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Queries Participated

ChandanLawyersclub   15 September 2015 at 10:49

Marriage break down due to not having child (family law)

Dear Experts,
Husband and wife are married from last 12 years no kids due to some medical issues of wife.
Wife has decided not to have kid/ not willing to adopt/ not willing to take any (ART)treatment, husband is very keen for kid. Husband has some hope during last 4-5 years wife will change the mind. Husband has tried through all family members, till date, he had some hope but now lost. Wife is not willing to take responsibility of child. Wife tells husband forget about child. If he want solution, go to court and contest case, which she will drag for minimum 10 years. By the time husband will be 51 his own biological fertility down. Due to big delay in justice husband is not willing to file contested divorce case. For MCD many times he has spoken to wife, she is not willing. Wife has got sufficient money and job, she can survive without maintenance, so will drag case years and years, she has no plans to remarry again. Husband and wife relation is not working due to husband wants child, wife do not want.

1. Can husband file a petition in court ( family or HC)to allow him adopt a child as single parent since husband is sufficient financial and family support to raise child?. Will court allow such petition and act on?

2. If husband goes for live in( not marriage) with a unmarried women and have child( 497,494 IPC should not be applicable), but wife can file divorce and grounds of civil adultery and 498A/ DV. Husband also wants divorce. I think no one from legal fraternity will suggest this, but if husband adopts this as last resort. How maintenance of wife will affect in such case if she files the divorce case latter on. Any bigger criminal IPC also can come in picture(other than 497,494 IPC) ?

3. Can Husband's married brother/ sister( all have 2kids), any brother& Sister In Law adopt a child for his brother ( husband), which husband will raise . Since all his nephews and nieces crossed 15 years, no small kid in family?

Pl. through some light on these points.
Regards

Chandra

Anonymous   19 December 2010 at 00:35

Revision against acquittal

Is revision before sessions court or High Court maintainable against acquittal?

Anonymous   04 December 2010 at 17:00

Counter claim in HMA cases is permissible or not

R/Members
My friend's wife has filed a petition us 9 of HMA now my friend wants to file divorce petition as counter claim in same petition us 9 of HMA,is it permissible,kindly suggest.Thanks

Member (Account Deleted)   15 November 2010 at 20:37

admissibilty and relevancy

1. What is the difference between admissiblity and relevancy of a document ? What are the legal consequences thereof ?

2. Whether is it true that once the document is relevant it has to be admitted ? (Section 136 of the Evidence Act as it appears to me on a bare reading gives me such an impression) Please kindly correct my impression, if need be.

3. All admissible documents are relvant but not vice-versa. How far this is true.

4. Whether once the documents are admitted the contents thereof are deemed to be proved or that they have to be proved as per the law of evidence. According to me the latter is correct? please kindly tell me the correct position.

Member (Account Deleted)   15 November 2010 at 20:19

interlocutory orders

whether an order passed on application for production of documents is an interlocutory order ?

what are interlocutory orders under CPC ?

What is the true test to distinguish between the interlocutory and the non-interlocutory orders ?

ess   15 November 2010 at 08:15

Admissibility and maintainability

What is the difference between admissibility and maintainability of a petition ?

ganesh   12 November 2010 at 22:49

lease

whether a lease deed for a period of 12 months should be registered according to sec.17 of registration act?

Anonymous   12 November 2010 at 21:26

writ petition

DURING THE PENDENCY OF WRIT PETITION, THE DEFENDENTS HAVE SOLD THE PROPERTY AND AGAIN THE PLAINTIFF HAS FILED A WRIT PETITION AGAINST THE DEFENDANTS AND NEW PERSON WHO HAS PURCHASED THE PROPERTY DURING THE PENDENCY OF THE SUIT, FOR CANCELLATION OF THE FRADULENT INSTRUMENT( SALE DEED) DURING THE PENDENCY OF THE WRIT. IS THE PLAINTIFF CORRECT IN ASKING IN WP TO SET ASIDE THE FRADULENT INSTRUMENT WHICH WAS DONE DURING THE PENDENCY OF WRIT PETITION?

Anonymous   12 November 2010 at 20:49

Criminal Revision

Whether taking of cognizence is an interlocutary order or final order.Whether one can file revision in district Court against the order of cognizence , if the cognizence taken by a magistrate trible by himself.Please reply me alongwith citations

kiran   12 November 2010 at 17:24

Right of admission reserved

I am running a small hotel.
And I would like to know, how can I apply for "Right of Admission Reserved" for my hotel.

Thanks and Regards,
Kiran.