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Abdul Ravoof   12 May 2009 at 19:09

SETTLEMENT FROM UNDIVIDED SHARE- MUSLIM

Can a Muslim widow make "settlement deed" of her share from the undivided property? Because some of family members are not ready for partition and this widow worried of her life present. Hence, the widow wanted to make settlement during her life to one her daughters who take care of this widow. Please advise.

Thanks A.Ravoof

Member (Account Deleted)   11 May 2009 at 22:29

Prohibited Degree of relationship

one male hindu person wants to marry his cousin (dauhgter of mother's sister).
There is no custom prevailing in this case.
1. Now if they marry what shall be legal consequence?
2. What shall be status of their children?
3. Can they subsequently register the marriage?
4. Can a third person bring a suit against them under section 18 of Hindu Marriage Act?
5. Any case law on similar fact?

Ria   09 May 2009 at 17:30

Failure to file Vakalatnama

Respected Experts,

Iwould like to know who appoints the judges of fast track court at the district level.

Also during my previous hearing since my lawyers from a very reputed women's NGO failed to file a vakalatnama since the last 4 hearings even after paying their requisite fees in advance and take necesary steps to take the case forward even after having many evidences in my favour, I myself moved an apllication seeking grant of ex-part due to failure of conducting cross examination for 3 years by the repondant.

The judge has signed the ex -parte application stating "Other side to say". Since my lawyers did not file the Vakalatnama can I inform them by phone that they need not appear for the case hence forth and proceed with my case as party in person.

Satish   09 May 2009 at 07:43

Divorce & Stridhan

One of my lady client has filed s. 13 & s. 27 HMAct and 125 CrPC against her husband.
Husband appeared , filed w.s. in all the three cases. The case u/s 13 & 27 HMAct were consolidated by the court in an earlier date.
In last date husband filed a four line application in divorce case that he is giving his consent for divorce and the divorce case should be decided.
The court also became ready to pass the decree in divorce without deciding the other pending cases U/s 27 & 125.
The husband comes from Chennai & we know that after getting divorce decree he will not turn up in other cases.
We want that all the 3 cases should be decided simultaneously.

Now,
(1) Whether the Court can decide divorce on the basis of consent given by husband?
(2) Whether the divorce case can be decreed without deciding (before) s. 27 HMAct?
(3) If no, pls give any latest caselaw.

Satish   09 May 2009 at 07:21

S. 27 Hindu Marriage Act

Pls. any expert member provide me the full judgment ---

Dharmbeer vs. Vimlesh Kumary 1985(1) HLR 187 (Del. HC)

And also pls give the citation of any other journal as I can,t get the HLR (Hindu law Reporter).

Thanks in advance.
Pls. its urgent.

Satish   08 May 2009 at 23:06

S. 27 Hindu Marriage Act

Pls. any expert member provide me the full judgment ---

Dr Suraj Prakash vs. Mohinder Pal Sharma 1985(2) HLR 632 (Pun. & Har. HC)

And also pls give the citation of any other journal as I can,t get the HLR (Hindu law Reporter).

Thanks in advance.
Pls. its urgent.

Chetan   05 May 2009 at 20:07

Regardign Divorce

My client married on 22/04/06, having a son 14 months.

Now the person wants divorce wheresas he told me that the wife is frequwntly visited her parents house and stayed there near about 2-3 months, The wife is not ready for divorce. therefore, the wife resides in her parents house ner about 25-26 months.

What to do under such circumstances. Under what ground the divorce petiton is filed Pls case law

yogesh   05 May 2009 at 12:30

heir not consenting

my father has appointed me as executor and major beneficiary in his will dt 8-6-2001. he expired on 3-8-2001.will was subsequently registered post death on 4-2-2003 at mumbai. for father's half share in a flat at ahmedabad i applied to apartment owners' association to transfer fathers' share in my name on basis of will. instead of giving consent my younger brother falsely asked society not to transfer flat without his consent saying that father has died intestate.when i have given registered will why can society not transfer deceased's share without brother's consent? my father has kept brother out of his estate as his behaviour was very rough with him. i have proof with me on record of my brothers's acceptance and awareness of father's will.

RAKHI BUDHIRAJA ADVOCATE   04 May 2009 at 17:31

quantum/proportion of maintainance from the income of husban

In one of my case the Hon'ble Court passed Rs. 2,000/- as interim maintenance, without giving the opportunity to defend the husband whereas the income of the husband is Rs. 5,554/- per month. Out of whish he is used to pay Rs. 2,000/- as rent for the accommodation where he resides. Besides that there are many more expenses for daily routine. More over, he is used to come at Delhi from Surat to attend the court proceedings. Against that order I'd filed a revision petition for which the Hon'ble court had asked me any judgement or law regarding the specific quantum of the amount of maintenance for the wife out of the income of the husband. If any of my friend has plz. refer me the same. Its most urgent. Plz. Thanx in advance.

Ranganath   30 April 2009 at 14:03

Annulment

Ld counsels,

Wife has filed annulment of marriage on the grounds that husband was allegedly forced into marriage. If the husband contest the case, annulment may not be possible. But on the same proceeding if compromise need to be arrived is it advisable for the couple to say that both did not give full consent for the marriage and the marriage was performed mainly because of the personal preferences of the parents of the couple. The marriage lasted for only 6 days and non-consummated.
If this is the stand taken by the couple will the marriage be annulled on the proceedings initiated by the wife.

Husband as also filed a restitution and one couseling session is over on that. Since husband has filed restitution is there any harm in the reversal of stand taken by husband in the nullity proceedings.

Please clarify.