vincent gomez
09 February 2010 at 13:23
Can any learned friend of this club put more light on Indian Divorce Act 1860 meant for Indian Christains relating to their Divorce as many Indian Christians in India is suffering in their marriages for lack of legal points relating to Indian Christain Divorce. Any light put on to Indian Christain Divorce for both men and women would be appreciated by many making them aware of their rights and remedies.
Mohamed Ali
09 February 2010 at 13:21
Sir,In this Sunnimuslim partition suit, The decree dated 1960 is a preliminary decree,In that preliminary decree our grandmother share is declared as 1/17th share in all the suit schedule properties,
Final decree proceedings is filed in 1986 and is still pending, Here there is no question of reopening of preliminary decree as the orginal 3rd plaintiiff died 20 years after preliminary decree and final decree is filed in 1986,
As some of the legal heirs(children of predeceased son) of 3rd plaintiff were brought on record in the Final decree petition as LR's of 3rd plaintiff by mistake along with the actual LR's, even though they are not entitle for any share as per Mohameddan law.
The final decree proceedings court is not ready to decide Interse problem among one 3rd plaintiff's Legal heirs to decide who are the legal heirs who are entitle for share in 3rd plaintiff's share,
Now what is the remedy for us ?
1) Now our advocate say we can file a seperate orginal suite(declaratory suit) in a Junior divison court stating that, for 1/17th share of 3rd plaintiff as per preliminary decree in 1960,these orphaned grandchildrens are not legal heirs and hence they are not entitle for any share, it will be only declaratory suit to declare who are the correct legal heirs of 3rd plaintiff and the result of which later can be clubbed in the pending final decree proceedings.
Question:
1)Can a seperate suit be filed to declare who are the correct legal heirs as per Mohameddan law to succeed in the 1/17 th share of 3rd plaintiff, as FDP court is not ready to decide Interse matters between legal heirs of plaintiff.
2)Do we have to pay the court fees for the declaratory original suit as there are several schedule properties in the schedule more over the final decree is still pending ?
3)No need to pay court fee as this suit is to declare that the predeceased son's children not the legal heirs of 3rd plaintiff ?
how to file the declaratory suit ?
Anonymous
09 February 2010 at 12:01
Partnership agreements at the start of any collaborative business venture.
I'm going into business with my best friend and want to protect our friendship.
I am going to invest 100% in stock market and heis going to do trade , how to do understand partnership , whether it should be 80-20 %
Total Investment mine and his investment nil
Heaven 2011
09 February 2010 at 11:59
Dear All,
Section 7(2) of the Arbitration & Conciliation Act 1996 provides that 'an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a seperate agreement'. So if there, in an agreement, already exits an arbitration clause refering the dispute to the arbitrator, would it again be compulsory for the parties to the agreement to enter into seperate arbitration agreement or the clause would itself be treated as a conclusive one i.e. process of appointment etc ?
Kindly advise"?
Regards,
Asish Sil
Anonymous
09 February 2010 at 11:13
Hi all,
I got married in the year 2003 in kerala.I was working in mumbai at that time. Immediately after marriage my wife and her parents came to leave her in nasik where they stayed for 1 week with us.My wife was in nasik and i used to come once in a week for 2 days. Within 2 months she conceived post our marriage. Whenever i used to go to nasik she always wanted me to leave my job and go to kerala with her. for me it is very difficult as i was born and brought up here and i do not know read and write malayalam. Also the salary that i used to get here would not have been possible there. However her mom used to call me and tell me that there are offer letters for my wife that has come in their house for government jobs so i need to take her there in kerala from mumbai for interviews.
7 month of her pregnancy : We took her to kerala for her delivery and I came back
Child passed away : within 2 days of birth
Within a week of the above : my brother in law met with an accident and was seriously injured(22 yrs)
Wife: Always used to ask me for financial help to help her parents. Arranged for money thru my parents
Wife: wanted all the jewellery that she has got from her place in her hands was not ready to keep it in a locker in the bank in nasik under her name. Wife: did not want me to ask for any opnions from my parents for anything.
Mumbai: I got her to Mumbai in 2006 to live me in Mumbai, before that I had taken a flat in front of my parents flat for her for maintaining her privacy
Wife: wanted me to ask for property division
Wife: did not want me to stay with my younger brother
In laws: came to Mumbai to stay with me from kerala post my brother in laws death in 2008.
In laws: always questioning me where I go when I will come why I come late. Also they used to tell me that I need to leave my parents and live on my own. My parents are in Nasik and I am in Mumbai . They never came to leave with us. Her parents can stay with us however my parents cant. Once during arguments she kicked me in front of her parents . Her mom did not say any thing and told my wife that I may be having a relationship outside and told my wife lets go from here and when he comes to kerala we will show him.
Also as I used to come early morning from my shift at 4:00 and then go to sleep she used to get up at 5:00 and not switch off the lights till she goes to work in a near by school. Had requested her numerous times to keep her things ready in the night and the passage also had mirror for her to dress up . However she used to do this daily leading me to live separately for 15 days. She used to purposely to kick my foot as I used to sleep down when getting ready . Not a single sorry for doing it intentionally or unintentionally
Wife: left house in 2009 jan . I was called in may 2009 for talks where she insulted me in front of 20 relative from both sides saying that I was not a man. During this time her uncles came to my house when my parents were in kerala and threatened my parents with dire consequences if I don’t come and take her. I came back to Mumbai without her and was called in October 2009 for talks with our catholic priests. Nothing worked positively and I came back alone as the priest who was doing the counseling was there family friend and he was insisting me to take her to which I refused.
Now we have received a letter in nasik from kerala threaten us to take her back or the girls of our relatives would be raped.
Dowry: no dowry taken from them. They had given us 1 lac to which my wife insisted that I give it to her with the interest . The jewelry that she had got has been mortgaged and the clear reasons are not know to me.
Would require your help in how do I go about in filing a divorce
Parveen
09 February 2010 at 10:41
Dear Friends,
Please guide me how to issue a ca certificate under CCI norm of RBI if a compnay is a loss making company and it's NAV is Rs. 5.80 per share and it wants to issue shares at par value i.e. Rs 10/- per shares.
with regards,
Parveen
renga
09 February 2010 at 10:14
Dear Experts,
I am born and brought up from chennai.I have got my passport from chennai.For the last 2 years I am settled in hyderabad.Recently I have lost my passport in hyderabad in travelling. Now Where should I logde a complaint? Where should I apply for a duplicate passport ? what are the procedures and documents required.
M Ravinder Babu Advocate Parka
09 February 2010 at 09:41
Husbend earning 70000/per month as salary.wifejust earning 6000/per month.A CHILD AGED 16 YEARS AND STUDYING 9TH.HOW MUCH MAINTAINANCE CAN BE CLAIMED.
THE WIFES EARNINGS ARE NOT SUFFICIENT EARNINGS TO MEET THE PRESENT SITUVATION.PLEASE ANSWER.
Anonymous
09 February 2010 at 06:07
Sir,
whether the information already available in public domain, say in website etc. should be provided? Can an applicant seek information reg. various exemptions available under Income-tax/Central Excise to Company and Non Company asssessees? If so, how to deal with it? Should the entire Act be reproduced?
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340 cr.p.c.
sir,
can 340 cr.p.c. application not pressed before d court?
if yes ,dn appairence of applicant is must?