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RAMESH TEXT   17 May 2013 at 10:02

Name changed without father's concern

My son's name has been changed by gazette notification by my wife without my consent.
Does this amount to violation of the existing laws?

We both living seperately for the past 12 years. Divorce petition is pending before the court.

The name change form has been attested by a gazetted officer. Kindly advise what kind of legal action I can initiate in this situation?

parminder630   16 May 2013 at 23:04

Meeting rights for grandma

Dear Sirs

I am 69 years old senior citizen , a widower,cancer surviver , heart patient and a diabetic. I have /had three children. I am a very very unfortunate lady /mother and living a depressed /suppressed and meaningless lonely life.


- My youngest son was 37 years old .I had lost him in 2011.After his sudden & untimely death his widow and her parents harassed me a lot,went to women cell for false dowry cases , police etc for want of properties .She has left us and lives with her parents who wants to re marry her. She took my grandson with her who is now 3 and half years old . As per mutual agreement which is signed between us we gave her all her stuff that she wanted back, NoC for susccession of my deceased son's business with a clause that she will send the kid to our place every sat & sun and on festivals which she did initially with lot of nakharas .

Gradually she started fights on this issue and made it every fortnite. Now she is saying she will not give the kid at all.

If I approach the court ,what right court will allow me ?What could be the possible time/interval for which court will probably allow me to meet my grandson.

I have a daughter who is 41 years old and has no kid .She loves this kid a lot .Will my daughter also have meeting rights after I die .

Kid loves us a lot and he looks forward to meet with us .

Pls let me know my rights and time interval that court will probably allow me.

Thanks in advance.

Regards

MohammedRaffiq Bijapur   16 May 2013 at 22:20

Executionof interim maintenance u/sec 24 of hma

Brotheren

Can the interim order of alimony/litigation charges awarded in matrimonial case(for divorce u/sec 13 of HMA) pending be executed in the same proceedings.
Kindly if Yes a judgment to that effect.

Member (Account Deleted)   16 May 2013 at 20:33

Divorce

Q)according to new propsed ammendement in hindu marriage act wife will get share in the property of ancestral property of her husband. i want to know that will she get share from the husband share or equal share in property? will son of the husband can claim for seprate share? for e.g i have my parents ,two sisters and myself how much share my wife will get in case of divorce?

Law Querier   16 May 2013 at 03:39

Invalid power of attorney in mcd

My question is regarding technical fault of Power of Attorney and this is not repeated query. NRI wife had entered a divorce case through her PoA u/s. 13(1) (ia) in district family court. The power of attorney made by wife is not authenticated by Indian Consular of Canada but, attested by Notary Public of Canada. The matter of invalid PoA was already mentioned by respondent-husband in his reply. Now, the contested case has converted to Mutual Consent Divorce(Sec.13B). My questions are,
1. If the power of attorney is not valid as per law then Court can grant mutual divorce in MCD case?
2. The court does not know about the fact of invalid power of attorney although a husband had mentioned in his reply when he contested divorce. What is the way to take in concern of court about invalid power of attorney in MCD case (Sec.13B)?
3. Can husband inform this fact about invalid power of attorney to court though he has given consent in mutual consent divorce?

Law Querier   15 May 2013 at 20:28

Withdrawal consent in mcd after few days of entered petition

A contested divorce case u/s.13(1)(ia) is converted in to sec.13b (MCD) in district family court. In applied petition of sec.13b, it shows that the petition is made without any threats. Husband has also signed mutual divorce agreement on stamp paper and other agreement of accepting and giving things during marriage. Now, after three days of applied the joint petition of sec.13b (MCD), Husband wants to withdraw his consent in MCD because the consent of husband was given by under threat of police case.
1. What reasons are advisable for husband to show in his withdrawal application?
2. Are there judgments similar to this case where court dismissed the MCD case on withdrawal of consent of a party after few days of MCD application?
3. The way of constant absent of husband in MCD procedure is advisable for husband if husband does not want to divorce?

hello good day   15 May 2013 at 15:52

Query

learned seniors,

like to know what is the difference between ' SPINSTER ' & ' BACHELOR ' woman in legal term.

thanking you in anticipation.

Anil   15 May 2013 at 12:39

Land dispute


X purchased the land from others.
he gifted that land to her sister Y with all the rights.
That lady Y sold the land.
Now that guy X and his wife applied for divorce and their son who is minor applied and court granted injection order on the perticuler land. Court issued the injection order before her sister Y registered to others Z. Due to postal delay it eached to reg office late befor that time the land got registered to other guy Z.

Now what can be done, and who would be the owner for that land. the guy who purchased Z the land able to sell it. please tell me how to proceed on this.

Law Querier   14 May 2013 at 22:53

Waiving of six months cooling period-sc

There is a supreme court judgement of Devinder Singh Narula Vs. Meenakshi Nangia about waiving off period of six months and grant a decree of Mutual divorce in MCD. Now, A divorce case u/s.13(1)(ia) is converted to sec. 13b (Mutual consent divorce) in district family court.

1.Can district court waived the period of six months and grant a mutual divorce by referring supreme court judgement of Devinder Singh Narula Vs. Meenakshi Nangi?
2.how the district court set motion-1 and motion-2 in procedure of MCD if district court follow/referred above supreme court judgement?