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Recent Posts

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1
Marriage / Re: Ground for divorce
« Last post by advsarmaroy on October 16, 2017, 07:38:35 PM »
since she is working she may not get maintenance.

sine your marriage is not consummated, you can file for annulment of marriage. due to incapability of your wife for physical relationship.
2
Property laws / Movable Assets Freezing
« Last post by sk90 on October 16, 2017, 04:43:29 PM »
Hello everyone. I'm new to this forum. I couldn't get firm and detailed answer from my Lawyer on regarding some doubts I had about movable assets of my Father. I'll give a short background of the story that has happened so far. We are 4th generation goans(from Goa and live in Goa). My Parents are getting divorced. Both of them are senior citizens. I'm with my mother as her witness. My father is not staying with us for last 14 years. In the year 2003 he left our house at the age of 60 and withdrew all the money from various banks. The money was in our Real estate company's bank account which was more than 3.5crores and my Mother was it's sole owner. Let me provide a little info about the legal rights of the business. The Company's owners were my Mother and mother's late father-in-law i.e. my grandparent. My father had zero rights in it. The Partnership deed executed between my Mother and mother's father-in-law was such that upon the death of one partner , the surviving partner would become the sole owner of the Business firm/real estate firm. So after the death of my mother's father-in-law in 1991 , my Mother became the sole owner of the business but somewhere between the period after the partnership was formed and before the year 2003 , my father very cleverly took advantage of my mother's innocence and took her signatures on newly created Power of attorney(prepared by him) clearly stating that she is appointing him as the representative of her to operate and do entire business transactions including Cash and bank on behalf of her. Of this attorney she was not aware of until the year 2003 when he left us to starve and every tactics of him were exposed. Therefore we revoked the same in 2003. However before we could act on revoking it , we learnt that he has withdrawn every single rupee from Firm's Bank account. In the year 2003 itself , we filed for maintenance in court which was hotly contested by him but which judgement was passed in our favour in the year 2009. In the maintenance case while cross examining both him and his brother(his witness) both of them admitted to him withdrawing money from firm's bank account and distributing the same to his brothers and sisters. The same has been recorded in the Judgement. But the real problem starts now. As mentioned earlier that my parents are getting divorced on the grounds of cruelty and desertion (we couldn't prove adultery because we didn't had sufficient evidence but we knew he had committed it). The major thing is the Inventory after divorce case is over. I'm concerned as to how to find my father's bank accounts to freeze them/withhold them through court order for the purpose of Inventory. Should we just send Legal Notices through our Lawyer to all of the Local and Nationalised banks asking them to freeze/withhold his account?? Is this the correct way? Again because there might be the thing that a Bank's Privacy policy for it's customer is more powerful than our Legal notice to them is and hence they would not be bind by our Legal notice and obliged to co-operate with our legal notice??  Or is there any other way to do this?? Obviously after emptying the bank account of the firm in the year 2003 , he must have transferred the cash to his own bank account. But am not sure how to proceed with this particular request to the court i.e. to ask the court to freeze/withhold his accounts. I'm being Majorly concerned about one important thing and that is time. Time in the sense that it if he gets aware that so and so freezing of accounts case is up against him(I'm definitely sure he will come to know about it considering his intelligence and how active he is in court) he will move the money from his bank accounts the very next day to his brother's accounts or to the accounts of his relatives , so that he can very well prove during the case or appeal after the case that he has NIL bank balance and hence he should not be hold responsible to pay any money to us during inventory. Then what would be the use of the Court Order?? It would be useless right?? Can someone please guide me in this matter as to how to proceed with this request to the court?? Can we ask the court to pass the Order without sending Court notice to him prior to starting the case? Can this case be prepared without sending any Court notice to him? Or Should we just send Legal Notices through our Lawyer to all of the Local and Nationalised banks asking them to freeze/withhold his account and mention in the notice that they do so because we are in the process of filing for Inventory court case? How can we execute this plan without him becoming aware of it?? Anyone please provide me some Wisdom in this matter. Divorce case will be over this month/next month. For those who don't know here in Goa there are Portuguese matrimonial laws applicable to everyone irrespective of religion and hence according to the same a Wife is entitled to 50% share or co-owner of Husband's both Movable/Immovable Assets after the Marriage.
3
Criminal laws / Re: defamation against cbi
« Last post by Sanjeev Nanda on October 16, 2017, 12:52:15 AM »
Dear Mr. Saluja, To understand the matter and to provide appropriate advice on it, we need more details about this incident. Also let us know the Google search term which are showing the wrong results. Remeber as you said "if you google the name you can see wrong and bad news against him." Showing bad news is ok but if it is wrong news then it should be instantly taken off the internet.
Please provide details ...
4
Lawyers in India / Need OCI as a French national from Reunion Island
« Last post by kapilking on October 15, 2017, 07:18:22 PM »
I am requesting the OCI as a French national from Reunion Island. My family's origin is from India (both sides) in meghalaya.

My mother went to my grandfather's city of birth in Tura last March and could get his birth certificate. This document proves that my grandfather was born in India and will allow me to get the OCI.

