Mohameddan Law

In India, In a Sunni hanafi Muslim family,

Whether Orphaned Grandchildren get any share in their grandmothers / Grand fathers property ?

As their Father predeceased his mother...

As per Principle of representation in "Mullah Pricniples of Mohameddan law", they are not entitle for any share ?

Whether muslim law in India is codified or still it is textual / traditional Mohameddan law is followed in Indian Courts ?

Mutual Divorce within one year

Dear Sir, Is it possible to get mutual divorce within one year given the fact that the husband and wife lived together for only 5 days. Can we refer the mutual divorce ordered by Delhi HC for a mraaigage that lasted only 8 months.
Here are the parties.
SH. TARUN KUMAR VAISH Petitioner
VERSUS
MS. MEENAKSHI VAISH

Below is the reasons mentioned for the divorce in the judgement.
"
The other relevant considerations which may be considered for granting the exemption from passage of one year before filing a petition for divorce by mutual consent are:-

(a) the maturity and the comprehension of the spouses;

(b) absence of coercion/intimidation/undue influence;

(c) the duration of the marriage sought to be dissolved;

(d) absence of any possibility of reconciliation;

(e) lack of frivolity;

(f) lack of misrepresentation or concealment

(g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties.
"

Please also clarify if nullity be ordered in case the alleged force on either party is DENEID but still the party is OK with the annullment.

1. In short, I am trying to know if the marriage can be dissolved either by mutual consent or by annulment ( inspite of denial of force) within one year.

2. What is the legal validity of a MoU or a compromise deed in case of a nullity or divorce.


Thanks.

Divorce under Mutual Consent

Adoption of only son

Sir
whether a widow is competent to give her only son in adoption ..

Adoption of only son

Sir
whether a widow is competent to give her only son in adoption ..

divorce petition

can any one send me a draft copy of a divorce petition under the special marriage act.u/s 27(1)(d).

divorce and judicial separation under the Special Marriage Act

the girl got married 2 years back.ever since her marriage she was subjected to mental torture,so much so, that presently her husband and in-laws have even stopped talking to her.though she is still at her matrimonial home but she cannot continue any longer.all modes of reconciliation by the girl's parents have failed and now she wants a divorce.what is the neccessary procedure?can she directly go for a divorce suit or should first file a criminal proceeding under 498A CrPC and then file for divorce?would judicial separation be a better option?

TOS suit will

Dear Sir,

We have a property with my uncle as a executor in will of 50 % share of the property. But, He is not paying taxes and
not executing the will also.
Please advice us for the further steps.

Partition by Arbitration

Dear Sir,

My sister and myself owns a property
in chennai. There is some misunderstanding
among us during the partition.
Could you please advice us whether we can
partition by Lokadalat/Arbitration/Mediation without
filing partition suit in the court.

Extra Marrital Affair

Dear Experts,

My father retired from Army as Hon. Captain in 2002. He has always been dominating in the family and my mother do not even speak in front of him. Three years back he got into an extra marital relationship with a lady. The situation has become so worst that my mother wishes to commit suicide. All my sisters and brother are horrified with the environment at my house. I am the eldest son in the family and got married two years ago. Also, I'm staying away from my family. I am in such a helplessness situation that I don't know what to do. I had a dialogue with my father about this but there is no change. We also have some serious doubts that he might have been lending money to that lady in large amount. He is not willing to spend money on his family. Now I have decided to go for a legal action against him to save my other family members. I want to have all financial and proprietor control in my mother's hand, including the pension that my father receives from Army, so that he has to go through us before taking any decision.

Kindly suggest the possibilities and procedure to do it.


Thanks & Regards,
Kiran K Aryan