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1800 - 1820 of 2029 in 102 pages
Replied in : Alimony
Posted by : Helping Hand ! on 20 May 2013
 

^ ^ ^


Desertion cannot be proved?


No need.


There is no law written which could make husband and wife stay together.


When things have become so worse, even if desertion cannot be proved, one can always get divorce by proving to the court that one is not willing to accept her back at any cost.  Things will take a lot of time in such cases, but eventually, court will grant divorce [ for eg: irretrivable breakdown of marriage]

 
Replied in : Advise please.
Posted by : newS_Know!!! on 20 May 2013
 

@Querist,

 

Agreement in restraint of trade,void.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
Replied in : Filing a criminal case when a civil suit pending?
Posted by : newS_Know!!! on 20 May 2013
 

@Querist,

 

Wait till an order is made by the court.You can also go for compensation under Civil Tort.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
Replied in : Asst. prof job in osmania university
Posted by : newS_Know!!! on 20 May 2013
 

@Querist,

 

1.Get a degree in Law.

 

2.Qualify NET exams thereafter.

 

3.If you clear NET,apply for the appropriate post suject to Vacancy in Universities.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
Replied in : Help cheque bounce
Posted by : R Trivedi on 20 May 2013
 

Was the application under S.311 filed for bringing in new witness ? As rightly stated the second affidavit seems inadmissible.

 
Replied in : Alimony
Posted by : ashoksrivastava on 20 May 2013
 

Ratna court accepted that wife deserted husband and wife believes that husband made her desert him.isn't it?

No husband can win a divorce case on grounds of desertion in Indian court if wife tells the court that she wants to join her husband. but husband is thwarting attempts of cohabitation by her.

Tmely filing of RCR  by wife would have proved your point that wife didn't desert husband  but its the other way round.

regards ASHOK

 
Replied in : Amendment in affidavit to complainant - in a ch return case
Posted by : R Trivedi on 20 May 2013
 

Yes it can be done, the court may keep both the affidavits on record and may allow the new affidavit, since no way accused is getting prejudiced with this. After the cognizance and issuance of the process the matter would have been different. At the best court will raise an objection that the date of filing the case within stipulated time may be over, but you can always argue that witness who filed the affidavit was not yet examined and it was a bonafide mistake.

 
Replied in : Exemption on housing loan intererst
Posted by : Kuldeep Gauniyal on 20 May 2013
 
You are right with little correction 'pre-construction interest' and 'pre-EMI' are two different things. In the current case, EMI has already started and flat is under construction.
 
Replied in : Alimony
Posted by : ashoksrivastava on 20 May 2013
 

Ratna court accepted that wife deserted husband and wife believes that husband made her desert him.isn't it?

mod/admin is requested to delete this repeated post of mine which got inadvertently posted twice

regards ASHOK

 
New Topic Compensation reg termination
Posted by : VASANTHAKUMAR J V on 20 May 2013
 

 

     Moderators / Legal Advisers ,

 

   I have been terminated from Regional RUral Bank based on misconduct..  i have filed case in high court .


   Suppose if i win the case , can i claim compensation against the bank for the mental harrasment given by them to me


       1 . like they spoiled my name by terminating my services

        2.  financially and mentally disturbed  .........  

 

Can i state that in my case itself if i won the case or during the case  or i must put another case for this if i have won the case ????

 

Please suggest me what are the procedures to claim compensation from the bank if i won the case against my termination of services .

 
New Topic Dv act
Posted by : madhu on 20 May 2013
 

sir/me and my husband seprated past 1 year.but past 2 months we talk on phone daily.but some time my husband aargu me some pitty issue .some time gave me( galiya).i have recordings.i am a govt, employ and he is a student,can i file a DOMESTIC VOILANCE CASE AGAINT him.please gave me a advice for my query----

1)if i filoe a domestice voilance case, he gave me compensation or not?

2)he goes to jail or not?

i am a govt, employ and he is a student ,and i have a govt. flat in delhi and he is residing in haryana.

plz help me

 
Replied in : 498a acquittal story - mra atit
Posted by : Gaurav on 20 May 2013
 

Yes,

Apart from this, he has been fighting for the cause.

make all laws gender neutral.

 
Replied in : Multiple 498a
Posted by : ashoksrivastava on 20 May 2013
 
If fresh 498a cruelty is alleged then theoretically yes it can be done.However false allegations in this case will be counterproductive so chances are slim. regards ASHOK
 
Replied in : Recorded call media in divorce case
Posted by : Amit--------------- on 20 May 2013
 

the backup of the original memory card is treated as Secondary evidence, which is subjected to admission / denyal of opposite party.


the original memory card containing the original recording is treated as Primary Evidence

 

of course, any evidence, to be admissible in court - must be untampered..

