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Anonymous   28 March 2010 at 11:08

Child Custody

Dear Sir,
I have a child of age 3 yrs. My in laws took my wife and my daughter 3 months back showing me a search warrant, as only since 5 days from 3 months back my kid was with me for a holidays!
Now since that time they didn't let me to talk or to see or to meet my kid. I didn't have any marriage certificate nor married according to Hindu marriage process(Like phere and akshada and mangalashtake). Can i say that my child is illegitimate and ask for her custody? As i consulted few lawyers in Pune and they told me that I can say that i am not married with my wife and only we had live in relations.
In the past one case is pending against me in the court (Since last 3-4 years bur not a single proceeding till date). will it affect on to get the custody of my child to me? Please help me. They all people are totally uneducated and will spoil my kid's future. If any case study like this is available please send it to me!


Thanks and looking forward for your response at the earliest!

Anonymous   28 March 2010 at 09:37

Filing of a Counter Affidavit Doubts?

Dear Experts, I Want to understand the following doubts:

1.Can A counter Affidavit be filed as soon as the respondent receive the summons, without having to waiting for the First Hearing date?

2.If a favorable decree holder expect an appeal or revision to the Lower Court Decree at Higher Court in Civil Cases, Is their any way for decree holder to file a Quash or Stay petition in advance(in anticipation) at higher Court?

Yamalapalli Haribob   27 March 2010 at 19:34

125 cr.p.c

whether c.p.c will applicable to 125 cr.p.c.please give judgements on this aspect. please

Yamalapalli Haribob   27 March 2010 at 19:33

125 cr.p.c

whether c.p.c will applicable to 125 cr.p.c.please give judgements on this aspect. please

Solace   27 March 2010 at 18:47

Devadasi

Dear Experts,
Who is devadasi?The legal status about the paternity of children born to devadasi?

Anonymous   27 March 2010 at 18:02

Query on Case(Suit) Technicalities or procedural question!

Que.1.Their was 6+ yrs desertion between wife and husband , Husband filed Suit for Divorce and wife filed counter affidavit and ask for maintenance u/s24 of HMA, 3 hearings have expired and now Husband want to withdraw the case without out any settlement in such a scenario what would be the fate of wifes Maintenance as that was an counter affidavit to divorce case, now that main suit is withdrawn what next to counter u/s 24HMA?

Deepak   27 March 2010 at 13:34

Case laws on adultery

Dear Sir,

I am practicing under lawyer and i need some case law on divorce on grounds of adultery by wife.

if some body have case laws with citation so please send me a feed back

Anonymous   27 March 2010 at 12:26

Query on Case(Suit) Technicalities or procedural question!

Que.1.Their was 6+ yrs desertion between wife and husband , Husband filed Suit for Divorce and wife filed counter affidavit and ask for maintenance u/s24 of HMA, 3 hearings have expired and now Husband want to withdraw the case without out any settlement in such a scenario what would be the fate of wifes Maintenance as that was an counter affidavit to divorce case, now that main suit is withdrawn what next to counter u/s 24HMA?

Anonymous   27 March 2010 at 11:15

Suggestion Needed

I married her in 2001, and have a 7 yr old son. She has been in UK for the past 3 years with her BF and has given the custody of my son to me. I do not have any contacts with her now as she does not reply to my emails and i do not have her contact number to speak to her. We sent a notice to her local residence where her parents stay.So that if they get the notice and accept, the case can be closed on Ex-Parte. Her parents did not accept the first notice and returned it back saying that "she is not in india". We sent a second notice and they have accepted it with her mother's signature. The third notice has gone and they are yet to accept it. Based on the above, have a few questions, would appreciate, if you could help me on the same.

1) The notice has to be signed and recieved by her and not her parents. hence in the first attempt, since it was mentioned that she is not india, it is complicating the case. As she is abroad, do i need to send the notice to her UK address (which i do not know) for the proceeding as per ex-parte ?

2) The next attempt, when her mom has accepted with her name on it, is it valid as it is not accepted by my ex-wife. Is it required that only she should accept the notice always and not her parents ?

3) An alternate option available is to excercise a Order 5 Rule 20 C.P.C divorce for substituted service through newspaper publication. Can this work as the same has been accepted once by her parents ? If yes, how long will i get the decree after the date of hearing mentioned in the publication.

M. Sahul Hameed   26 March 2010 at 20:23

Hindu marriage Act

How to prove impotency of the women in cases under section 12(1) of Hindu Marriage Act

when the marriage not consumated what is the procedure to get a divorce.

when the respondent fail to get into the witness box court can draw adverse inference against her regarding impotency.