Kalpesh Mota
11 February 2013 at 12:13
Dear All Respected Sir,
I Have a client, which doing a tax consultancy from Me, He Has Done the marriage in court. Now due to his wife is coming in close relation in family, his family said him that, both family prove that both are come under prohibited marriage of law.
& boths marriage is void & make punishable to both. make crime case against my client.
but my client not come under prohibited relationship, & i want to prove in court that. but i have no supporting for this.
so i want advice on this.
Sheela Jain ..........
11 February 2013 at 00:25
My only one son recently expired in 2010,leaving behind his son of age 2 ½ and now he is 5 ½ yrs old .I later on convinced my daughter-in-law to stay with us in Banglore but she took our grandson with her and stayed with her parents in Mysore. In the meanwhile, when we spoke her through phone,she did not speak to us so well and not even she gave us to talk to our grandson.But she got her child in Bangalore during holidays. we gave her money for maintenance every month.
Then we convinced her to get re marry and got married on 2nd December 2012, and we told her to leave our grandson with us.My grandson is very fond of me and he does not wants to go with his mother. After my daughter-in-laws marriage, she is forcing us to take away my grandson back but the child is not ready to go with her.She came here in Bangalore, and fought with us for her child.
Now i have my grandson ,aged 5 1/2 yrs, with us.
1. Can I take court's order in urgency to keep my grandson with me, without mother's consent?
2. We got our daughter-in-law married and we gave all the expenses for the marriage, so do still a mother has rights on her child after re marriage.
3. I am 62 years aged and my wife 58yrs old, we have 2 married daughters and no son, so can we make our grandson as our son legally without involvement of his mother and can I get court's order for the same?
4.I have a big estate and I want to make in the name of my grandson, please suggest me as to how to keep my grandson with me forever?
5. My daughter-in-law is saying that she has full rights on her child and she will take him back, can she do it legally and will the court give custody order to her?
6.What are the possibilities that a Mother has rights for her child to take back and What rights I can get my Grandson forever with me?
DNJ
10 February 2013 at 22:46
Sir / Madam,
I have filed RCR u/s 9 of HMA on 30-Mar-12. This is now pending AFfidavit of examination in chief for the ex-Parte in Mumbai family court. Separation is 3.5 years.
My wife has filed Cr PC 125 and DV 12(1) for claiming maintenance and compensation at Nasik in Sep 2012. The arguments is now on interim maintenance where my wife's lawyer has demanded me to produce my income proof. I am a salaried employee earning income around 15-18 lacs p.a. by salary. My 2 parents are dependent upon me and are ailing the monthly expenses are around 1 lac. I also have a 3.5 years old son.
Please help me fight the interim maintenance and how can i defend the production of income documents. I don't have any problem in producing the same but my wife has deserted me for over 3.5 years. I am ready to pay the interim maintenance of rs. 10,000filed by the wife in the application. Case studies / sections that can help me here will also be helpful.
Please help. As always, thank you for the guidance.
Rgds,
DNJ
Sanjay
10 February 2013 at 22:35
Recently I hv adopted baby girl from a close friend and completed the formalities by a registered adoption deed duly signed by concerned 4 members ( both parents , we are hindu ) in registrar office.
When I applied for birth certificate , officer is asking for court order to process the papers , he says adoption deed is irrelevant.
I need guidance how to take court order for the above.
If the order is not required , where can i get the confirmation.
Thanks in anticipation.
prakash.morey@gmail.com
10 February 2013 at 22:01
Dear Sir ,
Please advice
1. I have one unmarried sister with no source of income.
2. My parents did not make any will, the property is equally divided among 5 brothers and 2 sisters including her.
3. My 4 married brothers and 1 married sister
are staying independently/seperatly and are well settled.
4.I and my family alongwith my unmarried sister stay in the inherent property.
5.Now, the said property is undergoing redevelopment procedure and we are entitled to a bigger flat.
6. My siblings have come to a decision that we should sell the flat after redevelopment and opt for the monetary benefits and divide equally among ourselves.
My query is:
1. can my unmarried sister object to their decision?
2. Can she insist to retain the flat after redevelopment?
3. The Dear Sir ,
Please advice
1. I have one unmarried sister with no source of income.
2. My parents did not make any will, the property is equally divided among 5 brothers and 2 sisters including her.
3. My 4 married brothers and 1 married sister
are staying independently/seperatly and are well settled.
4.I and my family alongwith my unmarried sister stay in the inherent property.
5.Now, the said property is undergoing redevelopment procedure and we are entitled to a bigger flat.
