shyam lal
09 May 2024 at 20:41
:One of the beneficiaries of a unregistered family settlement where it is mentioned that the shares of the undivided property is to divided in to 25 percentage each. Has said after signing the MoU of family settlement unregistered that my son would take decision regarding the partion of immovable property.
Query.. Can any one not mentioned in the family settlement legally dictate terms and be binding on rest of other share holders.
Rumana Shaikh
09 May 2024 at 11:36
death certificate of person who died in 2014 name, nijam shaikh, mumtaz shaikh, baner area
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Anonymous
29 April 2024 at 17:03
Hi,
Me and my wife married in 2013 and had a boy child of age 8. She filed DVC and other cases and I filed child custody.
We compromised the matter and had written MOU. As per MOU I have to give alimony and divorce. And I (Father) will get child custody after school exams in april 2024.
I(Father) paid the alimony and divorce is granted. Child custody case was transferred to lokadalat by judge. lokadalat passed the orders that Father will have the custody and mother has visiting rights on festivals and holidays (As per the compromise).
As per the order I have taken child with me last week. Now mother is asking to send kid to her house for 2 days.
Mother and her parents are very unbelievable. We had done similar MOU in past and the broke it by complaining in police station. So I cannot believe them.
1. Is it safe to send child to mother for 2 days? can they break the lokadalat order?
2. What can I do if mother doesnot send child back?
3. We have to join child in school and he has to give entrance exams. So if mother dont send it will be a big problem
4. Is there a possibility of mother not sending kid back? can she challenge lokadalat order with writ petition(I have checked some articles in internet about this)
5. If mother dont send child back, is there any way that I can get child back immediately?
6. Is there any way that mother can get child custody back by challenging the lokadalat order?
Please note that once child goes to mother, they may force/teach anything to child to tell any answer to police or court etc.
Arun
23 April 2024 at 09:34
Greetings!
Can one send notice or file a case for share/rights on in laws of his/her spouse who is suffering from mental illness (bipolar disorder/schizophrenia) especially when he/she is left to deal with mentally ill spouse by those who have Cunningly/wisely deprived the mentally ill person of his/her rights OR one need to get authorization/power of attorney from mentally ill spouse to represent him/her in the court of law?
Please, suggest/guide the way to proceed in the right direction with right approach.
Thank you.
Anonymous
20 April 2024 at 21:09
Mr. Ramesh, a Hindu by religion married Miss. Ranjana on 16th March, 2012 as per Hindu
rituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ramesh. Mr.
Ramesh’s mother was an orthodox female and had high belief in mythology and in Hindu God.
She had firm belief that to attain Moksha, a man needs a son, therefore she always insisted on
Ranjana to conceive and give the privilege to them of being grandparents to a grandson. Miss.
Ranjana delivered a baby girl on 25th September, 2014 and thereafter differences arose between
them. Ramesh ’s mother continuously passed insulting remarks upon Ranjana and her baby
girl. She often remarked that if Ranjana does not give their family a boy, she will ask Ramesh
to marry another girl. Several times Ramesh fought with his own mother, telling her that he is
satisfied with his wife and has no complaints from her. Ranjana started persuading Ramesh to
leave the house of his parents and move to a new house to which Ramesh never agreed. He
was adamant that he wants to stay with his family. Finally on 15th December, 2015 Ranjana,
frustrated with the constant bickering and inability of her husband to change residence, decided
to leave the matrimonial house with her daughter and return to her parent’s house. He never
even visits his daughter because Ranjana was never available. Finally, on 2nd August2016,
Ramesh frustrated with Ranjana, filed for divorce u/s 13 of the Hindu Marriage Act alleging
desertion by his wife. The summons was issued to Ranjana at the address shown but the same
were returned by some Ms. Usha marked as ‘refused to accept’. The family court considering
it as good service proceeded with the matter. The petition was heard ex parte and on the basis
of evidence adduced by Ramesh, the family court granted divorce to the husband on 13th June,
2017. The copy of the order was sent by Ramesh to Ranjana on the address provided. On 14th
December 2017 Ramesh married Miss Priyanka, a Hindu by religion. Priyanka conceived
Ramesh’s child and was due for delivery on 5th September 2018. Meanwhile, Mrs. Ranjana
filed an application on 3rd April 2018 before the High Court, for condonation of delay for filing
appeal against the decree of Family Court granting ex parte decree to Ramesh stating that she
was unaware of the proceedings as the summons were served on the address on which she was
not residing. She also stated that her parents moved to a new house and accordingly, she also
went to the new house. Furthermore, she never had the intention to desert Ramesh but only
wanted to teach his mother a lesson. She argued that she was frustrated with the constant
remarks by Ramesh ’s mother and hence decided to leave the matrimonial house but never
desired to sever the matrimonial bond. Decide.
Anoop John
20 April 2024 at 08:54
Is it permissible to provide a Vakalatnama to a new lawyer without withdrawing the one given to the existing lawyer? If I choose to do so, can the existing advocate object in court? Alternatively, is it possible to proceed with the permission of the existing lawyer?
Anonymous
20 April 2024 at 07:31
Here,is a case that the guy behaves like a child and it's been 5 Months if marriage. In this case can a girl can apply for divorce now or should she need to wait for 1 year to apply for divorce. Even she is unemployed can she get Alimony from here in-laws if she applies for divorces before one year of marriage. And what will be process for the divorce.
Anonymous
18 April 2024 at 18:41
I'm here ask. One of my friend facing an issue with his husband as he is not mentally matured. His family hided it and married. Now they are forcing here to intercourse with his husband. He doesn't know anything much about marriage a stuff. And they are forcing them to have child.As he not employed and my friend didn't finish here education . So, can she appeal for divorce. Can she demands " Alimony " From his property as he has property under his name. And she doesn't have any income.
SAM
18 April 2024 at 11:43
Sirs,
One of my client is a married lady who has filed 498a case on her husband in Police station. After getting anticipatory bail by her husband and family members in court the case is at trial stage. She did 2nd marriage during covid lockdown period and she completed all the formalities of marriage during lock down period and after marriage she delivered baby. Her Husband came to know about her 2nd marriage and got details of her marriage through RTI which includes her marriage application filed by her father, wedding card, permission for marriage, list of family members who attended the marriage ceremony.
Now her husband is planning to file for 494 bigamy case in court against her and her husband. My query is whether she will get scot free from bigamy case? because normally I see that courts don't punish women who has child and is living in bigamous relationship with her 2nd husband as Indian laws are more inclined towards females.
I advised her to withdraw 498a case from the court and do settlement with her 1st husband.
Kindly advise
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Undivided immovable property
:One of the beneficiaries of a unregistered family settlement where it is mentioned that the shares of the undivided property is to divided in to 25 percentage each. Has said after signing the MoU of family settlement unregistered that my son would take decision regarding the partion of immovable property.
Query.. Can any one not mentioned in the family settlement legally dictate terms and be binding on rest of other share holders.