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gunjan aggarwal   27 September 2009 at 13:34

visitation rights of a father under wards and guardian act 1

i am contesting a guardian ship case of my daughter of 4 yrs old with my wife.she has abducted the child directly from the school on 4 th aug 2008.my wife is doing two jobs .she is out of her house from 8 in the morning till 9 in the night and also works from her house for a second job.the house in which she is living has a boys hostel on the ground and first floor and my wifes mother is also running a beauty parlour from that very house.i have given proofs of all these things to the hearing judge and she has denied all these facts.apart from this my wife also getting treatment of manic depression for the last 2 yrs.what are my chances of wining and whether i can get atleast visitation rights to meet my daughter

Ravi   26 September 2009 at 20:33

Need immediate advise

Hi Friends,
My sister got married last year and she has a baby of 8 months old. Her father-in-law is working in a Police department.
Recently we came to know that brother in law is searching for a girl through online in the matrimonial site and also was chatting with few girls. We have the proof of his ID which is used to chat with girls and also he has mentioned his mobile number and his pictures to contact girls.
But there family is not believing that his son has done all these things.
He had taken all the gold which we had given during marriage to get the money. Brother in-law is also drunked. We are really family of orthodox. During marriage they demanded for a Lakh, from that money they bought the Car on my sisters name.

Our family is really tensed and worried how to handle this. We don't want to ruin my sisters life. I would really appreciate if anyone here can give advice. We stay in Bangalore.

Thanks

Amit Goyal   26 September 2009 at 17:21

Sec. 13-B of hindu marriage act

Both the parties to marriage filed petition u/s 13-B. and a date after 6 months fixed for reconsiliation but on that day if one party never comes before the court ... can the court passed decree of divorce with consideration that the consent given at the time of filing of the petition is still continuing becasue that party never withdrew his/her consent.

Ramesh   26 September 2009 at 10:11

Will -implimentation.

Dear LCI friends,

In case of a Will Without any property details and Testatrix uses, the wording

1) "All my remaining lands which are either in my personal cultivation or under tenants are bequeathed to MR.'X'; After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from persons in occupation and take possession of the lands which are under my occupation".

2) "Any property which is not expressly specified herein shall be inherited by Smt. 'Y'."

What will Mr. 'X' 's & Smt.'Y' 's Claim.

with regards...

kiran   26 September 2009 at 00:44

Divorce by muslim wife

1)There is an establish practice in muslim law that husband by pronouncing talaq gives diverse to his wife. If a muslim lady/wife wants to give diverse to her husband, whether the personal law permits? what should be the procedure? How provisions of 'Khulla' will be applicable.
2) If a wife of muslim without diverse, wants to convert herself to hindusm whether she can convert herself?
3) By desertion if muslim lady resides away from her husband along with her three minor childrens, whether religion of the minor childeres can be changed only at the instance of mother / without consent of her husband?
please guide. Thanks

ABC.......   25 September 2009 at 01:37

Section 9 HMA

Can a husband file a case for divorce if he has already filed case u/s 9 of HMA. What are the possible ways of taking divorce in this case.riven

attenuator   24 September 2009 at 15:19

wife's share of husband's property

Dear members,
I shall be greatly obliged for your kind suggestions concerning the following matter:
I have been married (arranged) for exactly 13 months now but have lived together for only 5 months (from april-aug 2009), as immediately after marriage, I had left for completion of my PhD abroad. Now for the past one month, my wife has been living with her parents after imposing all nonsense and false allegations on me. I do not know anything about their intentions but apprehend that they may file a false case if the results are not to their satisfaction. In this regard, I have a few queries:
1. Since, the property (a duplex house) is on my name, does my wife stand any chance of claiming any share after we get divorced ?
2. Is there any law wherein the dowry is returned after divorce. I ask this as there was no written agreement between both parties ?
3. Since, I am unemployed and not in a position to pay the alimony, will I be instructed by the court to somehow pay it. For your information, we do not have any children as of now ?
4. Also, as far as alimony is concerned, I would like to know how the rules change in case we have a child ?

I shall be extremely thankful if you all could help me out from this extremely unfavourable situation!riven

Atish   24 September 2009 at 08:56

CUSTODY OF 12 YEAR SON IN MUSLIM LAW

I was told as per muslim law afetr the age of 7 yaers the father always is the custodian of the son until proved that he is not capable of taking proper care and needs of the son.
In the past month the custody was given by court to the father for the holidays and the mother was denied after the son in court after being with the mother for one hour alone told the judge that he wants to be with the father and if mother wishes then should come home.
Because of uneasiness in boarding the son refused to stay and the father put him in a local school as day scholar.
The mother had left the house much befor e the divorce petition reached the father without anyones knowledge.
Both elder son of 22 years and younger son of 12 years are ready to state that they want to be with the father.
Can the court still force the custody to be given to the mother.
Would appreciate your kind answer at the earliest.
riven

ABC.......   24 September 2009 at 01:13

Domestic Violence Act

If wife has filed case under DV Act and court has ordered and provided residence to her. Is it compulsory for wife to stay in that house for full time even if she doesnot feel secure there. Are there any chances of filing complaint my husband and in-laws if wife is not staying there and reversal of order by court. Plz advise.

riven

Atish   24 September 2009 at 00:27

In The Dissolution of Muslim Marriages Act, 1939

In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years. Can the father if he is rightly the custodian change schools without the mother's permission for the betterment of the son.riven