6. My siblings have come to a decision that we should sell the flat after redevelopment and opt for the monetary benefits and divide equally among ourselves.
My query is:
1. can my unmarried sister object to their decision?
2. Can she insist to retain the flat after redevelopment?
3. The beneficial amount is such that one can easily get a flat also the brothers are willing to look after her and take care of her. In this situation, can she still insist and demand to have her own flat in the same re-developed residential society as she has stayed in the inherent flat since her birth. She is of around 53 years old.
4. My unmarried sister is the first nominee in the share certificate of the said property.
amount is such that one can easily get a flat also the brothers are willing to look after her and take care of her. In this situation, can she still insist and demand to have her own flat in the same re-developed residential society as she has stayed in the inherent flat since her birth. She is of around 53 years old.
4. My unmarried sister is the first nominee in the share certificate of the said property.
Regards,
Prakash
mycent
10 February 2013 at 13:06
Dear Experts,
Need your guidance on the below matter.
My wife has filed for maintenance u/s 24 of HMA. She is not currently working anywhere but was working before marriage. I had filed my reply. Recently I got hold of her resume in Naukri.com wherein she has mentioned that she worked in a small firm for 3-4 months, and this duration is after the filing of Divorce & 498a case. Argument for HMA24 is fixed on Monday. What can I do to get the details of her employment from the employer so that I can put this up in the argument. I know the name & address of the employer.
Pls advice, as I have very short time.
Akash
10 February 2013 at 10:08
Hi,
My Wife has filed DV act against me and my parents, this has been going past 4 months, now their lawyer approached me and my lawyer for mediation and permanent alimony.
Their lawyer says in mediation their will be a person from court and their won`t be any person from her lawyer side neither from my side, is it true?
I need to know:-
1) what is mediation? is it counselling?
2) Can you tell me what type of questions they ask in mediation?
3)Also my lawyer says if I do not attend mediation which is next month, their won`t be any problem, because in the court their was a drafted letter wherein she and I signed and our lawyer and their lawyer signed it is mentioned, whatever happens in the merit of court and if possible we can extend proceedings? Later on this drafted letter was typed in the court and again she and I signed and her lawyer and my lawyer has signed.
4) What happens if I do not attend mediation?
5) Lastly, Can I ask in mediation I can pay her some amount say xxx or is this is regarding domestic violence's cases she has filed against us, by the way we did not do anything her, she filed all wrong cases against us.
6) What ever happens in mediation will it be final, what if she asks more and I`m unable to pay?
7) I hope their will be a way out.
Please answer me points
Rajesh
10 February 2013 at 00:33
Dear Experts,
I am an HR professional and work for a private firm. I seek your expert's advise on the Maintenance Case and Fake Dowry Harrassment and Fake Domestic Violence Case filed against me by my separated wife.
We got married in Feb. 2008 as per Hindu rituals. It is an arranged marriage held with the consent of parents of both side. Since starting of our marriage, we used to quarrel on small-small issues because our wave-lengths did not match and because we did have different opinions.
The problem got started in Nov. 2011 when I saw one sms in her cell phone and found that she may have an affair with a person. I asked her about it which she accepted and regretted but I was in anger, hence, did not speak to her for almost 15-20 days. She got irritated with my behaviour and left my home along-with my 11 months daughter and started living with her parents.
She could not take care of our daughter as she used to work with a private firm. Her father took care of my daughter as my wife’s mother is working outside town.
After one month or so, she gave my daughter back to us to take care of her but she did not come back. My mother started taking care of my daughter. My wife used to visit once in 15 days to meet her daughter and it continued for almost 5 months or so.
In the month of May 2012 when my daughter turned up one and a half year old, she came to take her back. We refused but she tried to take her forcibly. During this my wife’s hand got jerked and she called up Police on 100 and conveyed that I have been beaten up my in-laws. Police came and they found that nothing happened but they advised us to handover the baby to my wife.
She took her my baby and started living at her parent’s house. She asked for maintenance which I declined to give as I requested to take a final decision. After few months she filed a case against me for Dowry Harassment and Domestic Violence. Accordingly I got a call from Women’s Cell and I went there for briefing. They advised both of us to go for Counselling and resolve issues keeping in view of a small baby.
