers were booked, whereafter, the Beneficiary has been living in the said property peacefully for more than a year, now. Proceedings u/s 145 were initiated after the beneficiary reoccupied the property.

Your reply on 19.4.2010 was:
It shall be better to bring all the facts before HC and initiate proceeding under contempt of court against SDM and all relevant persons. SDM has abused his pwoers in the given query

Our further query on 19.4.2010 was:
Order u/s 145(1) is yet to be passed;
The objectors in the Probate proceedings are also praying for sealing of the bequeathed property, though being in peaceful possession since over an year and a half, after re-occupying after booking of the tress-passers, engaged by the objectors !

No reply recd from you so far.
Please answer.
Regards