kashyap
19 March 2013 at 21:05
Dear Senior
my wife is a female eunuch earlier i came to know but i am not having report but it is not matter worry because i will request to MM to get her medical checked up any hospital but my concern is that until get her checked up till than i will have to pay maintenance or not whereas i am MBA student.
second thing i will pray to MM to get her medical checked up MM will believe me or not because i am not having any evidence except truth. she have had never monthly period vagina hall might be hardly 2 or 3 inches.
it is not consummate marriage. I am not sure that she is xx yy xo maybe she is yy but not 100% women she is unique.
i have been married 6 year 10 months when my parents wanted to go her in hospital to get her checkup she had denied and after two days she absconded alongwith entire jewellery when i had tried to carry her several time. but she had denied when i had asked her about jewellery she had told me that i had no prof that she had brought jewellery how would i prof in court.she has filled d.v. and maintenance case.dowry as well as in CAW cell.
according to me my case unique
still i am confuse what should i do in this circumstance. should i say truth front off MM or first she carry my home and get her medical report. afterthat go to court for divorce.
what is your opinion.
Please advice me.
Thank's and regards
Martin
19 March 2013 at 19:30
HUF Family and Legal action against HUF for not able to make payment to suppliers. Please, Please, Guide me, It's very urgent and we all family members are in fear.
We are Hindu Undivided Family (HUF). We have started a business around 10 years before and business was having normal profit.
We were unable to collect from our debtors since years and there is no way to get recovered amount from them in atleast next 5 years or so and this amount is in lakhs.
Till this time, our creditor has waited a long to recover amount from us for purchase made by us from them. They were supportive BUT now One of our creditors has filed a case few months back and is under court processing?
1. What legal action he can take against House Property of HUF, House Property of any member of HUF, HUF Business, HUF, Karta, Members of HUF and specially Female Members of HUF.
2. Does all of us family member will be liable for this? OR only male member of huf OR Female member of HUF?
3. If the situation is worst and some one need to go to jail, who it would be?
Only Karta, or all Male Member of HUF, Female member of HUF or All member of HUF?
Does Female member exempt from this?
4. Does creditors can recover this amount by selling any member house property or HUF House Property or even he could not claim for sell of the house property?
Please, Please, Guide me, It's very urgent and we all family members are in fear.
a
19 March 2013 at 17:26
Ma’am/Sir
I've few questions pertaining to my appeal in the session’s courts, following an order favouring my estranged wife and my 9 year old child. The order passed by MM's court (in 125 CrPC) asking me to pay a hefty sum equivalent to my 2/3 salary to them, against that I’ve filed an appeal and the outcome is expected in the sessions court.
1. At the time of replying and at argument stage (in 125) I was not aware of her working status and did not have access to her income tax returns and bank statements; these documents were submitted by me post the MM's orders. How can I take advantage now of information I’ve now in 125 and my appeal, to fight the matter, and what reprieve I can expect?
2. Since she is working and earning approx. 35 thousand a month in a semi government job, what options do I have? Will this stop them from pushing for Execution? Thus far I’ve not paid her.
3. What options I have if the session’s court rejects my application of appeal? Also advice since she was and is concealing these facts; does this concealment of hers leads to any kind of reprieve for me and a penalty for her.
4. Is this an appropriate time to file for Divorce (as i know she is working and earning, concealing facts etc.) and what options do I have to ask for my Childs custody but initially visiting rights?
Best regards
JAI BHASIN
19 March 2013 at 14:45
In continution of my query regarding the claim of share of my elder son in my regd.property being only his name is registered in the sale deed,he has not paid any amount to purchase the said property.As you replied that now he has became co-owner and I have to give his share. But how I will
give him as his share i.e,how to calculate it as per law and what types of documents to be prepared for him deleting his name/photo in the sale deed forever.After that this flat will belong to three members of the family.Whether it will presumed that each member has 25% share as we have not mentioned any share for each member in the sale deed.If we have to give him any amount in lieu of his share,we have to take loan against this property as at present we have no money to give.As per Income Tax law/civil law,only those persons who pay the sale consideration amount and their names are regd.in the sale deed/agreement are the owners for taxation ,even if non-working female is owner of the immovable property and his husband is working,this property is also treated as his property assuming this property is purchased by his fund as per civil law for distribution of property between legal heirs after his death.Please guide me,how I will solve this problem?
Pran
19 March 2013 at 12:13
Respected Sir/Madam,
Three years ago my elder brother got married. His wife’s family is comparatively lower in status than us, hence due to good financial condition of our family my father demanded nothing during the marriage and expected that the girl being from a lower middle class family would be sincere, good in nature and will held the family together but gradually the opposite happened. The girl showed signs of hunger for money and craved for lavish style day by day. My father expired in 2011, not because of any incident relating to this case but he had a stroke.
