Member (Account Deleted)
02 July 2013 at 16:00
my child custody case is running 1.4 years
case number 46/2012 alipore court,kolkata.
I mentioned earlier ,i got visitation right order to my wife parental home,
I was beaten heavyly when i went to meet my son.
I then pray for visitation in neutral place .
After that 3 date have been passed,i have not got order
My Question is
1)Can i move to high court , asking for visitation of
my son in neutral place where the case is pending in
lower court?
2)Can i move to high court for speedy trial of my case ?
3)What is the exact age , that as per law joint-custody is possible ?
randomethic
02 July 2013 at 15:53
My mother has four siblings. 2 brothers and 3 sisters including herself.
One brother passed away in an accident in 1986. His wife is also no more. He has two adult children, one of whom is married.
Last year, my grandfather passed away leaving a registered will behind. In this will, he has left the house that he constructed to his wife and if she passed away before him, to his three daughters. His will says that he is not leaving anything for his deceased son because he helped him buy plots and construct property while the son was still alive (which is true, the flat is jointly owned by my cousins though, only the sister stays in it and has driven her brother away).
The will clearly says nothing is left behind to the elder son.
This January, my grandmother passed away as well. The house was transferred in her name before her death.
She made a will under duress from the elder son who came and looked after his parents only at the time of their deaths. Both parents were looked after by my mother and her elder sister.
My grandmother did not sign this will. However, the elder son, took her signatures on a blank piece of paper which he is looking to type the will on.
My queries are:
1. The three sisters are open to selling the property and dividing the share equally between all of them, including the elder brother and the deceased brother's children.
BUT, the elder brother is claiming that being male members, as per law only he and the deceased brother's son can take the decision to sell the property and the daughters have no say in it.
Is there such a law?
2. The elder son has his own apartment in Mumbai which he had put on rent for a huge sum but is now living in the grandparents' house and also keeping all the rent that is coming from the first floor and annexe.
He is opposed to selling the house and insists that any of the three sisters can come and live there knowing that since they have their own families, it will not be possible for them to do so.
Can the sisters ask him to return to Mumbai and split the rent from the entire house in 5?
3. With the elder sister, since she got married to a widower who had children of his own, the elder brother insists that legally, my aunt cannot give her share of the property to her daughters since she did not give them birth. He claims that as per law, if she dies, her share of my grandparents' property will come back to the remaining siblings.
Is this true under law? Is she not free to give her property to the children she has raised as her own?
4. The elder brother doesn't want any share to go to the deceased son's children as well. To this effect he has spoken several times that he wants to type a fresh will on the blank paper signed by my grandmother and have that registered.
5. What should the sisters ideally do? My grandmother was a very fair person and she treated all her children and grandchildren equally. There is no way that she would have wanted only one child to benefit this way.
What is the best course of action? It seems as if the elder brother is doing everything at this point to not give any of the other siblings their rightful share because they are all daughters and wants to keep everything for himself by intimidating them using his knowledge of law.
Appreciate your quick help.
deepika
02 July 2013 at 15:28
I need a honest help and suggestion. There is forced mutual divorce on me by both the families and after first motion 50% of the agreed amount has been taken, but now facing the pressure from my husband and his representative to sign the second motion. But i am not interested in either the payment or divorce to the extent i ready to give back the first amount also. I am victim of torture but still i want to live with him that i am not interested in divorce at all. Kindly guide me what to do next inorder to live with my husband. i am not interested in second motion and how nullify it. What to do next should i go for fresh affidavit on which correct separation time is mentioned earlier is wrongly mentioned one year, actually the is separation of one month. or should i mentioned in filling new affidavite say thet i donot want divorce. Should i go for RCR or domestic violence. He is not interest in continuing the relationship any further. should i fill the affidavit before it is being filed by the counterpart seeking the divorce. Acording to originigal deed the second motion is overdued by two months. Pls Do help and guide. Its urgent.
Anil
02 July 2013 at 13:35
Dear Sir,
I have bounded to pay maintenance in DV case which is exactly 1/3 of my salary. I want to go in revision against this order. But it becomes more than 90 days. So let me advise, may I able to file for revision and if yes then will I get rebate in maintenance fee.
victim of faith
02 July 2013 at 12:53
hello everybody,
my grievances:
ours marriage is 36months old. after speration of 19 months, v hv decided to separate mutually through mcd. on his insistence,
in the process of finalising of MCD documentation, on his insistence, i leave my right of maintenance. [this clause was cancelled in mcd]
now he does not want mcd.
whole process of suggesting of inclusion or ommission of terms in mcd has been taken place through e.mail. no hard copy is made.
thus, i do hv a proof of his active involvement in preparing mcd documentation.
does it helpful to put some pressure on it ?
if not then does terms of mcd may b hurdled in filing other cases in future though there is no signature or name of advocate nor signature of any one of us are on mcd ?.
considering the no. of months involved and terms of mcd ? [no need to clarify normal terms of mcd - absance of any kind of real or/ false allegation to each other]
now what r the options left for me to file ? and its effectiveness.
give me advice.
c. shah...
01 July 2013 at 17:35
A party has given power of attorney to her father for mutual consent divorce u/s.13B of H.M.Act. The POA holder has signed in the MCD petition behalf of party and also signed in the affidavit of the MCD petition and presented the MCD petition in Family court. Can POA holder sign behalf of party in the MCD petition and in the affidavit of MCD petition? (Note: There is no sign of party on the petition of MCD and in the affidavit of MCD petition). Are there any similar judgments for the same case?
Dhananjay Morey
01 July 2013 at 16:51
hi, i just want to know.
MY sister divorece case is in court since last 4 years her son is living with her from 4 years. my question is does my sister son get any property from her husband after divorce. she have filled ex-party decree application in the court , because her husband not apper in court last 4 to 5 dates and he did not give maintenance to her on regular basis.
sujith muralidharan
01 July 2013 at 16:28
Hi experts,how many months can a husband has to spend in jail if he doesn't pay the maintenance?
Is it a non bailable offense?
after issuing warrant can he granted bail from the court?
Emily
01 July 2013 at 08:25
Pls help,
My husband filed for divorce two years ago as he has been maintaining another woman and has a daughter by her too.
After a long and trying period and much inconvenience to me, the family court has awarded that he pay me my claims and maintenance for which (settling my compendsation claim of Rs. 10 lakhs) he has asked for time till March 31, 2014. I have reason to believe that he is trying to dodge both me and the woman he is now living with and leave the country without making the payment or honouring his commitments. I sincerely request your advise on what is the best way to prevent this from happening pls?I have two teenage daughters (18 and 16) and do not agree to be left in the lurch after 21 years oif marriage - he has destroyed my whole life and completely robbed me of all my savings. Is there any way I can prevent him from leaving India without complying with the court orders pls? Do help...
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Challenging a will
sir
can a will be challenged after 20 years, the elders of the family had no problem ,most of them have expired but one person of the 2nd generation is trying to challenge and we are staying in the premises since more than 20 years and the person is just resorting to harassment,now that we have lost our parent and he wants to exploit and take advantage of the situation, his father had no problem since so many years
is there any time bar or law of limits?
thanks