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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Suresh Babu Rai   23 August 2015 at 11:30

Gaurdian and coustody for muslim husband.

Respected Experts!
The wife ‘C’ (late) of my client ‘D’ was the only daughter of A & B, whose marriage was performed on 17.01.2014 as per the customs and traditions prevailing in the Muslim community, the C & D blessed with a female ‘E’ (Minor, born on 27.11.2014, now aged 4 months). C was suffering from breast cancer, but A & B suppressed the same and got the marriage. The Gynecologist diagnosed informed that since past a year, C was suffering with the cancer and C died due to cancer on 19.12.2014 i.e, after three weeks of her caesarian.
The last ceremonies performed and D very much attended. A & B, soon after the death of C changed their color and abused D for one or other reason even there is no fault of him. They forcibly took the custody of E from D and refused to handover. That since the date of death of the C, the E is with the A & B. There would be no welfare for E, if she continued with the A & B as the B is also suffering with the similar cancer and bed ridden. A & B are senior citizens. That the best interest and bright future of E demands that she should be placed under the care and custody of D immediately and further D being the fit and proper person entitled to act as guardian of E. Moreover, E is the only legal heir to the family D and there is no other child born. D repeatedly requested the A & B to place the care and custody of the E to D for her bright career and future, but the AB without any reasonable or probable cause refused to do so. D got issued a legal notice demanding the AB to place the minor child within ten (10) days from the date of receipt of legal notice. The AB tendered a reply notice wherein refused to place the custody of E into the hands D. As such I have approached court of law against the AB U/Sec. 10 and Sec. 25 of Guardians and Words Act-1890.
The AB appeared before the court and denied all the contents of my petition and more particularly alleged that “ the legal position laid down by all courts including the apex court that the principles in the relations to custody of the minor child are well settled in determining the questions as to whom should given priority who should be given custody, the paramount consideration is the welfare of the child and not rights of the parties under statue. That according to the ‘Guardianship’ under the Mohammadan law (Shariath) mothers mother is entitled custody in order to priority and therefore the B is entities to the custody of minor in question”.
But so far no such option or judgment is exists till to date! Is it so sir!
Thank you one and all!

Jitendra sharma   23 August 2015 at 11:20

date of joining seniority in other central department

I served for nearly 5 years in central govt. As class 1 officer and then got inducted into another department of central govt by interview basis only, in the same grade, but they projected it as direct recruitment or transfer basis. In the advertisement in employment news and appointment letter it was mentioned that seniority and service rendered would be counted for all purposes and pay protected. Now in the draft seniority list they have not protected our seniority as well as past service. What rules do we have to seek?? Pls clarify .

gourav   23 August 2015 at 10:51

dp 3 countercase

Sir can anyone tell the time period for dp3 counter case against bride side

MSRAO   23 August 2015 at 10:28

How much time can i take for appeal to high court

How much time can i take to appeal in HC after the judgement of district court

Anonymous   23 August 2015 at 10:05

Police verification for government job

Sir,2 years back a family dispute has occurred in between my father and my uncle. So both approached police station and both complained against each other and gave some written complain.after that police said to terminate the dispute by mutual discussion. And in our village the matter was solved and a panchayat patra was signed by my father and uncle and some prominent person present there.priorly the complain given by my uncle was included name of every members of my family Including me.now the matter is solved and a copy of papanchayat patra was given to police station. Sir I want to know is there any threat for me in getting government job?

Anonymous   23 August 2015 at 10:03

Police verification for government job

Sir,2 years back a family dispute has occurred in between my father and my uncle. So both approached police station and both complained against each other and gave some written complain.after that police said to terminate the dispute by mutual discussion. And in our village the matter was solved and a panchayat patra was signed by my father and uncle and some prominent person present there.priorly the complain given by my uncle was included name of every members of my family Including me.now the matter is solved and a copy of papanchayat patra was given to police station. Sir I want to know is there any threat for me in getting government job?

bhat   23 August 2015 at 09:59

Professional charges

What is the limit for deduction of TDS on professional charges, for single transaction & for all transactions in a year

Adv B.B.Gambhir #9814820602   23 August 2015 at 09:58

Civil suit

Charanjit singh filed a suit for declaration that my father Natha singh is missing from 10 years and he presumed dead against brothers mother sister of natha Singh and further claimed share being coparcener Now at the stage natha Singh appeared and submitted his affidavit and other proofs of living. What should I do now how can I claim the share in property

Shagun Sharma   23 August 2015 at 09:47

child custody documents

I got divorced under section 13(b) of hindu marriage act 1955 in 2008.how can I get custody documents or a court order in which it is clearly indicated that biological father has no access/custody rights of the child and the custody of the child is with the mother and a written permission from court to take the child out of country.The child is living with me and I am maintaining him alone since 2004..

Anonymous   23 August 2015 at 09:43

child custody documents

I got divorced under section 13(b) of hindu marriage act 1955 in 2008.how can I get custody documents or a court order in which it is clearly indicated that biological father has no access/custody rights of the child and the custody of the child is with the mother and a written permission from court to take the child out of country.The child is living with me and I am maintaining him alone since 2004..