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Anonymous

Posted 20 hours ago

Sonu who is a married woman run with vinod who is also married. Now they are living together without giving divorce to their spouse. Sonu has a child name dimpi. Dimpi wnat to live with their grandfather (Nana) and nana wants the same.
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A. It is void marriage
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Rameshwar  Dadhe
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
I was falsely implicated under sec 304b by my in-laws and police helps them by changing original statement of neighbour witnesses. Now case has been closed and I have been acquitted from charges. Reason suicide note left by my wife and neighbours statement given in court was in my favour. Also in laws made false statement in front of judge. I want to punish them and get back my daughter who is in my in-laws custody.
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A. dear sir yes , you can file both civil and criminal cases for foisting false case against,you will get huge compansation
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Naziya kulsum

Posted 1 week ago

Sir i am muslim women second wife of my husband... Hame 2 saal ka beta hai... Mera husband 1 St wife ke wajese muje daily marte hai .. bad word se gali dethe hai aur bachhe Ko lekar jathi hu bolke blackmail karte hai... Muje Mera baccha chahiye please muje advice dijiye kya karna hai bolke unko politicians ka support hai... Me complaint diya to bi unko hi support correnge... Please muje kya karna hai boliye.
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A. File a DV case.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Naziya kulsum

Posted 1 week ago

Sir.... Me ek muslim women hu... Mera husband daily marte hai aur bacche Ko lekar jathi hu bolke black mail kar rage hai... Marriage hoke 4 year hua hai hame 2 saal ka baccha hai.. me unko 2 nd wife hu... Shadi se ab tak ek din bi idar ruke nai hai pehla Biwi ke Saathi rehte hai... Muje daily mentally or physically torchar derahe hai. Muje unse divorce lena hai... Bacche ka custody muje hi milega na... Ek din bi aake bacche Ko dek Bal nai ki unhone... Abi unko baccha chahiye.. bolke marte hai please solutions dijiye
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A. File a DV case.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I got married in 2009 to an influential family of a U.P. town and has 8+ years old son. We 3 were living in Mumbai on rent as I am in service and my wife teaching in the same school of our son. My wife was very aggressive, dominating since start having severe anger issues. Many a times in these years when she lost temper on even trivial issues, she used to get violent, shout, abuse, threaten, lock herself, even causing to hurt herself and me. This led to negativity, quarrels, arguments leading to my mental torture, physical stress. When such incidents happened, I called my in-laws to sort it out and if there has been any medical history, I am willing to help her. But everytime they brushed aside the matter saying her anger is little high, so you let her be on her own for 3-4 days and she will be fine. I kept continuing for the sake of my son, family until Aug 2018 when a similar incident reoccurred where she beat me, I called both side parents to provide the solution to this as it had become unbearable to live under same roof without fear. Seeing my tough stance this time, my in-laws began to threaten us and also started inquiring about how much money will we give them if to separate. We told them to deal with this amicably, maturely keeping best interest of child in mind rather than dirtying the situation even more with this behavior. Next we came to know that they left my Mumbai home alongwith my wife, son (+ valuables) without even informing me when I was in office. We got to know that they all are in their U.P. town and within next 3 days filed a false IPC 498A, 323, 325, 504 FIR against me and my 65 years old parents (who never even lived with us) on the basis of fraud medical report manufactured through their local influence. My parents applied for bail in their U.P. town and got it in 4 attempts as my in-laws used lot of their local political connections to obstruct. So, I filed a writ petition in Allahabad HC for FIR quashing based on wrong jurisdiction, false allegations. HC transferred the case to mediation which failed in May 2019 pending final order. Meanwhile, my wife had come back to Mumbai with my son in Oct 2018 living in a separate home resuming her job, son's studies with me happily supporting son's education. But after HC mediation failed, she has again left Mumbai with my son without informing me and gone back to her U.P. town and uncontactable. I am extremely stressed now as my son's studies are interrupted and in U.P, his future will get destroyed in that regressive, negative environment. What is the way forward for me now? 1. Apply for child custody - Chances I will get it? Can I apply from Mumbai court? Possible outcomes? Time period? 2. Other options? All I want is mental peace for both of us and son's bright future. If separation is the way, I am ready for it too but dnt know how to proceed peacefully when opp. party is hellbent on making it dirty and ugly + 498A is still running. I want you to review the situation and advice both on follow up action on 498A case (considering its in U.P.) and also what to do next when wife has left son without informing? I am expecting that they will make it more ugly now by filing more cases from U.P. town to harass me coming there again n again from Mumbai. Regards,.
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A. Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old. The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons. CHILD RIGHTS COMMISSION ACT 2006 http://www.kscpcr.com/eng_ver/actsandrules.php The Karnataka State Commission for Protection of Child Rights (KSCPCR) 4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE NRUPATHUNGA ROAD, BANGALORE- Such Commissions are situated in Every State .============== Bombay High Court Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016 Bench: A.S. Oka IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 84 OF 2013 Forum for Fairness in Education An NGO, Vs Union of India and Others. .. Respondents 5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
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Anonymous

