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Himanshu   30 January 2010 at 22:09

Quashing of 498a

Dear members Plz advice me on the following points.
(A) Is it possible to quash 498a/406 immediately after first motion of Mutual consent divorce or one has to wait for six month after getting divorce decree.
(B) Can a daughter claim her rights on property/assests or demand any maintenance from her father once she have age of majority (18 yrs). Custudy of the daughter is with the wife and the husband has paid lum sum amount for full & final maintenance for both wife & daughter.

Himanshu   30 January 2010 at 22:07

Quashing of 498a

Dear members Plz advice me on the following points.
(A) Is it possible to quash 498a/406 immediately after first motion of Mutual consent divorce or one has to wait for six month after getting divorce decree.
(B) Can a daughter claim her rights on property/assests or demand any maintenance from her father once she have age of majority (18 yrs). Custudy of the daughter is with the wife and the husband has paid lum sum amount for full & final maintenance for both wife & daughter.

pramod   30 January 2010 at 20:30

inability to initiate a method of settelement.

Respected Experts and Dear Members,

Please help me to understand from this tricky situation of a family settlement matter. Husband had filed a divorce petition in a Family Court in the year of 2005 June, immediately after the marriage of two months period. This is mainly due to wife’s deep mental illness which family members had very clandestinely hushed up at its initial period. Later, Husband left India for his employment in Oman. The petition got dismissed due to non appearance.

Little later, Wife had filed 498A and 420 along with Petition for maintenance. Arrest warrant has been issued by the Criminal Court against Husband. Family Court has passed maintenance Order. Last five years Husband could not come to India due to fear of arrest and embarrassment. Thus a process of settlement is now taking place between the people concerned but with lot of slippery and confusions. Relatives of Husband are willing to give them a Lump sum amount as compensation along with Wife’s all other gold ornaments. Relatives of both parties decided on all the terms and conditions and calling the Husband back to India. Thus, decided for divorce on mutual consent and withdrawal of criminal proceedings. Unfortunately, relatives of Wife are demanding all payments and gold ornaments well in advance before the proceedings. This has been objected by the relatives of Husband. At presently Husband is here in India.

Relatives of Wife are not trust worthy, over of period of last few years there were several amicable efforts have been spoiled by them. More over, situation is getting quite worse now particularly Husband being stationed here in India.

Therefore, it is a humble request to all Respective Experts and Dear Members to suggest an earnest way out. Thank you.


Dadi Uma Mahesh   30 January 2010 at 19:07

Please Provide the following Document attachments

Please Provide the following Document attached:

1.Sample of how does the Court Summons look like?

2.Sample of How does the Court Decree Look Like?

3.Sample of how does the Vakalatnama look Like?

4.Sample of how does the Court Order or (Injunction)look like?

b.s.aravinda babu   30 January 2010 at 16:04

marz ul maut

Sir,

Can a gift deed executed by a muslim woman and registered, be attacked on the ground of marz ul maut?

A line in reply with citations, if any, would be highly appreciated.

Regards,

BS Aravinda Babu

Anonymous   30 January 2010 at 15:38

BASICS OF FAMILY LAW

For more information and help visit www.airyourlegalqueries.com

Selvam Perumal   30 January 2010 at 09:32

Clarification requested reg. Christian Personal Law

Dear Sir,

Kindly clarify the following points:

In a Pondicherry State if the parties are Christians and the Wife and her children
intends to file a suit for declaration of legal heirs, whether she has to
implead her mother-in-law (as we implead under Hindu Succession Act).

Kindly clarify this point, Sir.

Thanks and regards.

Dadi Uma Mahesh   29 January 2010 at 21:43

Right over Mother-in-law`s Property

Can a deserted wife claim Property of Mother-in-law`s property in her Maintainance Petition in response to Divorce Petition Filed by Husband.

Anonymous   29 January 2010 at 18:44

BIGAMY-Un Married girl

i am hindu.my wife desrted me one year ago witha a child.i tried her to get back my home where i am working as a govt employee.but she wants me to transfer to her parental town.i need to take care of my old 65 years father.after one year of desertion i am living together with one of my fathers relative of unmarried girl without marriage and with my father also with her parents consent.and she is studying degree.in view of society we are married couple.but there is no any record of "i am her husband"like college admissions,hospitals....photographs..no birth of child also ...etc
now my wife wants to file a "BIGAMY" case on me.what type of evidences can court ask to prove it?what provisions in law to prove BIGAMY in this particular case?

Anonymous   29 January 2010 at 18:27

married man with an unmarried girl comes under bigamy?

i am hindu.i am living together with an unmarried girl (mothers relative) after one year of my wife desertion.she carrying MANGALSUTHRA on her neck.it is the only society presuming that we are married couple.is the live in relationship with an unmarried girl comes under bigamy?under what provisions of law?