If a divorcee gets the maintenance let suppose monthly, and she has performed marriage to the other person... Does the monthly allowances continue which she's taking from ex- husband after remarriage
What if one party to the suit is not adhering to the custom and wants trial in court but the other party wants case to be tried according to customary practice
Sir punjab vich panchayat ch divorce hona custom nhi hai j fr v divorce hunda and husband ja wife second marriage krvonda ta first wife ja husband marriage rokva skda court ch ja k
For the custody of child there is no pre condition of having any kind of Litigation but he/she has to specified the ground that why they r not living jointly. But usually it is happened as the lawyer always file the case for custody during the pendency of litigation between them
I think it is disbarment not disbarrable Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity.
Even though the law for the interim maintenance under Section 24, HMA does not categorically provide for maintenance for second wife, the Section has been given a very wide interpretation by the courts to bring the cases of second wives within its ambit. The second can also claim interim maintenance under the interpretation given to Section 24, HMA. In Laxmibai v. Ayodhya Prasad, it was held that 'wife' and 'husband' used in Section 24, HMA are not to be given strict literal meaning as to convey only legally married wife and husband. The expression wife and husband is in the context of the section and scheme of the Act should mean a person claiming to be a wife or a husband.
After the declaration of the nullity of the marriage, the second wife could claim maintenance under section 25, HMA. It was held in Rajesh Bai v. Shantabai, that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under this Section. The second wife can claim interim maintenance under Section 20 of the Hindu Adoption and Maintenance Act, 1956 (HAMA). In Kulwant Kaur alias Preeti v. Prem Nath, it was also said 'no sane lady would surrender herself unless she treats her male companian as her husband- whether the marriage is proved or not that is the point to be determined by the trial Court itself- but keeping in view the fact that the petitioner cohabited with the respondent, interim maintenance under Section 20, HAMA is allowed to her'.
Sir if both were gotten second marriage and knew about each others first marriage but after some time there is dispute and wife had no proof of first divorce as it was in panchayat orally and husband got decree of nullity .......actually i am an advocate at delhi and this situation happened in a case where there is one daughter out of this wedlock and court had granted interim for mother and daughter but after nullity it was ordered to half that amount means only for daughter
If both knew about their earlier marriage but still allow to arrange second marriage than sec 23 bars them to get any relief. If the second wife didn't know about the first marriage only then she is intitled to claim maintenance. Plz check sec 23 of HMA
U can file an application for the custody of child and if it is proved by u that the welfare of child be better protected under ur custody than court will surely give u the custody of child
It means what should not be done if done, become valid, For eg Boy age 21 and girl age 18 yr is required for marriage under Hindu marriage act, but if boy and girl married with each other in the age of minority than that marriage become valid under Hindu marriage act
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From Kolkata.
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@@harpreetsinghkahlon2827 Please Provide a platform where we can contact You. Like your MAIL ID.
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your lectures are far better then some of the paid teachers tysm sir for your support
Bahut sukriya sir🙏
Sir, you are really taking a great initiative. I use to hear your lectures daily for preparing my judiciary exam... Thank you so much sir.
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Sir please kindly make the videos of Constitutional law also.
Will do after crpc
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Sir smart lag rahe ho ooo
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Please provide us your lectures on constitution of India.
Much needed
If a divorcee gets the maintenance let suppose monthly, and she has performed marriage to the other person...
Does the monthly allowances continue which she's taking from ex- husband after remarriage
Discontinue
Thanx alot sir ... you teaching made complex study more easier .
Thanku sir appke waja se mera hindu marriage act complete hoo gya thanku soo much sir😍😍
Welcome
Great teaching skills haa sir appke😍😍
Thank you so much Sir ji
Thank you sir 🙏
thank u sir,
What if one party to the suit is not adhering to the custom and wants trial in court but the other party wants case to be tried according to customary practice
Sir punjab vich panchayat ch divorce hona custom nhi hai j fr v divorce hunda and husband ja wife second marriage krvonda ta first wife ja husband marriage rokva skda court ch ja k
It's not a divorce and the husband has a ryt to restrain wife for solmenizing second marriage.
Thnku so much sir 😊
Sir, custody of child shall be decided in the one case or needed to apply for custody separately?
Depend, sometimes in a single plaint person claimed different remedies
Thanks sir....so much..
Whether anyone can file for custody of a child independently without any other proceeding under HMA?