Posted 1 month ago

Sar mein bahut din se pareshan Hoon meri ek bachi Jo Delhi mein Paida hui thi Jiska Naam Kirti hai Woh Meri behan ke ghar Kuch Din ke liye gayi thi ab Woh log Hamein De Nahi Rahe jabki Koi legally tarike se Diya nahi gaya hai aur aap to sunne Mein Raha Hai Ki apna naam bhi Pita Ke Roop mein De chuka hai Humne 1098 aur Wahan ki CWC sabhi ko Suchit kar rakha Hoon par kuch bhi nahi hua Jiske Karan wo Kata Hai Itna Kuch Kar liya to kya Bigad liya Mera jo karna hai kar lo Hum bacche Nahin Denge please call me sir
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A. File a complain case in the local P.S.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
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Sabha Kumar

Posted 1 month ago

My husband deserted & deceived me and took away my 5 yrs old daughter on false pretext taking her to mall last year may 2018.repeated calls and messeng to him my husband dint respond.so I complained in police station but there also they refused to file my FIR.later after a month I get a court notice against me for divorce and a child custody.I had to leave my house and take a shelter at my sister's home in Bangalore due to no financial support as all these years have been a house wife n taking care of my daughter till the day he deserted me.from last year till date there have been hearings happening where in my husband will never attend the court where as I have to go all the way to Hyderabad to attend the case.My lawyer is not giving me clarity on my case even after I have paid him all his fees in one go.he has stopped picking my calls n not responding to messages also.what should I do?last hearing hon.judge asked to file for IAS after hearing me in person in presence of my child n husband.my lawyer seems to be in league with Opposite party.kindly help
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A. 1. if you have any doubts, change your lawyer, 2. apply for the transfer of the case from hyderabad to your location, 3. take online/offline consultation producing/providing all relevant documents, from one experienced lawyer and act accordingly
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Suneel  Moudgil
Suneel Moudgil Exp: 15 Year(s) Panipat
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Sayaree  Ganguly
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Kusum Narayanan

Posted 2 months ago

I need v quick response if a lady comes out from her inlaws house for sepration and child is 1and half years old dependent on her totally for feeding can she take her child out that moment when she is stepping out
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A. Dear Sir, The mother is primary and sole custodian of the child below 3-5 years depending upon the health condition of the child.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Malabika   Mitra
Malabika Mitra Experience: 17 Year(s) North 24 Parganas
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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t.t.jyothi kiran

Posted 3 months ago

Without my involvement,my lawyer and my husband written as child custody completely to me.but I want now financial support for child custody.how I can change child custody which they written .
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A. Dear Madam, You can file maintenance case for the child and get some relief.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 3 months ago

Can a mother take a child custody legally though she is living with his husband and in-laws due to continuous dispute with them on small small issues. Kindly advice me.
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A. Yes mother is the natural guardian of a child upto age 5 but she will also get custody after age 5 if court is of the opinion that it is interest of the child to remain with the mother.
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Jamal  Sait
Jamal Sait Exp: 7 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

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