Anonymous
27 March 2010 at 12:26
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what would be the fate of wifes Maintenance as that was an counter affidavit to divorce case, now that main suit is withdrawn what next to counter u/s 24HMA?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
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
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.
Anonymous
26 March 2010 at 18:20
I had applied for divorce (OP Case) in Feb'08
My ex-wife filed interim application u/s. 125 crpc in the same OP case in Mar'08
Interim maintenance ordered in m/o. June'08 by the hon'ble court.
meanwhile she had applied for final maintenance case (MC case) u/s. 125 crpc in the m/o. April'08.
final maintenance ordered in the m/o. Dec'08.
divorce granted in the m/o. August'09.
i had paid interim maintenance from june'08 to august'09 as per hon'ble court order.
now my ex-wife filed MP case and asking final maintenance from April' 08 (date of application) as per hon'ble court order.
in this MP case they have not deducted interim maintenance (which i have paid) amount.
they are saying that interim maintenance in OP case is difference from Final maintenance in MC case.
My Question is whether i have to pay the entire final maintenance amount whitout deducting the interim maintenance amount or is there any legal chance to deduct the interim maintenance amount from the final maintenance arrears.
is Interim maintenance in OP case difference from Final maintenance case.
if there is chance to deduct interim maintenance amount in OP case from final maintenance amount in MC case, pl advice me what can i do and whom do i apporach.
kindly advice me in detailed descrption and with judgements if there are any.
Brahmam
M Satyanarayana
26 March 2010 at 17:40
Sir,
My mother purchased a house belonging to her son-in-law after passing through two people over the ownership my sister and son-in-law still remaining on the property. Now my brother-in-law and sister wants to alienate me from my mother's property through a forged and fabricated will. The lower court gave decision in favour of my sister-in-law on mutation of the property without verifying the will. My counsel has also failed to bring out the true facts of the case. Now the case is with High court. I want to know on what grounds can my sister claim the property.
Please clarify if the will is valid on the following grounds.
1) Mother property purchase through joint family income in the Will daughter has mentioned She bequeathed the property because the property belongs to her husband ancestral property.
2)Mother's only half thumb impression is visible on the will
3) There is no signture of the mother on the 2nd but there is signature of two witnesses one of the witness being the Daughter's huband. Is it valid.
4) There is no mention of son and father.
5) The notarised will is done with blacklisted advocate
6)Through out the period from the purchase of the property till the filing of the suit the relations between the mother, daughter, son-in-law and son is strained. Is it possible a Will created under such circumstances is valid.
Son-in-law is attempting to knock off the property through two ways either through the Forged Will or through the Ancestral property that has changed transfer from 3 people to the present owner i.e. mother.
Question :
In the above circumstances a partition suit filed by the son is tenable in the court of law.
What are the remedies or legal action has to be taken to defend the Will and and Claim of ancestral property. Mother in question is holding clear title for the last 31 Years. Now my mother is dead intestate and they brough forged will.
Kindly enlightenment on the above facts I will be grateful to you.
Thanking you,
Yours faithfully,
M.ST
Anonymous
26 March 2010 at 15:28
Hi,
MY Wife went her mothers house and since last 1 yr she has refused to come as a result she has applied for dissolution of Muslim marriage act and she has mentioned all false allegations on me.
IAM FROM MUMBAI AND SHE HAS FILED DIVORCE CASE IN U.P
MY QUESTION IS WHETHER CAN THE CASE BE TRANSFERRED TO MUMBAI TO CONTEST AS THE ALLEGATIONS WHICH SHE FALSELY CLAIMED MUST BE CLARIFIED ONLY AT MUMBAI BECAUSE AS PER HER ALLEGATIONS THE WITNESSES WILL ONLY BE AVAILABLE IN MUMBAI ONLY IN FORM OF NEIGHBOURS
MY NIKAH TOOK PLACE IN UP AND RECEPTION IN MUMBAI.
rahul
26 March 2010 at 13:19
I was staying as a P.G. with a family (one girl and her parents were my landlords )
I stayed 2 years with them in one seprate room .after some time her friend who is almost 55yrs old started blackmailing me by saying me that they will file up a case against me,she don’t have pure relationship with her friend as at his friend’s home his wife has doubt on thr relation. I want to finish this as my father is a heart patient he took some photos in matamandir in which three of us were shown.her parents were not in the picture.he did some mails and messages from my id and my mobile to her mobile and mail id.
After that they started blackmailing me with those photos then after one month they called me from my home and prepared a drama they gave me something in tea her uncle organize aryasamaj mandir marriage and took signs and thumb impression of me on many papers.he was only witness in the drama other witness was not there he is not in photos that was a fake id a fake signatures .no one knows at her friend’s home that he was only witness in that mandir drama.the girl and her family afraid from her friend’s family
They are continuously blackmailing me now for money and for staying us together
This happened in last july 2009 and from before drama in july I m doing a reglar course at my home which is 200kms away from her.i didn’t pass a single night with her from the day of drama .i never did sex with her but she is now putting allegation on me I am sure tht she is still virgin.I am not in contact with her from last 6 months but she is blackmailing my father continuously and usually says tht she will complain or fileup a case against us
My parents checked before 15 days that she got registerd our marriage I don’t know how bcoz I never come before any judge or marriage registrar I didn’t see that papers of registration and aryasamaj mandir and photos also
Sir I kindly request you to please suggest me tht wht should I do exactly.
Thanx for give attention on my case I got your id from internet.
Please suggest me I am really in trouble I am waiting for your ideas and solutions
Please suggest Thank you
M Satyanarayana
26 March 2010 at 10:51
Sir,
I am having sister who got married long back in 1968 to my brother-in-law. At that time my brother-in-law owned their ancestor property. Due to bad habits and drinking my brother-in-law mortgage to a person A and the same person sold it B and B sold the same property to C. Due to financial problems my mother considering the SON-IN-LAW Position purchased the land from C. Through out this transfer my brother-in-law was permitted by subsequent owners to stay on the small portion of land. After my mother purchase my brother-in-law occupied the property. In the meanwhile my mother died intestate. I filed partition suit in the court. My brother-in-law claim the entire property as his ancestors property by virtue of bogus will and ancestral property bequeath the property mentioned in the will. Due to wrong counsel and connivance of our counsel we could not highlight the bogus will. Now the case is pending with High court.
My question is :
Is it right to mention ancestral property in the will by my sister (Brother-in-law)claiming the whole property. If that be case then why will is executed and bequeathed by my sister and not brother-in-law. He would have got it from their ancestors. What is validity of the will in the circumstances. How is the ancestors property reclaimed what is the condition.
After so many sale transaction of the land changing of ownership my sister (brother-in-law) can claim the property even after such transfer of property.
Can my sister claim the benefits of the will as well as the benefit of the Ancestral property of her husband (my brother-in-law)
Further I do have that the will in question is fake and fabricate and produced the evidence in the high court.
Please clarify whether my claim my mother's property. How can the court decide my claim in context of the will. I am being left out of the will.
I will be grateful for your kind advice.
Thanking you Sir,
Yours faithfully.
M.ST.
Anonymous
25 March 2010 at 22:31
Respected sir/madam,
my son has filed a case of custody and he has to under for evidences and cross examine. He is hardly 10th pass and having a speach problem. Some times may may not understand the question asked by the cross edxaminer in english and secondly he gets penic also .Kindly sugest
what is to be done in that caase and how I can prepare him for that in very short time. And also tell me some important points or questiuons can be asked during cross. I will be very thanksfull to you for the help....
Thanks
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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