 
Replied in : Wife wants judicial separation
Posted by : Helping Hand ! on 20 May 2013
 
Originally posted by : Paul

Thanks sir . So Judicial separation can't be a life long process ....as I understand and also if  her intention is to extract money from me stay separate with my kids and enjoy her life with her newly found boyfriend ..I think I have to move fast for divorce ...

I am still interrested for reconciliation as it is two kids and 10 years of marriage ...however my wife is not at all intersted and also her family members not showing signs of conreconciliation... She admits she is having strong relationship with a guy ..however we are very scared of litigation process....please suggest what to do to bring my life on track

 

Thanks

Rohit

Paul/Rohit


1.  You should have evidence of her adultery.  If she is willingly accepts it, fine.  Or else you have to prove to the court that she is of adulterous nature based on which when proved you will be granted divorce.

2.  As for your thoughts of reconciliation etc... Its entirely up to her to consider it or not, but even the court will arrange for mediation several times regarding this.

3.  If your wife contests the divorce, then it will drag on for years together.  Another thing would be the alimony part, where if it is not proved that she is in another relationship, in the interim you will have to pay alimony to her, until the disposal of the case.  If she is a working woman, and if you provide details of her employment, income, salary etc to court, then the court wll not grant alimony to her.

4.  Further you may expect false cases such as DV and/or 498a, for the latter you will have to secure a anticipatory bail whose value will last for a period of 1 month.

5.  Custody:  You will also have to face a custody case for the kids from the wife, if she wants the kids.


So be prepared for everything.  Take one step at a time.  First step as I said, would be to file divorce petition on basis of adultery.

 
Replied in : Recorded call media in divorce case
Posted by : Helping Hand ! on 20 May 2013
 

^ ^ ^


What do you mean by original media?


any recorded media will be in some of these type of formats...


MPEG

WAV

MP4 etc


Point is the material should be unaltered one, having cuts, here and there, will make such evidence not acceptable.


For instance, husband and wife are talking, slowly either of the spouse become abusive verbally or abusive physically.  The entire shot should be in one go.  It should not project one has hero and other as a villain just giving only aspects required to obtaining results.



 
Replied in : Alimony
Posted by : Vinayak on 20 May 2013
 

///////

Dear Vinayak

Looks like u r new to this forum or you just joined this forum time passing, nowadays its quite common wife is Deserting husbands life later files so many false cases///////////

I am NOT new here

I am NOT here just for passing time or time passing

read my question carefully and you will understand

see the word NOT written in caps on my original question

 

--------------

regards

 

 
Replied in : False case of abuse and harrassment
Posted by : Amit--------------- on 20 May 2013
 

vinayak, 

 

i m blessed with 498a - 406 - 323 - 504 - 506 - 34

did Harey - Ram ... Harey - Krishna in police lockup for 1 day with my family.


i m just sharing my experiences with others, in the same boat.

 
New Topic Cheque was issued by a husband from an account jointly opera
Posted by : Beni Prasad on 20 May 2013
 

 

Cheque was issued by a husband from an account jointly operated by his Wife.

 

Learned counsel for petitioner, by placing reliance on a decision of Kerala High Court in T.N.Devi vs. A.C.Haridas and another 2004 Cri.L.J. 4710 submits that where the account is joint and cheque issued only by husband in discharge of his liability, wife was not drawer and had no liability, merely because she happened to be 2
spouse of the accused and account can be operated by either of them, that cannot make her culpably liable. Moreso, when she was not sought to be made liable with help of Section 141 of Negotiable Instruments Act.
Perused the complaint. There is no allegation that petitioner Smt. Anjleena Prakash is involved in the transaction. Her liability cannot be fixed only on the ground that cheque which was issued was in the joint name of petitioner and her husband. As she has not issued any cheque and has not taken any part, so no criminal liability can be saddled upon her.
 
Madhya Pradesh High Court
Smt. Anjleena Prakash vs Jitendra Kumar Kesharwani on 4 September, 2012
 
Replied in : Threat before marriage
Posted by : Vinayak on 20 May 2013
 

This is a dangerous sign that some one is threatening some one elese ...that too a would be son in law

 

Please refer to http://www.scribd.com/doc/106788620/Warning-for-Indian-Bachelors

 

Positively send this link to your friend

 

----

regards

Vinayak

 


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