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Sheela Jain ..........   06 February 2013 at 17:02

Can i grab my son from 1st in-laws

My first Husband has expired in 2010 and in between us we have one Male child.Now he is 5yrs old.My father-in-law made me to remarry again.But i married 2 months back on 24th NOVEMBER 2012,in one condition that my son will be with me after my remarriage. With my consent i agreed to re marry.But immediately after my marriage they din\\\'t give my son back,they chited me.When I went twice to ask my son they fought with me,abused me and din\\\'t let meet my child to see and talk.My first father-in-law taught my son wrong impression against me.
Now,my first mother-in-law \\\'s physical condition in not good as she cant do her own work, neither she can walk properly and she is suffering from high diabetes.She has blurred vision also.My first father - in -law is still now busy with his business and unable to take out time to look out after my son.So, they both are unable to take proper care of child\\\'s routine life and schooling.
I,sheela jain, mother of my child, done my BCA,MBA in hyderabad.Now i m a housewife.My second husband,B.Com, is a well to do businessman, financially strong. We both have the physically and mental Capability to take care of my son.
before my re marriage my son was under my custody and i took care of him for last 5 years.
I request you to give suggestions regarding the following queries:

1) IF I GRAB MY CHILD WITHOUT THEIR CONSENT,IS IT LEGAL, AND CAN THEY FILE A SUIT AGAINST ME IN THE COURT?
2) CAN I DISAPPEAR AFTER TAKING MY CHILD FROM MY 1ST IN-LAWS HOUSE BECAUSE THEY MAY TAKE ILLEGAL STEPS AND IT MAY DANGER MY LIFE ?
3) IF I DISAPPEAR CAN THEY TAKE FROM COURT FOR SEARCH WARRANT AND CAH THEY TAKE ANY LEGAL STEPS AGAINST ME AND MY SON?
4) WHICH IS THE COURT'S ORDER THAT I CAN TAKE PROTECTION FROM POLICE TO GRAB MY SON?

minsal   06 February 2013 at 16:48

Wants to file rejoinder

Sir,

in the matter of family court, i've filed an application for right of child access (for visitation purpose). The other side advocate on behalf of the petitioner (mother) has filed their reply with false allegations. now my client wants to file rejoinder to those reply hence we prepared and on the date we tendered it before Hon'ble court.
now the judge (100% he is doing all these under influence) refused to take the rejoinder on record stating that show the provision for filing the rejoinder.
i am not much familiar with the family court hence i need your help. plz. tell me under what provision i can file a rejoinder to the reply of the petitioner.

anirudhhr   06 February 2013 at 15:10

Inheritance of grandpa's property

Sir I wish to know if there is any justice that can be done wrt the below case.

Grandpa's converted all his inherited and self acquired property into Self Acquired property by selling it. He's distributed "30%" to 3 daughters in a way that his 2 daughters have got 30 %(plus some maternal jewelry share) each and a mentally incapable granddaughter from the 3rd daughter has 30% or more .

He has kept just the left over property for his only son the youngest of all that too with a condition of taking care of the granddaughter afterwards who has been recently married to her equally calibrated person.

This person will be getting all the benefits if the youngest son is not going to accept the left over. In that case as a grandson what can be done to give justice to the great grandfather's honest son!!

Thank you for considering to read this. Kindly suggest !
Regards,
humble grandson,
Anirudhh !

srinivas   06 February 2013 at 15:03

Protection of grandson

Can my daughter-in-law take away my grandson forcibly from our home or anyother place, with or without my knowledge?
What precaution i have to take before, and what action should i take after she takes away my grandson? Does she has any rights to take away like this?
Can also she get an ex-parte injunction order for her child?

DV victimmmm   06 February 2013 at 14:08

Are jewellery gifts to husband part of dowery?

Dear experts, I m facing a DV case filed by my wife.At the time of engagement, I received a golden chain and a golden ring. I have a document written and signed by my father in law where he says that he would give the groom(me) these items. Actually we exchanged rings at the engagement ceremony and I gifted a necklace to her as she gifted a chain to me. I submitted this document in the court to show that I received nothing else than these items.(No dowery in the form of money was taken).The document is accepted by father in law in the court.My questions are:
1.Are these articles part of dowery artilces?
2. WIfe is asking it as part of streedhan,is the jewellery received by me is part of stridhan?

venkat   06 February 2013 at 12:29

Hiv criminalization

Dear All,

recently i got a case, here is brief details

X got married Y three year ago, recently Y infected with HIV, after that X came to knew Y family members have HIV before marriage. luckily X and X kid are safe zone as of now. Y started asking money if X need a KID and divorce, somehow Y has file cases under 498A but after en-query police people are dismissed the case.

while proceeding Honorable judge asked me to provide proper information where KID have risk living with Mother and grand mother ( both are HIV patients )

after meeting with Doctors who has given treatment for Y, he is saying absolutly risk involved if KID living with HIV patient, but he is not ready to give any letter and recommendation because he is saying it's every body knew the risk that's why there is huge awareness campaign going on HIV.

Can any one help me how can i prove to Judge and support my client and save one life.

Akhalaque Ahmed   06 February 2013 at 11:32

Maintance


DEAR ALL,


IF WIFE APPLY FOR MAINTANCE UNDER SECTION 125 IN FAMILY COURT. SHOULD SHE CAN FILL MAINTANCE IN OTHER SECTIONS OF LAW LIKE IN DV AND UNDERSECTION 151 IN RCR.

PLEASE RESOLVE MY QUERY WITH SUITABLE JUDEGEMNTS RELATED WITH THAT.

THANKS®ARDS
AKHALAQUE AHMED


Kedargkeskar   06 February 2013 at 10:17

Mututal consent divorce

Marriage between A & B took place on 24.04.2012 as per Hindu Rites & Regulation. Since 26.04.2012 both A & B are not cohabiting. Now both want divorce by mutual consent. As per Sec. 14 of HMA one year has to be lapsed. Whether a petition U/s. 13(b)of HMA can be filed now ?

Member (Account Deleted)   06 February 2013 at 09:47

482 quash :please help

1)Wife is not residing to matrimonial home from 02.09.2011
2)Husband filed child custody case on 16.05.2012
3)Wife receive summon from her parental home 22.06.2012
4)Several letter to come back matrimonial home , wife received from parental home
5)After that wife file 498a/406/34 against husband and family 14.09.2012.
6)In charge sheet wife has mention that she is not her matrimonial home
since 02.09.2011

Now local layers is advising go for quash. Assuring that 99.99% chance of quash , as
she was not matrimonial home for more than a year and filed 498a/406/34, in charge sheet she also claming that.

She has accused physical and mental torture and some vague points (abnormal)

Will it be good to go for quash? it is very costly, we are from middle class family, please advise

sangramthorat   05 February 2013 at 20:23

Cr.p.c 125 about maintenance from husband

I am advocate on behalf of husband. In cross examination of applicant she has admitted that after getting first & second notice of her husband. She did not come to cohabit with her husband. is she is entitled for claiming maintenance ?