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akhilvijayan   16 March 2015 at 09:33

Marriage under special marriage act of 1954

Sir,
I would like to know whether a boy could marry his father's father's brother's son's daughter under special marriage act of 1954. I know that this relationship is prohibited under hindu marriage act but this doesn't fall under prohibited relationship in special marriage act. We are really confused. Could you please help us?
Yours faithfully
Akhil

manikishore   16 March 2015 at 08:22

Help please

boy and girl were going to get married and 4 days earlier girl requested boy for outing and at night around 9 30 she requested for lonely place. there his lover came and through chilli powder in boy's eyes and pushed him due to which boy's knee got sprained. and lover took the girl with him on bike.
boy immediately filed FIR in near by police station. but since then police are unable to find lover and girl.

now what boy should do? can he go ahead for another marriage ( is it necessary to take no objection certificate from Girl's side before proceeding for marriage)? and what about recovery for lost expenditure in marriage?




But girl parents says as boy has taken girl for outing its now boys responsibility.
Next if he goes for another marriage boy fears that they would put case on him stating they got engagement done and now he is marrying another girl.
Please suggest

some of the objects are left with girl's side and when boy's side are asking it to return back, they say we will return you after girl's return.
what can be done?

main issue is when boy asks for no objection for further marriage girl's parents are objecting and says girl is still missing.what boy should do

Kunwar   16 March 2015 at 08:11

Complaint for domestic violence

Dear Experts,
My wife has filed a complaint in local police station regarding domestic violence for which Inspector has called me in Police station but i have not visited yet because of residing in other state due to job. In this regard our case is already pending in court that is i have filed RCR in July 2014 in reply of this my wife filed domestic violence case against me in September 2014. Since then only date is given by the court and only reply for the allegation were submitted by the both the parties. 1 year of marriage is completed on 8 March 2015. So my question is that what can i do in this circumstances because as per telephonic conversation between me and police inspector he is insisting me to take her back on the base of RCR, but due to quarrels and other things between me and my wife our relation should not be restored so i don't want to take her back. So please suggest me what can i do in this regard specially what reply i should give to inspector and what could be my next step.

rahul   15 March 2015 at 23:41

Section 138 Ni act

My uncle shifted from chattisgarh to maharashtra ,as he comes from other state he had no documents of maharshtra so i live here so he started one business ,he had taken one land on rent and started his business ,as he had no documents for registration of liscence of business he takes licence of land owner and opens bank account as patrnership firm of land owner and mine..he had given mine documents and land owner documents in band and started account but there is no partnership deed in account.but mine signature is autheroised on cheque .. And firm was registered on the name of land owner. Then my uncle started business with this account ..he had taken mine signature on all cheques and letter heads .. And started business after eight months my uncle commited sucide..and with the party he was doing business he had given him cheques of my signature now party had files a case on name of firm and bank account is on the name of mine and that land owner..
Now what to do how can we both come out from this..
The land does not made the rental aggrement with him..
But mu uncle had leaved a sucidal note in the name of party he had written that ...((name of firm) IS FIRM ME JO AAPSE LEN DEN HUA HAI USKI PURI JIMMEDARI MERI HAI ISME AUR KISI KA LENA DENA NAI HAI))

Please help me sirrr how can we both come out from this....

santosh   15 March 2015 at 23:31

correction of sale deed or alternative solution

Sir, I'm banker, on the basics of unregistered agreement, we sanctioned flat purchase loan to borrower mr.A, un knowingly mr.A made sale agreement in favour of his minor daughter age 14, as per bank rules sale agreement must be in the name of mr.A only, I'm nervous what to do. Kindly guide me..

chetan   15 March 2015 at 22:18

Sell deed cancallation

I HAVE UNDER PRESURE TO SIGN ON SELLDEED AND BUYER PARTY HAS PRESURE ON ME THAT IF I CANT SIGN THEN ANYTHING HAPPEN FROM POLICE WHO IS HIS FAMILY MEMBER SO I SIGN ON SELL DEED BUT NOW I APEAIL IN LOCAL COURT THAT CANCELL SELL DEED THROUGH MY CIVIL ADVOCATE.....MY CASE IS PENDING IN SURAT COURT
NOW I HAVE QURESTION THAT IT'S HAPPEN FOR SELLDEED CANCELLTION?

