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Anonymous

Posted 2 months ago

Hi, Me and a friend of mine are in a relationship last few years. His divorce case got over last Sept and we were supposed to get married. But his wife has filed a petition for stay in high court in Dec. The trial has not yet started. We intend to get into a live in relation until the High court case is over. But now his parents are threatening to file a case against us and my family if we start staying together. Can you tell me if they can file a case and on what ground it will be filed. Is he not in a position to stay with me in a live in even if we want to?

A. Live in is as good as marriage as has been stated in many cases. However it is advised not to get married till the judgement is given.
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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
Sayaree  Ganguly
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir My wife simmi jaiswal is under the influence of her brother Amit Jaiswal and her sisters and under their provocation she has threaten us that her brother will kill me and my two daughters. On 31st May'19 at 8 pm amit jaiswal with her sister Bimmi Jaiswal had come to my flat and had created nuisance and was using abusive language for me and my two daughters and we are afraid they may either get us killed or may damage us badly. He was asking my wife to file a case against me and my daughter that we had beaten her. Kindly suggest us what should we do to protect ourselves. As me and my elder daughter are working in office and my younger daughter's exam is over and college is on vacation so she remains alone in house and my wife behaviour is very violent under the provocation of his brother. Kindly help us Sanjay Kumar Jaiswal

A. Please do file a police complaint as soon as possible
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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
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
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Anonymous

Posted 2 months ago

We want to married to each other but her family is against us, what we do now?

A. Nobody can stop you from marriage if both of you are major. You can yourself approach the marriage registrar and get married and such marriage shall be deemed to be valid. Thanks
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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
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
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Anonymous

Posted 2 months ago

Sir I'm working for Indian Railways, on aug 16,2018 I'm married (second), on March 3 2018 she gone for delivery to her mother's house,On April 29,2019 she delivered a baby boy, after a month I told her come to Hyderabad, here village no medical facilities so pls come with me, but she denied and her mother giving me false Eligations on me that I'm tortured and demanding money. But my wife also telling same thing. But past 8months we r lived very happily. I went to her village police station and gaved a complaint but the police persons saying that she is telling that u r tortured and asking money and etc.. So kindly help me how can I approche to court.

A. Dear Sir, It is common in this recent days to lodge false complaint before the police. Immediately get anticipatory bail and safeguard yourself. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
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Anonymous

Posted 2 months ago

My in-laws and husband torture for money.. I lived olny 3months in-laws house.. I tried to solve the issue but my in-laws never accept my husband mistake they always blame me that I m wrong..after that I came to know my husband searching a girl for marriage fake name and as a widower and parental contact available. after that I filed compaint and dv case .. in dv case my husband lawyer told the magistrate settlement of running in caw cell which is not true and I denied .. on the same day my husband filed fake compaint in police station and mother in law filed dv act against me and my family member and one other person...my brother in law already divorced to first wife and not happy to second wife.. my in-laws always threatened me tu hamara Kya bigad legi but senior citizen h

A. Dear Madam, You may file DV case seeking following reliefs. ================================================================================== PRAYER HENCE THE APPLICANT HUMBLY PRAYS 1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent, 2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-. 3. Pass orders u/s 18, in totality against Respondent1 to 3, 4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children. 5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited, 6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition. 7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act, 8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Gorangi Damor

Posted 2 months ago

Please sir help me. I want to study but my parents were not sending to the college for studies. what can I do? Please let me know please.

A. Dear Sir/Madam, You may approach any NGO who will help you. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 2 months ago

Sir, my mother has died 20 years ago! My grandfather has some self acquired and ancestors property !but my grandfather has not given any share to my mother in self acquired as well as ancestors property! Grandfather given / divided some property into two boys of my grandfather i.e., my two mama! My mother right will be on self acquired property of my grandfather , which has been divided or given to my mama's? if My grandfather dies intestate! After that how will right of my mother on self acquired property -which has given/divided during life time of my grandfather ???

A. Dear Sir, Your mother is entitled to get the property either by way of filing a suit for partition suit or by getting a deed from grandmother. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
I applied for divorce and my wife is contesting it. Case is ongoing from last 3 years and i want to create my matrimony profile now. I saw few forums in the internet for advises from lawyers, few says there is no harm to create profile while others saying it is not advisable. In this context, I would like to understand how my wife will get benefited in the court, if my wife see my matrimony profile, though i mention true facts

A. Dear Sir, Simple creating matrimonial profile may not give raise to cause of action in favour of your wife. However she can say before the Court that you are going for second marriage. It is better for you to approach High Court and get time bond disposal direction to the Trial Court as family cases needs to be decided within 6 months from the date of filing. If possible get file PIL (Public Interest Litigation) petition and request the Court to impress upon the Lower Courts mandatorily dispose the matrimonial cases within 6 months. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 2 months ago

I'm 19 years old and I want to leave my home and my family because they all torture me.

A. Dear Sir/Madam, You are at liberty to leave your own life as per following judgment. ----------------------------------------------------------------------------------------------------------------------------------------- Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with. The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year. The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband. In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father. But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults. "Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said. The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005. "It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices. "The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors. It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults. Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror. Please call me and take legal consultancy on my mobile through the administrators of this website.
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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
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 2 months ago

Background: (a) 4 real brothers setup a real estate “JOINT BUSINESS”. (b) Three of the brothers (“OTHER BROTHERS”) have kids with at least one son. The fourth brother (let us call him “BROTHER X ”) has no sons, but 5 daughters. BROTHER X falls ill and subsequently passes away in the year 2002. (c) OTHER BROTHERS have now retired and the JOINT BUSINESS is now managed by the next generation (i.e. the sons of the OTHER BROTHERS). (d) After BROTHER X’s death, his spouse is not getting any income from the JOINT BUSINESS. (e) Understanding of ownership and share, is NOT documented in writing through any legal documentation. Please advise: 1. Does BROTHER X’s spouse or married daughters have any legal right of ownership of JOINT BUSINESS OR on ASSETS of the JOINT BUSINESS OR on income from the JOINT BUSINESS? 2. If the answer to either (a) or (b) above is YES, please indicate what actions need to be undertaken by the surviving members of BROTHER X’s family (i.e by his spouse and married daughters) to obtain their legal entitlement.

A. Dear Sir, Please see the following provisions in respect of division of property. ================================================================= Section 8 of Hindu Schedule Act the wife is entitled as follows: ==================================================================== General rules of succession in the case of males.―The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:― (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; CLASS I Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. ================================================================= Section 15 in The Hindu Succession Act, 1956 15. General rules of succession in the case of female Hindus.— (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,— (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. Please call me and take legal consultancy on my mobile through the administrators of this website.
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