I went to the Indian Consulate with all documentation required here in Reunion Island, and they announced me that the procedure has changed. Now the birth certificate should be attested by the government of India and then by the Ministry of Foreign Affairs.

I am not able to travel to India these days, so I am looking for an attorney or notary who could help me out with this new procedure.

Is it something that you could do? If yes, what would be the timeline?  Price? If not, could you please recommend me someone?

Please find attached, the birth certificate that I have.

I hope to hearing from very soon.
5
Marriage / Ground for divorce
« Last post by jayhere on October 15, 2017, 02:12:56 PM »
Here are the chain of events:

1. I married a working lady last Jan (arranged marriage), while I was working abroad. She came to stay with me (abroad) for 10 days soon after marriage, before she returned to India to rejoin her job.

2. There was no physical relation between us due to her unwillingness (no evidence), and we never lived together thereafter. She also said that she was not willing to bear child and we should adopt (no evidence).

3. After returning she stayed in her parents place till today and never visited my parents (her matrimonial home in India).

3. I soon came to know (through the list of medicines she consumed during the 10 days of staying with me) that she has severe anemia, gastritis (ulcers), severe IBS, and depression (she consumes depression medication, which can have side-effects including lack of desire for physical relation). These also include severe eating disorder and a very low quality of life (for instance she is never willing to eat outside in restaurants or drink any coffee or tea). I was not informed about any of this before marriage. (I have evidence for all this).

4. I returned back to India (quitting foreign job), and raised these issues with her and her family. This invited a barrage of insults from her family, and false accusations on me, about how I had mistreated her during the 10 days she stayed with me. She and her family lied about me and my family and threatened me of dire consequences if I did not normalize the relations (some of these insults has been recorded).

3. They made it clear that they would never go for mutual divorce, and would contest any divorce case filed by me in court, since she was not willing to break the relationship.

I would never be able to trust her and I don't want her in my life anymore. She works very close to her parents home, and she needs to be always treated as a sick person, and everything has to be done for her. I am unwilling to bear this responsibility for life. Plus physical relation is important to me, while she lacks any desire (possibly due to her medical condition).

Are there any grounds on which I can get a divorce? How difficult would it be to get divorce? How long can it take? Do I need to pay alimony? Any informations or suggestions would be helpful.


6
Criminal laws / defamation against cbi
« Last post by hsrpreetsaluja30 on October 15, 2017, 06:07:20 AM »
Dear Lawyers,

My friend was arrested for a cbi case and was in judicial custody for 90 days later was released on bail as there was no chargesheet filed for him. the newspaper and media spoke a lot of bad things about him and are evident till date as in if you google the name you can see wrong and bad news against him. He was working for MNC and lost his job. His marriage was fixed and it broke due to this case. He and his family has gone through a lot of sufferings. few years back he approached the court and took the surety back. The court gave back the bail amount. however the case is still going on for other accuseds and they are out on bail.  I have few questions....
Can he file a Defamation case? if Yes then it should be filed against whom?
how much would be the court fee and expenses.
should he wait till the aquittal of other accuseds or can he go ahead with the defamation.
how much compensation can he ask for?
waiting eagerly for help.....
7
Property laws / Claim to title and Recovery of Possession of property
« Last post by yaksh on October 14, 2017, 11:59:48 AM »
(A) First brother is claims the ownership of the property on the basis of duly registered WILL made by the Testator in 2016.

(B) Second brother is in possession of the same property by virtue of a Rent Agreement made by the Testator in 2013 and also claims the ownership of the same property on the basis of duly registered WILL made by the Testator in 2013.

Q1. What are the legal options available to first brother in order to recover the possession of property from second brother ?
8
what was the mode of payment.
are other victims willing to make a joint complaint?

9
Property laws / CO-OWNER SHARE SALE/JUDICIAL PARTITION , WITHOUT CONSENT
« Last post by nsnsns81 on October 12, 2017, 04:24:21 AM »
Dear Sir , Plz advice :

Religion : Hindu
Property: 100sqyd house in Ashok Nagar(West delhi) having
3 co-owners, i.e. uncle(eldest-expired)+my father-expired+uncle(youngest)-alive.

Property registered as undivided equal share for all 3 brothers. Eldest uncle was living in this house till 2014(before he expired), occupying 40 sqyd area, as per walls and structure design.
Currently no one stays there since last 3 years.
However me and youngest uncle wish to sell the property but eldest uncle's heir are not responding to our request.
My query specifically is:
1. Can myself and youngest uncle sell our 2/3 undivided share to third party, without eldest uncle heir consent.
2. If 1 not possible, can court intervene and force order to sell as co-owner not responding and property is unoccupied.
3. If 2 not possible, can we send legal notice for judicial partition of 1/3 share each, even if they not agreeing.
4. Can uncle's heir sell 40sqyd without our consent.

If nothing possible, is it better to get stay on property

Regards,
Nitin
10
Estate agent took 9500 Rs from me to rent out my flat to Bank. That never happened. Now he is non responsive. He has taken money from many people from 2014 and is cheating people everyday. I am in contact with other 6 victims. When I told him to give our money back he threatened with beating me by goons. Need help on this.
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