After his demise the girl showed aggressiveness to my mother demanding distribution of the wealth as a soon as possible. My mother explained her to wait for some years and let her cope with the untimely loss of her husband but the girl showed no signs of repentance and became adamant.
At present the girl is still continuing his previous tactics and had also taken more than half of the wealth in the name of her and her husband (i.e. my elder brother). Initially I was shocked to see the mute nature of my elder brother during her wives aggressiveness towards my mother and me, but eventually my mother made me understand that every man changes after marriage and thus her elder son too is behaving the same.
Recently, during a quarrel regarding property matters (which is still continuing even after more than half of the wealth has been given to my elder brother and her wife by my widow mother); my mother had started doubting the intentions of the girl.
Hence, please advise me and my mother regarding what conclusion can be drawn from this case ? And what precautions I should take legally so that my mother (my only guardian) does not get harmed in any way ?
Irfaan
19 March 2013 at 12:07
Dear Respected Pannel Members,
My Self Irfaan, Got married in 1997 Nov as per Shariya in Bangalore. I got a son in 2002. Due various reason & incompatability issues with her, I am staying away from her since 18 months. I moved away from her physically and mentally, reached to a state to take divorce.
In Between, in 2008, to arrange a visa for her & my son (marriage certificate is must for family visa sponsoring), I registered my marriage in India under Special Marriages Act 1954. in which it states that the marriage conducted in 1997
What I would like to Ask, respected pannel members is that, To go for a second marriage, DO I need to take divorce from her? OR I can go ahead for Second Marriage Without divorce from first wife under Shariya Law
Kindly advise, ASAP.
Sajid
19 March 2013 at 10:48
One of friend is going to buy the Christian Property. The House owner is the christian, He is expired. and he has NO Childrens. Now, who is the legal heirs for this property,
1. Wife
2. The Deceased Relatives, like brothers, or their sons,etc.
3. Whether it is must to notify the public in daily news paper etc.
Please let us know whose signature is important in this Sale documents, and what are the precautions to be taken to buy this property.
Mohamed Ali
19 March 2013 at 07:17
Dear All,
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with 2 orphaned grandchildren a grand son and a grand daughter, only two daughters survived the mother.
We filed (daughters) a declaratory suit against these orphaned grand children seeking a declaration that only 2 daughters alone entitled to succedd in left over properties of their mother and these orphaned grandchilden are not entitled for any share,
But the trial court has dismissed our suit saying the daughters are not entitle to succeed to the whole property of their mother they are entitled for only 2/3rd share and the remainig 1/3rd will go to orphaned grand children as they will come under residuaries as per Section 65 of Mullah's, Even though we had brought to the notice of the court that even if the 1/3 rd residue remains it will go to the other Sharers such the uterine relations of grand mother i.e her brothers and sisters if they are alive or their childrens not to these orphaned grand children. Kindly clarify, How to proceed now. Any Citation where onl;y daughters survived and the son had predeceased . will help.
Thanks and Regards
Ali
sanjeev kumar
18 March 2013 at 22:55
D/law experts,
I was booked u/s 323,324,452 in the year 2004.This false complaint was lodged in the police station by my advocate wife misusing his profession.Tremendous pressure was exerted by the Bar Association by going on indefinite strike.I was harrased for one year and the case was closed by the police after enquiry found it false and vague only after the kind intervention of the Chairman Human Rights Commision.
She again filed complaint in the court of law in same city on the ground that fair probe was not done by the police department.I had to appear in the court about tens of times after covering about 200 kms distance and availing leaves as I am a central govt. employee.Now about 4 months back,she closed her witness.The judge aquitted me on the ground that there was no witness.No further appeal.
During the police investigation and trial,i had to face harrasement and huge financial lose.Should I file the case of defamation?Is there any scope that she would be convicted or it would be of no use? Kindly advice.
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Settlement of dowry case
HI Sir,
We have filed Dowry harassment and maintenance case against Brother in law which is in the verge of getting settled as the respondents have agreed to pay us sum of 4 Lakh which we are OK with.
Our Advocate is asking us settle Dowry cases by March 26 ( posted for hearing on March 26) , maintenance case as he is already got the amount from respondents and he would give the amount when we provide evidence for mutual consent Divorce which would take another 6 months. meantime for our assurance he would give a 6 months post dated check for same value.
So, kindly request to advise the correct way to proceed as we believe we do not have to settle the Dowry case and maintenance case until we get the full amount in our hand. Also our advocate is claiming that we need to file for mutual consent Divorce.
Kindly suggest what we have to do as we asked our Advocate that we are ready to settle the Dowry and maintenance case when we are paid the full amount and are also ready to sign if they file for mutual consent Divorce case.
Warm Regards,
Sarab