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ajayKD   05 December 2012 at 09:33

Hc judgments - father kisnapping his own child

Dear learned counsel,

Can anybody please help by providing links and/or the actual judgements itself where the HC (preferably Chennai) has quashed proceedings against a father who has been accused of section 363 IPC for kidnapping his own child.

I have a link to an article that appeared in the Hindu regarding a similar case:

http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/father-cannot-be-accused-of-kidnapping-child-hc/article3996044.ece?css=print

I have neither the case number or details for the above.

Alternatively, If you could please point out any sites on the internet that I can purchase the actual judgements from, I will glad do so.

Any help rendered, as soon as possible, will be greatly appreciated.

Thanks and have a great day !

Ajay

Sushil Sharma   04 December 2012 at 21:12

Adoption

Respected Sir,
I want to know what are the rights of an adopted son in the property of his natural father.

Nayak   04 December 2012 at 16:19

Rcr & maintenance

Hi, I'm married 2 years now with a one year old baby. My wife does not seem to show any interest in the relationship but has been forced by her parents all the time and she makes fake excuses to go to her moms place all the time.She left my home 3 months ago and now filed an RCR(definitly driven by her parents) stating she wants to join back but left my home as she was troubled by my family...she also made lot of fake statements in the case which can easily be proved wrong...she says she wants to join us back and also needs Rs40000 as maintenance as per my income.... Is it important I prove her points wrong and inform her disintrested ness in the relationship and her intention to live with me for just money or just blindly allow her to join me?....I have no intention to leave her but only worried she might use these points to trouble me further if not proved wrong at this stage.

Request the experts to kindly reply to my query

Sincere Thanks

Nayak

ramesh vyas   04 December 2012 at 13:42

Maintenance

sir, my friend is hindu male 40years old. his natural parents abandoned him at his uncles house when he was 6months old and never bothered about him.His uncle brought him as his foster son and bequathed some property to him.The name of foster father figures in all his educational records and government records.After his foster fathers demise coming to know that he has got some property, his natural parents filed a petition under 125crpc claiming maintenance of 50,000/- per month. is he liable to pay, if so how much.

akash khan   04 December 2012 at 07:09

Disturbances1

we are living in a family there is always lots of dispute in my family and i want to live seperate i dont want any share in property bcoz i dont have time to deal with this things.only thing i want is that i want to get seperate legally it means tat my relatives and other ppl should know tat myself and my family are seperated is there any provision in law.

miss.munnowara f. pakajade   03 December 2012 at 19:23

Hindu marriage petition

respected,
i am dealing with hindu marriage petition under section 9. now summons served on defendant wife by affixing a copy of it on her residential. if defendant does not appear , what should be the next procedure? what next step should be taken by me ?

janaki   03 December 2012 at 13:13

Divorce

hi

my friend got married in 2006 december.
after that he took his wife to oman where he was working. this woman then started abusing him, his parents and he never had a
married life, then she left oman . he need divorce as he cant tolerate this anymore.he and this woman has a joint property where her contribution to buy this one is very meagre. he asked for the divorce , at first she and her family agreed, but now she and her family not ready for divorce,can he file a divorce petition, he is living single more than 5 years now.he never wanted this woman as his wife.please help.

abhishek   03 December 2012 at 02:40

Marriage solemanisation amd registeration

We have about 12 days for all this...
She is a usa national(Catholic,christian) in arizona , i am indian (Hindu, punjabi)in delhi.

Can she get a NOC certificate from usa
embassy in usa , will that be accepted in
india for registering the marriage.

I am thinking of getting a arya samaj
marriage done and then getting it
registered for the immigration purpose,
since we have less than 2 weeks.

Is it important to get the name changed of
the foreign national who is changing into
hindu religion for the purpose of the arya
samaj marriage in india.

Or can she keep her name and still marry me

as per arya samaj law and later we can get
the marriage registered in order to apply
for immigration purpose..

Will all of this be legally accepted in order to apply for a spouse visa...

Thanks with Regards
Abhishek Katyal
9891042875, abhishek_katyals@yahoo.com






DNJ   03 December 2012 at 00:55

Can i convert ex-parte restitution into divorce petition prior to decree

Dear Sirs,
Details of case:
I had filed for Restitution u/s 9 against my estranged wife in March 2012. My wife has never appeared before the Mumbai family court until now and the Judge has agreed to provide a ex-parte decree in my favour for which I now need to submit the original evidences on the next date.
I have a son also who is 3 years old and my wife stays at Nasik. My wife, after 6 months of Restitution petition has filed 2 cases against me : 1st one is u/s 125 CrPC and 2nd one against myself and my parents which is U/S 12(1) (DV), 18, 19 & 20. She is claiming maintenance of 20% of my salary of Rs. 1.25 lacs. I have already returned Stridhan to my wife’s relatives when they demanded it 2 years back and I had got it written on a Rs. 100 stamp paper.
My lawyer now suggests me to convert this ex-parte Restitution (prior to decree) into a Divorce petition with due permission of the Judge in family court.
Please advise:
1) If there will be any issue here in converting the Restitution petition to a decree and can this be done?
2) Will there be any merits in doing this now or should I wait? I do not intend to bring my wife back as I am in a very bad state of health including my parents who are also ill health and my wife by filing the DV and maintenance cases is purely harassing us. She is ill intented.
3) Can I request for a Fast track proceedings for my Restitution petition in Mumbai family court if conversion is not good for us?
4) Will I have to pay maintenance?
5) Can I apply in Mumbai High court for Quashing the DV case as the points mentioned by my wife in the petition filed by her in Nasik court are baseless?
6) Can i claim custody of the child?
As always, thank you very much. Your guidance has always been of great help to me.

Best regards,
Dharmesh