Legal Question in Family Law in India
Dear Sir ,
Here i want to discuss with u a dispute of case between my sister & her husband & his laws
we filed a case of SECT 9 in karkadooma court on year 2007 which continued for 2 years which is withdrawn by us due to my mother death & we filed an another case on 24 march 2009 in DAV ACT & IN CAW cell & which Fir is registerd under section 498 a , 406 , 34 & they filed a case in ghaziabad of divorce under sect 12 and with respective of that we filed a case of sect 24 in ghaziabad of mentanence for my sister in ghaziabad ???????? But in all the when the bail application sent in the district court karkardooma the additional district judge sent the case for meditation & where no decision taken & file sent back to the court & there arguments on bail application & at last the decision taken for the divorce by the MOU which is signed by my sister & her husband in court by the judge order because they both want to live seperately . The divorce petition is filed for mutually divorced 13 b in the court . In MOU it is written that my sister will take all her cases back accourding to MOU & her husband should do the same take his case which is filed by him in ghaziabad & pay 3 lacs accourding to MOU signed & both can not filed a case against each other regarding any claim as full & final settlement accourding to MOU . BUT I HAVE SOME QUERIES WHICH I WANT TO DISCUSS.
Q 1. Sir we have a degree ordered by add judge from the recovery of balance payment of my sister from his husband which is not discussed in the MOU ? Can we claim this balance payment by the degree issued by addl. district judge in favour of district judge ghaziabad court to execute the balance payment ?
Q 2. Sir after divorced bu MOU by 13 b what about the possibility of second marriage we want to do second marriage of my sister how long we have to wait after divorced which complete on 21st october for final payment on that day ??
Q 2. Sir this is very important for me i want to know that is there is any possibility to file a case by me which i want to do at any cost ( son of my mother who expired by all this mishappenings) of compensation or punishment in indian law against my sister husband & his parents who is responsible for my mother illness and at last death on 10th feb 2009 this all happens from the beginning when my mother & my sister husband mother arranged a marriage of my sister & his husband but it all froud done by her which i can proved in the court by the witness of peoples , relatives & neigbours .& i want to filed a case ( son ) against my sister husband & in laws ( because i have not signed the MOU & not witnessed it ) between signed in court by my sister & her husband . i want to filed a case under sec323 , 452 , 500 & 506 sir tell me the possibility ???? or if possible then please tell me the section under which i should filed the case ????
4 Answers from Attorneys
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Attorney at Law
Fahri TOĞA
Yes your sister can remarry again. But regarding filing of a case against your sister's husband and her inlaws fcharging them for the death of your mother, I dont think so it is going to work at all.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
you need etail advice. you may contact me at my nos. if you are at Delhi.
Since you had been facing litigation for quite some time, it may be better to stay in touch with your lawyer for appropriate legal advice and avoid any contradictory advice which may create confusion.