Anonymous
21 July 2017 at 18:26
We got married on 18th Jan 2017 at Ahmedabad and my wife wanted to go to see her parents and said that she is home sick and could not wait more. She is from Nashik and her brother came to pick her up on 2nd April 2017. There was no fight/disagreement/anything unusual.
After going there, my in-laws called me on 21st April 2017 that they are not willing to send my wife back and want to end the marriage because she cannot adjust with us anymore. She did not tell me anything when she was here.
I went to Nashik with my sister the very next day on 22nd April 2017 and called them to talk about what is the matter and I wish to resolve all the issues. They at first refused to talk or meet, but then we held a meeting. Things did not work out and she and my in-laws unanimously told that they are not willing to continue the marriage. I felt like I am being forced to leave the marriage.
They told that she is unhappy because she had to be home all the time, my mom has spoken harsh words on her and she has to do all the household work along with my mom (We never had a maid).
Now, all her clothes and educational certificates are with us with they are demanding along with the gifts that they have given to me or my family during the ceremony.
1. I just want to know do we have to file an affidavit that no one will file any case against each other and we are returning all the belongings to her before the MCD decree or should all the belongings be given at the time of MCD?
2. Suppose we notarise an affidavit and mention that no one will file any case against each other, then can she file a false case of suppose 498A, domestic violence, etc. after getting all her belongings? Because there is no trust or we cannot understand their intentions. What happens after that and will the affidavit have any value in the false case? Can I be secured against false cases by this agreement or she will have all the rights to do anything and the value of this agreement will be disregarded in the eyes of law?
3. Can affidavit be filed at Nashik instead of Ahmedabad, because my in-laws are saying that she will not travel to Ahmedabad anytime.
4. What is more secure, MoU or Affidavit or MOC?
Thank you in advance for your advice!
Regards,
A needy person
iftekhar Malik
21 July 2017 at 18:21
Respected Sir,
in a criminal case under section 376/ 363/120B and POCSO ACT section 8/12 , I/o, of the instant case submitted a xerox copy of ration card as a age proof .
whether it is admissionable or not ?
kindly reply with a case reference
sushma
21 July 2017 at 18:07
My brother got married to my sister in law, after i got divorced on mutual content she filed the divorce and 498 against our family. my name was also there wheras I didnt live with her any time. Can I remove my name from this case ???
Prosanta Ghosh
21 July 2017 at 17:31
My wife leave 05.05.2015 from my home. in the mean time we have contacted each other. Now i found that she got Ex parte divorce on 31.01.2017. But I didn't receive any kind of summon or meet any person with that kind of summon. So, my first query is that is it possible for her to get such kind of ex parte divorce while I was fully unaware of the proceedings? If so, then please help me so that I can proceed further to save my marriage as I don't want to get the divorce?
Md Imran
21 July 2017 at 17:14
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name in our Village, we currently stay in Bangalore..
Our grand father is also no more, my grand father had 3 Sons Including my late father. So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.
Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive. Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard. Thank You,
VIJAY
21 July 2017 at 16:34
Hi Experts,
My family members and one of my relative have been facing 498a case. The police have filed the chargesheet.
Before the chargesheet was filed, my relative filed quashing on the HC but only got a stay on the her. The case not progressed at all after that, my advocate said we'll see what the HC says in my relatives case and then we'll also appeal in HC. But HC did not pronounce anything and my relative has the stay. It's been over 2 years now but HC has not done anything and our case is not moving in the trial court.
After waiting for 2 years we filed a Discharge Petition for our family members but the judge just give next dates.
How effective is Discharge Petition in the trial court? My advocate that there is very less chance and the trail courts are afraid of HC asking them why did they release so easily and the trial courts will be accused of taking money. So the trial courts will not release anybody. Is this true?
I mean without any evidence how can we be attending the courts for years and what is this politics between the HC and Trial courts?
What are the next steps at this point to expedite the Discharge petition and what if the trial court does not even release anybody(even ladies) when they have no evidence in the case attached by the police and the whole complaint is based on oral story.
Aditya Dev
21 July 2017 at 16:00
i am a resident of West Delhi who lives in a society registered under Societies Registration Act. I have lived here since the inception of this society in 1998. Now the society office has filed a recovery of money suit against me under section 70 of the Contract Act demanding annual maintenance subscription from 1998 till present. In the plaint they have mentioned that it was decided in some meeting of which i was not a part of that annual maintenance shall be paid by the 1st week of April every year. Also in the plaint they say that the said amount is always shown in the account statement of the society.
Section 70 of Contract act : Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.
My Question is -
1 - Can he proceed against me after delay of 19 years just on the basis on account statements?
2- Will be section 70 relevant here for the said amount?? It is to noted here that i never gave consent to such annual subscription
3 - Also can i say that you can remove my name off the subscription list but you cannot force me to pay the maintenance charges which you have demanded as you never sought my permission??
Anonymous
21 July 2017 at 15:59
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name.
Our grand father is also no more, my grand father had 3 Sons Including my late father.
So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive.
Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard.
Thank You,
deepak
21 July 2017 at 15:51
respected members,
i am having a little query please answer the same.
a muslim women is married having one son, thereafter, she gave divorced to her first husband, remarry with other, after that she purchased a room. she dont have any child from the second marriage. her son is also married and having 4 daugher and 1 son.
thereafter in the year of 2000 women is expired, and son expired in 2002, in that case whether her grandchildren can claim her property? and under what provision?
please answer the abaovesaid query.
thanking you.
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How I get noc
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