Shunny Nigam   15 March 2015 at 22:10

Deceased claim and sureties

Hello All
I wish to know that why bank ask two sureties when giving claim amount of deceased person to legal heirs after receiving affidavit and indemnity letter from claimants. After all its not loan that bank needed any surety.These days friends and relatives dont come forward for sureties, if person could not arrange sureties, is there any other option or person will not get the money at all unless he brings the sureties. Claim amount is less then 1.5lakh.

dineshchandra   15 March 2015 at 21:57

Foreclosure penalty in violation of nhb directive.

I foreclosed housing loan (from Non-Banking Finance Company) on 23/10/10 from 'own sources'. The loan was availed in 'individual' capacity. NBFC levied 2% foreclosure penalty, as per loan agreement. Then I got legal advice that in absence of RBI directive prohibiting foreclosure penalty, I had no choice.
Recently I learnt this NBFC actually comes under direct purview of National Housing Bank (not RBI); and NHB circular dated 18/10/10 prohibited collection of said penalty 'with immediate effect' if financed from 'own sources' by 'individual' borrower. On approaching NBFC, it refused to refund this sum. I got legal advice that I have already missed the bus (I should have approached consumer court by 22/10/12). Do I have remedy available; considering that penalty was levied in violation of NHB directive?

rethirajulu   15 March 2015 at 21:55

Agreemen to purchase a shop already in possession on rent basis

1.My relative had a shop on rental basis since 25 years.
2.The owner offered to sell his shop to my relative on 1989.
3.My relative agreed to purchase the made an agreement to purchase on 1989 & paid 50% out of sale consideration
4.My relative paid Goodwill also.
5.In 1990 my relative wrote a letter to the owner ready to pay balance amount for registration.
6.He replied, after returning from Bombay,he will arrange for registration.
7. Later, letter sent to the owner which is returned stating that he has expired.
8. In 1991 my relative sent a Reg post letter to the owner. No reply.
9.In 1993,the owner sent a notice to my relative to vacate the shop for their own use.
10. Reply was given.
11.1993,the tenant approached the owner(widow) & shown the letter of her late husband & received the balance amount for registration & said after Income tax clearance, registration will be done.
12.Later,the owner sent a letter to the tenant,stating that the property sold to another party.
13.In 1995, the purchaser sent a legal notice to the tenant to pay the rents.
14.The tenant replied suitably stating that she has already paid to the owner full sale consideration,waiting only for registration.
15.In 1996, a suit is filed in B'lore.
16.During pendency of the suit, the purchaser filed under HRC case which was dismissed.
17. Again, the purchaser filed another HRC case,got ex-parte order and got evicted from the shop. The then advocate & and the tenant both have not appeared, due to so many problems.
18. In os 2003
the court gave a judgement and Decree order issued stating that to execute the Sale Deed within 3 months by the owner,leaving the purchasers.
19.The execution filed in 2005,but the Judge gave a judgement on 2009 stating that the it is not executable due to already Sale deed made by the owner.
20.A writ petition is filed in High court in 2009, and the judge gave an opportunity to file R F A and withdraw
this writ petition stating that if your RFA is failed,your are at liberty to file for revival.
21. Now RFA is dismissed during 2014.
22. Now the writ petition is filed and admitted and waiting for regular hearing.

Whether I will get suitable remedies:-

a. from High Court to direct to execute the sale deed by the owners and the purchasers.
b. The lower court passed a Decree order to make a sale deed as per the law and also the same court passed another order it is not executable WHY.

ASMA SAVANUR   15 March 2015 at 21:35

Sec 494 and 406

I am a Muslim. Recently supreme court has passed an order that muslim men cannot take second wife without divorcing the first wife. Under the circumstances, whether muslim men if taken second wife will be covered under sec 494 and 406. My divorce petition is pending in the court since 2005. Since my husband himself is a lawyer he has been trying all his levels to adjourn the case for ten years. Since this judgement has come recently on tenth feb 2015, I would like to file a complaint with the police. Kindly help me in following the procedures like where the complaint to be filed, against whom all. Presently I am staying in Bangalore whereas my husband at Hubli. His Nikah was at Davangere in the Musjid. His parents and brothers and sister attended both the marriage and reception. Can I include the names of those who have witnesses the marriage. He has confessed in the court that he has taken a second wife. ( i do not have copy of the marriage certificate or nikah nama.) Kindly guide.

Asma