sk..........
01 March 2014 at 15:53
civil suit is posted for evidence due to ill health I could not attend court I am party in person.
1- will the court give next date in my absence.
2- is there any loss if I do not attend.
Anurag Mittal
01 March 2014 at 12:05
Family Court has passed an order dt.22.10.2013 directing the respondent to file written statement subject to costs of Rs.5,000 and in the same order it dismissed respondent application under Order 7 Rule 11 CPC and also dismissed application of petitioner under Order 8 Rule 1, 9, 10 CPC.
Next date of hearing given by Family court was 02.12.2013.
In the meantime on 29.11.2013 petitioner filed a Civil Misc Main petition instead of civil revision petition against Family Court order Dt.22.10.2013 allowing the respondent to file written statement.
However the petitioner did not got the matter - Civil Misc Main petition filed at Delhi High Court prior to or on 02.12.2013.
Respondent on 02.12.2013 complies with the Family Court order Dt.22.10.2013 and files his written statement on 02.12.2013. Again the Objection was raised by petitioner on 02.12.2013 not to allow respondent to place his written statement on record. The said objection was overruled. Petitioner does not Inform the Family court about the filing of Civil Misc Main petition at Delhi High Court on 29.11.2013 praying for setting aside Order dt.22.10.2013 passed by family court and also did not mentioned that the petitioner has moved an interim applications as well in her Civil Misc Main petition at Delhi High Court praying for directions to be given to Family court not to take the written statement from respondent on record. However the said Civil Misc Main petition is listed on 11.12.2013 at Delhi High Court MUCH AFTER the Family Court Date of Hearing on 02.12.2013 on which the written statement was already taken on record. The Petitioner Concealed and did not FILED the Order Dt.02.12.2013 as an additional document along with his Civil Misc Main petition and prays to the filing department on 09.12.2013 to get the matter listed on 11.12.2013. No information about 11.12.2013 is given to respondent and behind respondent back Petitioner Obtains Order dt.11.12.2013 increasing the costs imposed on respondent from Rs.5,000 to Rs.20,000. Further the HC does not grants relief to petitioner not to take the written statement on record. Query: After the Family Court Date of Hearing on 02.12.2013 the Civil Misc Main petition filed by petitioner on 29.11.2013 but deliberately listed on 11.12.2013 and concealing order dt.02.12.2013 , it should have by default become INFRUCTOUS.
Ashutosh Choubey
01 March 2014 at 11:58
Dear Sir
Whether order given by a court in a case of Society / federation/ organisation is applicable and binding on the members of the society / federation/ organisation by which they are represented.
Pl give inputs.
GANGAM.RAJENDER.
01 March 2014 at 10:38
respected experts,
plaint was rejected by the superintendent which was not numbered in the court.
Q1.AT THIS STAGE CAN WE TAKE THE COURT FEE BACK AS WE ARE NOT INTERESTED TO FILE THE CASE AGAIN.
Q2.IF ANY PROCEDURE ACCORDING TO CPC OR COURT FEE ACT PLS PROVIDE SECTIONS AND PROCEDURE .
THANK YOU SIR.
Mustafa Bhat
01 March 2014 at 07:20
I am a Muslim married to Muslim Girl,Divorced her in 2009 as per Muslim personal law & then married with another girl in 2010.The lady(whom I divorced) after my Second marriage filled various bogus litigation like 498A & 406 which is under trail in Court of Law,She also filled RCR which was dismissed by Court.Maintenance for our baby which was disposed by court with the direction to pay maintenance to baby which i am depositing regular in the account provided by them, the lady herself being a Govt employ.
She also filled a complain to my head of Department for Bigamous were in Primary Enquire was conduct , the report of the enquire revealed that I married 7 months after divorce,however for second marriage i didnot sought permission.
Then second enquire was ordered as my ex-in laws have good say in political corridor,were in enquire officer reported that " During the course of enquire it was Established the employ has contracted second marriage in violation of Employ Conduct rule 1971 by not seeking permission from the Competent authority,"
I was not provided any information about this second enquire.
On this Charge sheet was issued which is
" Rule 22 (1) of Empoly conduct Rules 1971 provides that no government employee who has a wife living shall contract another marriage without first Obtaining the Permission of the Government,notwithstanding that such marriage is permissible under the Personal law for the time being applicable to him.
Mr. AAA has contracted second marriage without consent of his wife & without permission of the Government which is pre-requisite as per above Rules. The said act on the part of the officer tantamounts to Violation of employees Conduct Rule 1971 & liable for disciplinary action as per State Civil Service( Classification,Control & Appeal) Rules,1956."
You are required to submit a written Statement to the Government within 15 days, if he doesn't submit his written statement of defenses before time,the disciplinary proceeding against him shall be held ex-parte.
Now my query is
1) I divorced the lady as per Muslim Personal law.Then does i need to seek her permission for 2nd marriage.
2) Does i need to seek permission from Govt after divorce as first relation seized after divorce.
Please guide & advise.
Annu
28 February 2014 at 16:43
on receipt of registered A/d acknowledgement i noticed that it is not signed by the person to whom it was addressed.rather it is signed by someone whom i dont know?
