LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ranganath   30 April 2009 at 14:02

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.

Ria   29 April 2009 at 11:41

Divorce & maintenance

Mine is marriage petition pending in the court since 5 years, for 4 yrs and 3 months my husband was paying me maintenance now since my lawyer has resigned from her law firm she is not appearing for the case, my husband has stopped paying maintenance since then that is 9 months, the case has now been transferred to the fast track court, and my husband & his lawyer has not been appearing since the 3 hearings and when our current lawyer called my husbands lawyer they pleaded ignorance of the matter being transferred to fast track court, even the judge has decided to give my husbands lawyer a notice intimating the transfer of the case to fast track though a notice was put up about the transfer in the previous court, my lawyer also seems not argue properly, even my husbands lawyer has not conducted my cross examination since the last 3 years. Please advice Iam really suffering a lot .

ashish   28 April 2009 at 18:47

family decree order

Our being joint family.Our uncle and my dad live together from thirty years. they dont have any property from there father .everything is being created by both of them. my uncle has made a decree order that everthing created by me only and for sake I have made some property in brother name. and my dad has signed the decreee oder before district court . Now we are living seperatly from my uncle .Now i come to know abount this decree oreder after one year. how can I legally chllane thi order plase guide me.

Madhavi   28 April 2009 at 10:51

this is continuation

Hello all respected experts

My case is still pending with Human rights organization .And they gave us decision to stay together in a rented flat but at place selected by .
My husband not ready for this settlement .
And again husband has put a complaint at Stree mukti sanghtana for the family issue .
For this matter the people have called me to discuss .
Now i am under confusion when the case is still pending with Human rights and the decision is already given by them how can my husband go to another sanghtana and ask solution ?is it right .
And am i supposed to visit this sanghtana and discuss the issue ?please suggest
when i asked the human rights organization they said as per my permission they can apply for 498 and ask for maintainence .

But becoz of fear i would go for Judicial separation saying my husbands behaviour is not proper and so i am requesting to the law for separation and also will ask for the half of the salary from husband (for me and baby) even though i am working in good organization .will this be rightful or can someone pls suggest .Actually speaking i am afraid of putting him behind
bars as this will if in future will create a mess for me or my baby .




DEVENDRA   23 April 2009 at 08:09

form of talaknama

whether there is prescribed form of talaknama ?
i have heard about such form prepared by muslim board.
what are necessary contents ?

DEVENDRA   23 April 2009 at 08:06

form of talaknama

Whether there is prescribed form of talaknama ?
I have heard about form prepared by muslim board.
From where i can get it ?
what contenrs are necessary in it ?

Ravi   20 April 2009 at 15:26

Liabalities of Father

Dear Experts,

Please help me on problem. The story is

We are 3 brothers and one sister. My 2 elder brothers (Married) are working in ONGC and i (Single) working in Delhi.

Recently my father passed away. He had liability of 4Lakhs. He has neither given any property us nor no property on his name and my mothers' also.

Kindly advise me his liabilities are to be borne myself or not applicable to us.

Looking forward for your valuable reply at the earliest

Thanking you in advance

Regards
Ravi

Madhavi   20 April 2009 at 14:54

for maintainence

Last week i had put a query regarding physical and mental torture done by my husband .
wherein Uma madam had given me good suggestion for compromise .I am thankful to her .
our case is with Human rights organization where the concerned person is helping us out .
He had given me suggestion that now we will see that he will not in future will give you physical as well as mental torture .And about the flat you will have to stay with him in a rented flat only ,you cannot demand him for a own flat .
so i am ready for this compromise and also they gave me option to rent a flat at my place of choice .
so now since i stay at my parents place i have selected same area .And also since my baby is small and my parents will be staying near my place can look after my baby in immergency conditions .

Here my husband agreed to stay together with me at the place selected .
But very next he told that he will be drafting the letter in behalf of my husband to my organization HR and BOSS for the transfer of Job from HO to factory ,wherein he will be convenient .

i am already travelling 2 hrs for my office ,and since now he will also have to travel ,so he creating a mess and giving me warning of taking some steps wherein i will be in problem .
pls suggest how to compromise with such person who only thinks of himself and not of wife or the child .

imthiyaz   19 April 2009 at 12:46

Mohameddan law...

Dear All,

Please clarify, Any Mohameddan Law expert..


Grandmother was survived by only 2 daughters and the only son had predeceased her with 3 children one male and 2 females.


Whether Orphaned grandchildren are entitle for any share in their grandmother’s property?

As Per Mohameddan law, Orphaned grandchildren are not entitle for any share in their grandparents property as they cannot step into the shoes of their father and succeed in the inheritance as there father would have been if he was alive , According to Doctrine of representation of Mohameddan law, Only heirs alive at the time of the death of the parents will succeed in the inheritance those who predeceased, their heirs are excluded from Inheritance.

But ,There is some confusion when referred to Mullah's book,
In section 65 he says daughter as a sharer is entitle for only 1/3 rd share, As in our case only 2 daughters survived they will get--- 1/3 rd Share --1st daughter + 1/3 rd Share 2nd daughter and the remaining 1/3rd will be residue which will go to the Orphaned grandchildren thru the predeceased son, Is it right ?

Or Orphaned grandchildren are completely excluded from inheritance based on Doctrine of representation ?

Buvaneswari   17 April 2009 at 15:37

inter religion marriage

Under which Indian Act the marriage between a hindu girl and muslim boy (both are major and native of Tamil nadu) should be registered? Whether there will be an issue to get community certificate and other certificates for their children? If yes, what could be the solution?