Ajjay
22 April 2010 at 18:29
Dear Sirs
I have a friend who got married when he was 20years & 8months old & the girl was 17years Old in Mumbai with all Hindu rituals.
But since he was studying, the Girl stayed at her parents house. after 5 years the girl use to come to his house for a day or two during festivals like diwali, holi, and again go back to her parents house.
After 9years of marriage, the girl was brought to the boys house officially,
But within a month's time the Boy realised that they are incompatible.
He spoke to his parents and started sleeping separately, The girl spoke to her parents and they took the girl to their house. and approached their SAMAJ for the resolution.
Since the Boy was certain of his decision so the SAMAJ said "Since at the time of marriage both had not attained the legal age of marriage, their marriage is legally not valid, so they cannot seek legal divorce"
Then the SAMAJ had asked both the parties to sign an MOU in presence of the entire Samaj for Separation, which they called it as Divorce as their Samaj was registered.
The issue was over and after the MOU was signed, Both the families didnt interfere in each others life.
It has been 9years now, and the Boy wants to get married again, but wherever he mentions that MOU thing people stay away because of this confusing facts.
NOW THE QUESTIONS ARE
1. WAS THE MARRIAGE LEGAL, SINCE BOTH OF THEM HAD NOT ATTAINED THE LEGAL AGE OF MARRIAGE?
2. IF YES, IS THE THEIR SAMAJ AUTHORISE TO GIVE SUCH DIVORCE?
3. ITS BEEN 9YEARS TO THIS MOU, WHAT IS THE WAY OUT FOR THE BOY TO CLEAR HIM LEGALLY SO THAT HE CAN MARRY AGAIN.
Anonymous
22 April 2010 at 13:43
Dear Experts, Please let me know What is meant by Civil Misc Petition FOR ADMISSION in HC?
Anonymous
22 April 2010 at 10:15
Hi all
Decree of divorce granted by the Court on a petition filed by the husband. Decree also confirmed by the High Court.Now the person wants to remarry.Queries:
1. How long will he have to wait until he can get married.?
2.In the meantime SLP before the SC also filed which is yet to be heard. Whether now marriage can be proceeded with after the SLP is being registered and yet to be heard??
3. Is there any right to appeal before the Supreme Court under the Hindu Marriage Act , 1955 ?
Please note that both the parties are Hindu. Thanks in advance.
Member (Account Deleted)
21 April 2010 at 19:33
what is the true test/s to distinguish between a self-acquired/earned property & an ancestral property ?
if a widower gets a property of her husband by way of a will & now she intends to gift the same in toto to her daughter-in-law, can she do so, since there is no rival claimant of the widow? kindly also, tell me if there had been such a claimant had it made any difference ?
Anonymous
21 April 2010 at 18:05
Sir,
If will is written by testor without the knowledge of her son in favour of her daughter leaving her son out of the will, not mentioning in the will, even though testator has lived with the son till her last breath. The entire life time of testator daughter and son-in-law tortured and abused and there relation between the testator and , daughter and son-in-law is strained still they hold a will.
Can his son claim the property by filing a partition suit.
What are the conditions valid for suspicious circumstances surrounding the will.
Please advise
Thanking you,
M.S.
Srinivas
21 April 2010 at 17:16
Hi,
This is srini we are 4 brothers.My father was doing the business and due to his ill health he is taking rest now.
He earned some money during his tenure in business and made some investment in the firm with the partners and he kept my elder brother as a Partner in that firm.
My brother was went to his own job in some company and his partnership was continued.
Due course after some years the managing partners of the firm put the IP and my father was planned to acuire complete ownership by clearing all the dues which are with the Bank Loan and with some customers.
my father was put his money in that and cleared all dues and Bank Loan too.Even me and my other 2 brothers also put our fixed deposits money in that to clear the dues and bank loan.
After clearing every thing, my brother took all the documents related to the firm and he is keeping with him.
During the clearance time , my father told to my elder brother that the firm property should be equally shared among all 4 brothers.
Now my elder brother is not ready to the divide it equally and he is enjoying all the benefits.Now he has given the firm for lease and the leased amount also he has taken.Every month rent also he is taking.
How to file a suit againt my brother for equally dividing the property?What is the procedure we need to follow on this.
Till now my father did not made any will on all his properties which are under the name of my brothers too.
Can my father make a will now with out registration and How we can file a suit against my brother?
Srini
Manohar
21 April 2010 at 16:43
Hi,
I am happy to take help from a pool of experts.
I need a little clarification related to succession certificate.
My father was an APSRTC conductor in Hyderabad and passed away few months back.
He has not updated nominee details with RTC in the nomination forms. But they have our family members details available with them.
(as we used to get medical claims, and RTC passes for tours)
(There are no legal issues of any sort related to family members)
On Family members certificate issued in MRO office, we received PF, graturity and other claims.
But they have one more FUND (SBT , may be specific to APSRTC), for that in obsence of nominee details they need succesion certificate
(because of their by pass law).
In normal cases the claim amount will be around 1.1 lakh Rs/-.
But as my fater has taken a loan of 70,000(out standing) we may receive around 40,000 RS/-
In the succession certificate should we mention 1.1 lakh (as that is the claim amount) or 40k as we are receiving only that much?
If we have to mention 1.1 lakh then we may need to file in heigher court.
Thank you for ur help.
Regards,
Manohar
Anonymous
21 April 2010 at 13:37
Dear Experts, Please let me know the Episode Involved after Wife Files False Complaint u/s498A , what happens to the Husband & Family if they are not Interested in Anticipatory Bail? What are the Episodes involved in such a scenario if someone is ready to face it Boldly without shying away from arrests(I want to know what happens in the PS and their after?
siddhartha pydipati
21 April 2010 at 13:26
i heard that when a couple adopt a child,they get complete right over the custody of the said child only after six months of adoption.explain.
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