Our parents again sat together and discussed all the issues at length and finally concluded that I will come out from my parent’s home and will stay in a rented accommodation with her and daughter and rented accommodation will be near-by my in-laws house. She will continue her private job and I will pay her Rs. 10000/- per month as maintenance (my parents were not ready for maintenance as I and my wife will be staying together). This Compromise got formalized through Affidavit and was submitted in Noida Court as well. We both signed in one register in front of the Judge for formal compromise. Here I would like tell that the Compromise Agreement was signed by me and wife, her mother as Witness 1 and she signed fake signature of her brother as Witness 2. My mother and Father did not sign on the Agreement as they were not ready to agree few clauses mentioned in the Agreement. I signed on the agreement because I wanted to stay with my daughter only.
I took a rented accommodation at Noida in the month of Nov. 2012, purchased furnitures and fixtures, etc. and spent around Rs. 1 lac. In addition to this, I started depositing maintenance of Rs. 10000/- per month to her Bank Account from Oct. 2012 onwards. Further, I admitted my daughter in a Play School cum Day Boarding where she stays from 9.30 am till 3.30 pm daily (six days a week) because there was no one to take care of my daughter including my wife who was working.
During the stay at rented accommodation, she did not take care of us, did not cook for us. In fact, she went for outstation trip with her friends, night out on the day of New Year eve and I was the one who took care of my daughter during her absence. I have been tolerating all this because I wanted to stay with my daughter.
Few days before I got a call from my father that he received a notice issued to my name from Judicial Magistrate of Gautam Budh Nagar to appear on 12th Feb. 2013 and give justification in the case under section 125. In the evening of same day when she was at her parent’s home, I asked her about the case and she said “I don’t want to stay with you and also declined me to meet my daughter.” In anger and to avoid argument, I told her not to come to my rented accommodation. Next day again I went to her parents home but she and my daughter were not at home. I kept waiting for hours but she did not come to her parent’s house and I left her parents home at 10.45 in the evening. But I clearly told her parents if you again decline OR create a situation so that I may not meet my daughter, I will go to police and complain and went back to my rented accommodation.
Next day on 31st Jan. 2013 after office hours, I went to her parent’s home but did not find daughter there. I waited for almost 45 minutes but my wife and daughter did not come. I went to Police Station straight forward and complained. They advised me to go back to home as this is a family matter and no women constable is here. They also advised me to come next day to discuss the same with SHO. I went to my rented accommodation wherein I found that the lock is broken and all the household items and Rs. 22500/- in case are stolen. I called up my wife’s mother and informed about it then she said that my wife has shifted all the household items at her home only.
I again went to Police Station and complained about the incident but they again said it’s a family matter, you please come next day to discuss on this. I argued with them that somebody has stolen my household items along-with Rs. 22500 in cash and after due diligence I got to know that it is done by my wife only. But they did not file my complaint then I called up 100 No. at 9.40 pm and filed my complaint but no reference no. was provided to me.
I went to my rented accommodation again and slept there on that night. Next day I went to Police Station with a written complaint but they advised me to go to the Chowki In-charge first. Coincidently, Chowki In-charge was in Police Station only. I briefed the whole matter to him and he kept my written complaint but did not acknowledge it. I requested him to visit the rented accommodation and see. He went there and saw the theft place and he also advised me to go, I will discuss with them (my wife and her parents) as well.
I again met the Chowki In-charge in the evening of same day to get the acceptance copy of my complaint. The Chowki In-charge called up my wife and asked her to come to Police Station. Coincidently, the SHO were present there and she listened to both of us. During the discussion only we got to know that she submitted an application to SSP that my husband has beaten me up and thrown her and daughter outside from rented accommodation. SHO also advised us to go for legal separation but it seems my wife is not in mood to give me divorce. I would like to tell you here that late evening we got the acknowledged copy of our complaint where in it is clearly mentioned that she took all the household material like, Bed, Washing Machine, LCD, Fridge, etc. and Rs. 22500/- in cash. Also to bring to your kind notice she has all the jewellery i.e. the jewellery which was given by her parents to her, the jewellery which was given to her by us and the jewellery which was given to us by her parents.
Now I have to appear on 12th Feb. 2013 in the court of Judicial Magistrate to give reply to her allegations and Maintenance of Rs. 40000/- per month. FYI she stated in her complaint that my salary is Rs. 1 lac per month and she requested to get Maintenance of Rs. 40000/- per month to take care of her and her daughter.
Kindly advice.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Family law
father has done second marriage he has two major children from his first wife out two one girl child is married and one boy child is unmarried father has taken flat in his own name and second wife name and some flat and shop in own name and boy child name after the father death if he do not make will document will the children will have any rights on flat of which father purchase on his own name and second wife name what other rights children have on property and investment which is made his father name and his second wife name and will stepmother have any rights on property and investment purchase on father and children name please advice.