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Never Give Up   09 February 2013 at 22:05

Gwa custody help

Hello Experts,


GWA case is at petitioner(my) cross. I got interim order of visiting my kid in court premise on court date, which could not happen so far for 3,4 dates. Contempt has been filed for the same.

I need your expert advise on following,

I intend to bring my kid (3 yrs) to my place on every week end preferably overnight stay.

In above circumstances, should i go for

1. revision of existing interim visitation order
2. New interim application for week end overnight stay
3. Wait for contempt petition to dispose ( as such no specific relief sought, just appropriate stpes against respondent)


Please suggest.

Thank you.

ARUN KUMAR   09 February 2013 at 19:09

Is marriage certificate of arya samaj is legally valid in court

Dear Sir,

Is marriage certificate of arya samaj mandir is legally valid in court, if it is love marriage and done in absence of parents of bride & groom both?

Kindly answer the query.

YAGNESH HASMUKH DAVE   09 February 2013 at 19:02

Family law

father has done second marriage he has two children from his previous wife who is expired as per law who will be the legalheir of propreties of the father if he expired without making the will the stepmother will have all rights on property and children will have to no rights please advice

Jam   09 February 2013 at 14:27

Gift deed or release deed in divorce

Dear members,

I have already filed for mutual consent divorce. Divorce is due for next month.

Now, I want to do a gift deed my share of property to my wife, property is a joint property on both of our names.

What is right option to do here, GIFT deed or RELEASE deed?


Second Query:

My wife is going to take loan against this property apart from existing loan. If I am going to gift this property to her then Would I still be responsible for loan on that property? Do I need to do some legal processing in order to clear my name out of this loan?

I would appreciate if you can revert with detailed answer.

YAGNESH HASMUKH DAVE   09 February 2013 at 12:36

Law

A father has done second marriage he has two children from his previous wife who is expired his second wife is not behaving nicely with the children who r major r not feeling safe they fear that after their father expired all the property will taken over by her step mother if the father do not make will do all rights is gone to the stepmother and children do have any rights on the properties and bank balance what can be done in this situation please advice

Mrunmai Deshpande   09 February 2013 at 05:28

Will

I am a senior citizen with 61 years of age. My husband made a Will in which he had made me the sole beneficiary of his movable (bank balance, FDs, shares etc) and immovable property. He had not inherited any property. He has passed away recently. I have a son and a daughter. I want to know whether legally I am allowed to make a Will as per my wish for the assets my husband has transferred to me by his Will? Please advice.

Amit   08 February 2013 at 22:36

Applicability of marriage laws ammendment act 2010

Please guide that proposed Marriage Law Ammendment Act 2010 pending in Parliament, if passed will be applicable to Divorce Cases filed after passing of the same or to all cases, whether running in the courts before that also. Please elaborate in detail.

PT   08 February 2013 at 21:50

Dv - domestic incident report

Sir/ Madam,

1) My ex-wife filed a case under DV Act, 2005 about 6 months after I obtained dissolution of marriage decree from a US court. She had written letter to the US court and hence participated. Is the DV maintainable ?

2) She filed DV application u/s 12 directly with the magistrate. However, per the DV Act, Form I (DIR) should be signed only by protection officer/ service provider. Will this hold ?

3) Even if DIR / Form 1 is accepted, she has not specified dates (only month/ year) or given any medical rpt/ proof

4) After filing DV; .. she has added additional incidents of violence in other cases like child custody etc. which dont find mention in DV

5) Further DV filed 3.5 yrs after separation and 100% of cohabitation was in US so jurisdiction issue.

Is this a good case for QUASH or should I ask for only DIR to be QUASHED. Appreciate your comment. Regards

DV victimmmm   08 February 2013 at 20:57

Can documentary proof be submitted at the stage of final argument

Dear experts,
The final argument of the DV case filed by my wife is going on.My wife's lawyer asked for residence order in the home which belongs to my mother.Till date wife was asking for separate house, now suddenly this demand is made. The house where I am living right now belongs to my mother and my wife never lived there after marriage. We both were staying in a different city in a rented house till wife left me. I want to submit sales deed of the house as a proof so that wife does not get a residance order in my mother's house. Can I submit it now when evidance stage is over? Argument from my side is scheduled in next week.Kindly advice me about this.Thanks

YAGNESH HASMUKH DAVE   08 February 2013 at 18:36

Law

A father has done second marriage he has two children from his previous wife who is expired his second wife is not behaving nicely the children who r major r not feeling safe they fear that after their father expired all the property will taken over by her step mother and she will not give anyting if their father do not make will can u give advice what the children can do to safe their side