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SHIVAJI   27 December 2009 at 21:48

DIVORCE OR SEPARATION

I am 45yrs separated by wife for last 5 yrs with children in her custody. Reasons best known to her. My query:- can i ask for divorce or legal separation. What is difference between divorce and separation and what are the related issues.If there is something like legal separation then can i remarry or not. Please advise.

BHUPAL SINGH   27 December 2009 at 08:25

Hindu Succession Act

Dear Sir,

A father ( r/o Haryana) inherited Agriculture Land from his father. He has 2 sons & 2 daughters. Please clarify the following--
a. Is a Will in favour of only one son (depriving the second son from his share), legally alright under Hindu Succession Act ?
b. Can the married dauthers or their descendants ( i.e. sons & daughters) also demand share in this inherited Agriculture land ?

Please quote the relevent sec of Hindu Succession Act where applicable.
Also kindly quote relevent judgements of High COurt / Supreme Court where applicable.

Bhupal Singh

Anonymous   27 December 2009 at 01:02

advice needed

can a person file divorce when the proceedings of 498a, 125 is going on.

Anonymous   26 December 2009 at 18:15

Proof of income and assets

If a mother claims for maintenance from her expatriate son declaring that she has no income,how can son prove that mother has assets and income?Everyone hides his or her own income.Can son pray for an inquiry or assessment by income tax authority to determine the actual and/or declared assets of his parents?If father states on email that he has certain amount of assets, can this email be considered by maintenance tribunal as sufficient proof of parents income?What criteria is adopted by maintenance tribunal to ascertain claims of insolvency by parents?Can the maintenance tribunal ask petitioner to prove his/her insolvency?

s.v.goplani   26 December 2009 at 14:38

Hindu Succession Act

Dear sir,
Whether son is liable to pay personal loan outstanding of expired father ? if yes/no then under what section. (my query is for hindu act succession act) Please guide & oblige. Thanks.

Anonymous   25 December 2009 at 20:34

divorce and jurisdiction

respondent is a resident of U.S.A and petitioner ie wife files divorce in india.how can the respondent cleim that indian court has no jurisdiction?

Anonymous   25 December 2009 at 12:42

Maintenance Tribunal for mother while father is alive

1.Can a mother claim maintenance from her expatriate son under Parental Maintenance Act2007 in maintenance tribunal while her husband is still alive,financially very rich and has never left her alone?This mother doesn't have any property of her own-everything is in her husbands name.But she has lots of jewellery and earns rental income of >4000.00Rs.per month and she has Rs.4lakh Kisan Vikas Patra.

Anonymous   25 December 2009 at 02:08

Hindu Marriage Act

Respected Experts,
Please, read the sub clause (ii), of Hindu Marriage Act.

5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

(ii) neither party is an idiot or a lunatic at the time of the marriage;
Now my questions are -

What is the definition of an idiot and lunatic in law? What will be the consequence if they get married? Is major depression comes under the above? Please answer.
Thanks to all.

Rajesh Rathod   24 December 2009 at 16:16

Divorce

Respected Sir(s),

I do have one query. One of my friend seeking divorce as soon as possible. Please find complete detail of matter as below

1) Husband is working in ahmedabad.
2) wife is working in pune.
3) marriage duration - 9 years.
4) for 5 years they were not able to meet together because of job and problem between them.
5) Now relative of wife are saying that they dont want to talk on divorce for next 1 year.

Please let me know if more details are required to understand the matter.

Please give me appropriate remedy so my friend can be out from this problem as soon as possible.

Thanks in advance.

Anonymous   24 December 2009 at 10:26

Maintenance in Divorce Case

Hello Sir,

My husband has filed for divorce and I am planning for contesting the case because I want to retain my marriage but I dont have sufficient money for the fees of lawyer and to run my home on monthly basis. So in this case, if I apply for maintenance ( I am not talking about interim maintenance), then will judge think that I am ready for divorce but I want only maintenance and will grant divorce to my husband ? Because judge is nothing but a human being who can think this way too. Pls tell me the effect of my applying for maintenance on my entire case. Which section I should refer for maintenance.
Thank you