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Queries Participated

Anonymous   15 October 2010 at 09:57

Transfer of case

Thanks for all the experts for given their valuable guidelines, sir, again my quarry is that
The case of DV & Maint. are filed by brother's wife in Aligarh who is residing with their parents since March2010, in aligarh brother's wife & her parents are trying to stop us to attend the court hearing date and we are in fear that they can do any thing with our family resulting our family members already sent the complaints regarding such act through e-mails to C.M. UP , DGP, SSP GZB, & SSP ALIGARH.etc. in this subject.
I want to know that e-mail complaints evidence is sufficient or not for transfering the case from out of aligarh.
Thanks.

Member (Account Deleted)   09 October 2010 at 14:40

U/S 9 H.M.ACT

My wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT
1) I have made submissions in court that I have not deserted her and I am willing to maintain her live with her.
2)My wife also given the statment in court that I know that my husband was always ready and willing to keep me and is still ready to keep me and maintain me.
3)she also given the statment that she is still ready to live with the husband on condition that my husband brings two relative to my parental house to take me.
My Query . Since she is imposing a condition ,Can court pass decree in her favour.

Anonymous   09 October 2010 at 13:09

Demand of dowry and unwillingness to marry.

Dear Experts,

It is alleged by wife that the husband was unwilling to marry the wife and was forced to marry her. In the same petition it is also alleged that the husband demanded huge dowry.

Arent these allegation inconsistent. How can a person unwilling for marriage demand dowry to consider the marriage. Can the pleading of unwillingness be struck off due to the inconsistency.

please clarify.

Rajesh   09 October 2010 at 10:12

diciplinary action

1.How to take diciplinary action against delequent employees/workman?
2. Who can be Enquery Officer in departmental enqueires of company's employees/ workman?
3. Who can be represent to the management as its representative?

Anonymous   08 October 2010 at 16:49

Without Vakalat Nama ?

Dear All Expert,

one of the my friend asked me : A" Accused crime suit pending on majistrate court past one year on the stage that Accused counsel get job from one big company, the Counsel without informing to the client he has joined that company as a legal advicer,and he has not pickuped phone calls and changed his number. now my question is, in case that particular counsel not appear that case and other case's now how can changed my counsel with out vakalat.? kindly answer my question and any option is there in possible way.

Vijay Pandey   08 October 2010 at 15:02

consumer protection

Dear sir
i have filed a consumer case in Dist. forum and while submiting the case i was not filed the POA as i am filing the case on behalf of my mother and in that case on 19.5.10 copy served to the o.p. and 15.6.10 was fixed for w.s and on the same day o.p. did not appear and 29.6.10 was fixed for w.s but on 29.6.10 o.p.2 appeared and said that the copy provided to them is not readible and provide them a fresh copy and allow time same was provided and 16.7.10 was fixed for w.s. again o.p.2 appeared a prayed for time and 28.7.10 was fixed for w.s. again o.p.2 prayed for time than i received the copy under objection and 5.8.10 was fixed for o/h and on 5.8.10 the o.p.no. 2 submitted the copy of w.s. with o.p.no.1 who first time appeared by counsel of o.p.2 without authorising him to represent o.p.1 any document.
whether the court can allow them to file w.s. as per the provisions of law as the court has allowed them.
pls advice me whether i prefered appeal against this or what to do pls advice and kindly provide case law if available with the members in this case.
regards
Vijay Pandey.

Ameer Abdul Kader   08 October 2010 at 14:56

Cooperative Housing Society

Society Formed in 1994 was subdivded in 2005 by the builder / presidet and giving the Assitant Registrar a forged signatures on a self prepatare resolution what is the legale standing of this society some of the members have presented bank attested signatures to subregistrar which proves prima facia the forgery this resolution is signed by the President and secretary who is the lawyer of the builder the Assitant Registrar subdivided the society into three what is the validity of this society is the society legale as per Co-op Law of Maharashtra

rani----------   08 October 2010 at 12:37

retention period

This is the very important question that most of the ppl asked but very less waas replied upon this,

during the pendency of the suit a witness is shown the photocopy of his assessment of income tax return filled by him in the year 1986-87 but when put to him he denies it during cross examination , so can we call upon the department to produce the original assessment during cross examination of witness , will these type of document retained permanently during the life time with the department for any further use or it is weeded out . i hope some of the document will retains permanently with the department can any one name which kind of documents retains permanently to show that he was filing return at that time .

regards,

rani

Anonymous   08 October 2010 at 08:17

can i apply to diosmiss the application filed by wife u/s. 125 of C. R. Pc.?


Dear Experts,

A husband and wife married in the year2007. In the year 2009, the wife under the influence of her parents, left her matrimonial home alongwith her two years old baby without any reason. Husband filed a matrimonial petition before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra for restitution of conjugal rights. Knowing that wife filed an application u/s. 125 of cr. P.c. before the Hon’ble J. M. F. C. court, Gujarat for maintenance for herself and younger daughter. The said application filed after about 13 days from the petition filed by husband. In the petition filed by husband, the summons issued by court was send through R. P. Ad. was refused by wife hence presumed served. And even after service of summons wife failed to remain present before the court, hence the court kept the matter as Ex-parte. Petition filed by husband then ordered ex-parte by the Hon’ble J. M. F. C. (S.D.) court, and wife directed to co-relate with husband with in fifteen days. The application filed by wife u/s. 125 of C. R. Pc. is pending.

My query is that…

can I make an application on behalf of husband before Hon’ble J. M. F. C. court, Gujarat to dismiss the criminal application filed by wife as the husband got the order in his favour in his petition filed 13 days earlier then the application of wife, before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra?

pl. reply me urgent.

Thanks in advance.

Manoj Choudhary   08 October 2010 at 08:01

need advice

Can Interim maintinance order be passed without any proof or witness by the judge of family court. I can prove cruelty of wife and her family members in court and also can prove that she is self employed. If interim order passed in favour of wife, is it Appealable, if yes do the husband have to pay some amount to wife before appeal. Do wife have to hire lawyer for that appeal as well