Ashraf iqbal
08 November 2014 at 21:33
I ask this question for a friend of mine. He had married a women who was married twice before. She had a son 10 years old from her 2nd marriage. He adopted the child verbally ( no written adoption done) when i say adoption it does mean in literal sense. He said he would take care of the child as his own. But after couple of months his relation with his wife became very troubled. She has thrown his items out couple of times from her rented house when they had fights. in short it reached a stage where he understood that it was impossible to carry on in that relationship even though he did whatever he could.He reached a stage where he had to go and see a phycatrist because he could sleep well. Now at this he was suggested by friends that the best course would be to separate if the relation cannot be mended. He went to kazi who suggested that talaq can be performed but he has to be sure of his decision. he was sure and did not need any more time to think because he was very sure that the relation was damaged beyond repair. He performed talaq in presence of kazi and two witness and it was send to the lady with the meher amount and three months expenses (DD). it was sent by post and proof exists. The lady has received it and is not accepting it,though the kazi says it is final (talaq e bain) as it is said three times in the talaq. She is now challenging it in court. Is it a valid talaq. Because after the talaq he was feeling much mental peace but this new thing has come up. She is also asking for monthly expenses for her son, though she is at the same time fighting a case with the biologic father of the child and trying to extract money from that side also. Kindly help in this regard. Can some one give references of supreme court where talaq e bain has been up held.Kazi holds his ground calling it a valid talaq
Sheetal
08 November 2014 at 20:28
Sir,
If a person brought a legal action which is regardless of its merits solely to harass opponent. That is to say filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother and annoy to opponent merely with intend.
So pls reply how to prove ;
1) Abuse of the judicial process.
2) Which types of evidence required to show it is Vexatious litigation
3) Admission of concerned affidavit in the court is sufficient for that.
Please give me reply as soon as possible
Thanks
RK YADAV advocate,09899944433
08 November 2014 at 20:00
What is the criteria for jurisdiction in divorce cases for Christian on ground desertion.
Lorax Michael
08 November 2014 at 19:58
The School authorities have asked us to change the school of our children by next financial year as we are residing 25 Kms far from the school.
However I would like to mention a few points:
1. At the time of admission we were residing within 2Km range of the school till my elder daughter reached class IV and younger one reached in class I.
2.Two years back we shifted to our own house which is 25 Kms from school
3. we are managing on our own with no problem either to the children or to the school.
4. Kindly let me know if there is any rule / norms which restricts a child's education in a school that is beyond 8-10 Kms from her residence after she has been studying there for the last 8 years
5. Can the school challenge the continuity of education on the above basis.
ARUN KUMAR YADAV
08 November 2014 at 19:44
sir my self arun yadav,mere baba ki property meri grand step mother se 2 logo ne old age pension ke bahane gift deed registerd krwa li.mere baba ki dead 1996 me ho chuki hai .ab iska waad court me pending hai. kya ye gift deed cancel ho skti hai. meri grand step mother abhi jinda hai . aur unse koi bhi bachcha nhi hai. plz help . thanx all respected advocate sir.suit for declaration ka case pending hai. meri dadi ke name se. kya mai apne name se bhi case file kr skta hu.bcz ye mere baba ki property hai.plz isse releted koi case law ho to send kr dijiye . plz ya fir koi sc ki rulling ho .plz
M Shanmugam
08 November 2014 at 19:41
Dear Sir/ Madam,
I am a Central Government employee currently holding the post of Stenographer ‘D’ in the Ministry of Finance, Department of Economic Affairs, under CSSS cadre (Select List 2011).
Subsequently, in the year 2013, I had again appeared for SSC exam and selected for the post of Stenographers Grade ‘D’ under CSSS cadre in Department of Science and Technology.
Since I am already holding the post of Stenographer ‘D’ in the Ministry of Finance under CSSS cadre, the DoPT does not entertain my application and they have not yet forwarded my dossier to Department of Science and Technology for issue of offer letter.
I had also written to them many times to process my application, but so far nothing happened. What should I do now? Kindly advice.
thanks & regards
Shanmugam
tushar
08 November 2014 at 19:41
Dear Sir,
One building neighbor had deliberately pushed me on matter of maintenance money. I had registered a NC at police station and at the same time he also registered a cross NC. police have registered IPC 323,504 and 506 in both person NC. after 1.5 month, police have put chapter case on me under 107 on basis of only one NC(that too cross NC) but police have not served 107 chapter case on opposition, though I was the first to register NC. Police are pressurizing me to sign the bond. Pls advise what can be done. Is there possibility that opposition has forcedfully asked police to register a chapter case on me on basis of their influence or bribe
M.K.MISHRA
08 November 2014 at 19:39
My daughter aged 27 years left the home and got married in August 2014 with the son of her mother’s sister; in brief they are sapindas being daughter and son of two sisters as law laid down in Section 5 (v) of H.M.A. Both of them had filed false affidavit that they are not close relatives to each otheras per Hindu law and got married in Arya Samaj Mandir.
The married couple is living at some unknown place in India. Police authorities are supporting the boy’s family and married couple for some vested reasons.
As a father of daughter I wish to file a petition in Civil Court to get marriage declared null and void because the custom and society does not permit the above said marriage in Brahmin’s of Hindus of central India .
You are therefore requested to kindly suggest
(a) Whether a father of daughter can file a petition to get marriage void ?
(b) Where to file petition means in Family Court or Civil Court or in High Court ?
(c) whether my petition will succeed?
Please suggest any other way to get my daughter back because the boy has used the black magic / muslims nushke to had vasikaran on my daughter which I cannot prove and neither Court of law believe it.The boy’s family supports him for this illegal marriage.
An early reply is humbly requested .
With regards,
Ramesh
08 November 2014 at 19:17
In the year 2007 there is theft took place in our pump at Jaipur. Rs. 200000/- stolen by unknown person from LOCKED DRAWER by force and break the drawer. We immediately inform insurance company about the incident and lodge a police complain (FIR)and police investigation is done and report issue by police.
Insurance company denied to pay claim saying (Surveyor)that records and accounts are not maintain properly.
We went to consumer forum were loss the case and then went to state forum case decided in our favour.
Know the insurance company went to national
forum. Kindly advise
1.How should we proceed further.
2.How to handle the case from Jaipur as we do not have any contacts in Delhi.
3.Approximate expenses to fight case at Delhi in National Forum.
4.We have to report on 25th Nov, 2014 at Delhi.
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Can we spend more than 50% money of our union fund?
Dear Sir,
We are the members of a registered trade union under The Trade Union Act , 1926. We have general funds of the union of few lakhs. Recently we have decided to celebrate the foundation day of our union in December, 2014 where we want spend more than 50% of our fund in the form of gifts, community lunches etc to our members. Some of members have raised objections that this huge amount of money can be spent as it is violation of sec-15(j) of The Trade Union Act.
[ sec-15(j)- the payment, in furtherance of any of the objects on which the general funds of the trade union may be spent, of contributions to any cause intended to benefit workmen in general provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year;]
Sir Kindly advice us whether spending of more than 50% of our fund in the form of gifts, community lunches etc is violation of sec-15(j) of The Trade Union Act.
Regards,
Sankar