For the custody of child there is no pre condition of having any kind of Litigation but he/she has to specified the ground that why they r not living jointly. But usually it is happened as the lawyer always file the case for custody during the pendency of litigation between them
Sir section 26 ki application after decree of divorce bhi lag sakte hai? If phle lgana bhul gye the
diavorce case m 13 mei hi hum sec 26 ki application lga ke bache ki custody hum le sakte h
Yes u can
Thank u sir🤗
Guruuuuu ji crpc ka video nhi pa rhe ho kitne din ho gye
Veer Thoda sa bimar hu Aur Thoda sa busy
Good bless you sir
Vaheguru apji nu tandrusti deve
Tku sir
bacha 2yrs se mom k pass h to wo mom ke pss hi rahne k luye bolega to aise m bache ke byaan mayne rakhta h
Obviously 100%
Sir, can I get the video of section 21 (A, B, C) of Hindu Marriage Act.????
Sry, yet to be added. Will do
@@harpreetsinghkahlon2827 okk sir,
I want to ask a question sir, what is disbarrable offence????
I think it is disbarment not disbarrable
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity.
👌👌👌
Sec ,30 Ni btayaa jo last tha
Madam 1960 me repeal ho gaya tha vo
Sir bache ki custody ki application suit file karte samay lagegi or interium maintainance ki application bhi suit file karte samay lagegi.
U can file while filing the suit
Sir interium maintainance ki application to tab hi lagegi na jab wife ko lagega ki uske pass court me case ke liye paise nahi hai.
No dear, inspiteof that she don't have a money she can file application for maintenance immediately or along with reply
Sir agar husband wife ki joint property na ho akeli husband ki property ho to us case me husband ki property ka bhi 50-50 hoga
Court can't deal with that property
Sir, agar kise place te panchayati divorce custom hai. Nd divorce mil janda. Bad ch oss nu.court ch challenge kita ja skhda ?
Yes at any time, Bcz custom divorce is not allowed and one is required to take the divorce from the court
Ok sir. Nd thanks a lot
Sir if due to bigamy of wife ,marriage becomes null and void then can wife get relief under sec 25
Even though the law for the interim maintenance under Section 24, HMA does not categorically provide for maintenance for second wife, the Section has been given a very wide interpretation by the courts to bring the cases of second wives within its ambit. The second can also claim interim maintenance under the interpretation given to Section 24, HMA. In Laxmibai v. Ayodhya Prasad, it was held that 'wife' and 'husband' used in Section 24, HMA are not to be given strict literal meaning as to convey only legally married wife and husband. The expression wife and husband is in the context of the section and scheme of the Act should mean a person claiming to be a wife or a husband.
After the declaration of the nullity of the marriage, the second wife could claim maintenance under section 25, HMA. It was held in Rajesh Bai v. Shantabai, that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under this Section. The second wife can claim interim maintenance under Section 20 of the Hindu Adoption and Maintenance Act, 1956 (HAMA). In Kulwant Kaur alias Preeti v. Prem Nath, it was also said 'no sane lady would surrender herself unless she treats her male companian as her husband- whether the marriage is proved or not that is the point to be determined by the trial Court itself- but keeping in view the fact that the petitioner cohabited with the respondent, interim maintenance under Section 20, HAMA is allowed to her'.
Sir if both were gotten second marriage and knew about each others first marriage but after some time there is dispute and wife had no proof of first divorce as it was in panchayat orally and husband got decree of nullity .......actually i am an advocate at delhi and this situation happened in a case where there is one daughter out of this wedlock and court had granted interim for mother and daughter but after nullity it was ordered to half that amount means only for daughter
Now today i was watching your video and idea to file sec.25 came in my mind ....can it be maintainable
If both knew about their earlier marriage but still allow to arrange second marriage than sec 23 bars them to get any relief. If the second wife didn't know about the first marriage only then she is intitled to claim maintenance. Plz check sec 23 of HMA
Sir section 21 kyu nhi cover kiya ?
Will do
Sir maine divorce ka case kiya hai wife ke against.. mera son uske pass hai.. kya main sec 26 ki application lga skta hoon
U can file an application for the custody of child and if it is proved by u that the welfare of child be better protected under ur custody than court will surely give u the custody of child
Sir doctrine factum of valet Kya hota hair, Sir please explain kare
It means what should not be done if done, become valid,
For eg
Boy age 21 and girl age 18 yr is required for marriage under Hindu marriage act, but if boy and girl married with each other in the age of minority than that marriage become valid under Hindu marriage act
@@harpreetsinghkahlon2827 thanku very much sir
My pleasure
Thank u sir
Thank u sir
Thank u Sir