Avinash Abhyankar
13 September 2008 at 10:33
Dear Sir,
I wish to ask you a query which is a case of divorce.
This is a case where Mr. X marry Ms. Y in 1998 (it was a love marriage), thereafter both went in Metro City and started Service/ Employment. They got one daughter in wedlock and the daughter was with the parents of Mr. X, as the Mr X and Ms. Y was working, from age of her 9 months (i. e. 1999 to 2003)
Later situation worsen as Ms. Y shows affection in another person who was her colleague at the working place. Hence the differences started in between them and they went for divorce in 2003. The reason which was given in application was utterly wrong and misleading. There was no reference that the childe was with parents of Mr. X. but it was pleaded that she is with Ms. Y at native place. But the fact was Ms. Y never went to her native place, but was romancing with her colleague in the very same Metro City. Thereafter court grants the divorce.
In the court order, it was nothing stated that about the meeting / visits of Mr. X with his daughter monthly/six monthly/yearly. But the court order is not barring also, it is silent.
Consent of Application for divorce was given in frustration by Mr X, without seeing anything.
Thereafter, whenever Mr. X desired to meet her, there was always resistance by Ms. Y and her new husband and their parents. This is the situation started since 2003.
Now my query is this:
1. As on date i. e. in the year 2008, if Mr. X desires to meet his daughter, then what are the ways.
2. If Mr. X wants to take the custody of his daughter can he make application to court?
3. Can Ms. Y fly away with the daughter to Abroad as she is Software Engineer and if yes, then, Mr.X can not see his daughter in his life time. Can court restrain her?
4. Can she (Ms. Y ) change the family name of her daughter? Because family name of daughter is of Mr. X, and now she may give the family name of her new husband. If it is so, then what are the remedies to Mr. X
Please suggest the solution and thanks in advance
Regards
Avinash Abhyankar
Mohamed Ali
11 September 2008 at 14:03
As per Mohameddan LAW, Predeceased Sons/Daughters Children will not have share in their Grand parents property as they are entirely excluded by their uncle and aunts who survived their parents at the time of their death.
Is this law has been ammended or it is same..
N.K.Assumi
11 September 2008 at 10:44
Does snoring in bed while sleeping amount to cruelty to the spouse. Can such be the ground of divorce on the ground of cruelty?
N.K.Assumi
11 September 2008 at 10:39
Under Special Marriage act if an officer who is not designated as a marriage officer solemnized a marriage, the marriage is Void. Now, if a Hindu couple solemnized a marriage before a pundit as per their customs, but discovered that the pundit was really not a pundit, will the marriage be void though in good faith they solemnized the marriage?
awadhesh khadiwala
10 September 2008 at 19:43
a hindu male died intestate leaveing 1 son 2 daughter one daughter married with muslim before succession open. wheather daughter married to muslim has right over the property of father
N.K.Assumi
10 September 2008 at 17:59
Under section 13 B of the Hindu Marriage Act, there is a period from six months to 18 months thereafter decree for dissolution of marriage follows.Can any of the party withdraw the consent after 18 months but before the Court passed the decree of dissolution of marriage?
Anita Dores
10 September 2008 at 13:17
I need an article on Restitution of Conjugal rights for preparing a project on the above topic..Plzzz help!!!
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