What does this has implication in legal terms?
raj girwal
28 February 2014 at 16:12
Respected experts~
On 10th dec.2013 i was sitting on the bus stand of Indore for waiting to bus to go my home.and during sitting there a girl came to me and sat just beside me.she asked me where r u going i told her that i am going to my home then she said i am also going towards there,that time her expressions were not good so i said her"if u don't have money ,i will give u" she said no i have money but i m in trouble will u help me i said tell me, she said my room mat has gone with a boy(leaving house) and now police and her family members r finding me,her family members are accusing that due to u our daughter has left home ,and she said please shelter me for tonight. i said i can not take u my home otherwise my parents will angry on me.then she said do not worry i have money please come with me ( that time time was 10 pm) we will go to khandawa(a city) by train and it will take 3 to 4 hrs to get there. and we will return
again by train. i said her how can u trust me she said i do not have other options or time to find someone else.kindly do help me.
that day helped her.and gave my mob.no.to her.
then we used to talk a little bit but she used to say to get a room on guarantee of me.
i did .after few days she said i lost my whole money please help me ,then she shifted to my room (rented room)in indore.
now she is residing with me. now i came to know that she was telling lie on 10th dec.
we did sex so many time with mutual consent
and she said me i will never accuse u for any crime. even she wrote statements on stamp papers that she will never accuse me .and she is still living with me happily .and i did not pressure her to do anything for me. she is happy with me but
my problem is that if she will accuse me in future then what should i do because i know and she knows that we did every thing in good faith and with mutual consent but police and court do not know. then kindly suggest me that if she will accuse me in future then what kind of proof can i have to prove myself that i m not a criminal or accused. as of now there is no problem between us but kindly suggest me for future because i m a student and i said her that i will not get merry with u and she agreed. now i stopped to do sex with her but i did not make any problem for her. she is living
peacefully and happily.
gopinathan
28 February 2014 at 14:08
My cousin sister husband died in an accident on 17/03/2013. one of his creditor filed a suit against my sister and her children (one is minor)
Claiming that
your husband borrowed a sum of Rs.3,00,000/- on 22/09/2011 by executing a Promissory Note and promising to repay the same on demand with interest @ 24%.’
Now, your husband is no more, you are all (my sister and children) his legal heirs having inherited the estate of your husband, all of you liable to discharge the debts of your husband.
And also claiming attachment of my sister and children property before judgment.
The Promissory note is signed by her husband only
She did not know any thing about the debts and how mush money is really borrowed.
She only known that there was some transaction between them ( i.e. Chit transaction)
There is no property vested by her Husband name.
What is liability of my sister in this case ?
Sir please help me
- gopinathan
krishna
28 February 2014 at 12:59
A – Plaintiff
Vs
1. B
2. C
3. D
4. E
Property is on the name F died in 1981. B is the legal heirs of F.
A, C, D are the legal heir of G. G died in 1973.
Though this property is on the name F , it is acceptable to A,B,C,D, that this property is combine property of F & G & E is also aware that.
April B ,C,D, negotiated with E to sell this Property to E and E paid certain amount to B on paper without the knowledge of A who is in possession of this property.
After that B,C,D,E started pressurizing plaintiff to take money of his share in this property and handover the possession of this property to E.
A refused to sell this property and accepted to pay money to B,C,D but A could not pay money to them because of problem created by B,C,D,E and therefore A refused to sell this property to E.
For example from 1981 till 2013 B was never residing in this property and A,C,D were residing in this property and last 15 years only A – plaintiff was residing in this property.
B,C,D forcibly expelled plaintiff from this property and locked said property in June
then plaintiff file criminal complaint and complaint under 145 of crpc to get possession ‘
When complaint was pending under 145 in court E took the possession of property forcibly and all the document executed on the name of B showing F as full owner and B is the only legal heir of Property and it is shown that B is residing in this Property since several years.
Same information was written in sale deed, at the time of making Sale Deed E was aware that case under 145 in respect of this property is pending – enough proof to show that E was aware that. Even government authority aware that case in respect of this property under 145 is pending – enough proof to show that government authority was aware that.
In spite knowing this government authority transfer this property on the name of E with the help of document including sale deed which contain false information when case under 145 was pending and
after that Plaintiff withdraw 145 case and file civil suit.
B is died now & statement of B given to police available in which B states that this property was purchased by F & G .
E is now saying that he negotiated with B in July but it can be proved that he negotiated in April.
1. Is it possible for plaintiff to ask court to declare sale deed and other document executed between B & E as void as they contain false information and at that time case under 145 was pending in respect of this property and defendant was aware that and cancel the transfer of this property and give back possession of property to Plaintiff since plaintiff forcibly expelled from property without following due process of law?
2. Appoint a court receiver to said property till final disposal of the case ?
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Need help
Thank you very much to all of you experts:-
Now i would like to know that Is written and signed stamp paper enough for me or should i do anything else kindly suggest me because if this will not enough for me she can do some more things for me to get my faith, even she can sign or make a thumb on so many stamp papers (because she has left her house due to her father .her father had beaten off to her last year on shivratri 10 march 2013 and they did not try to find her therefore she left her house. she said in this one year she lived with a lady and she was forcing her to get married with a guy so she left her house too and met me.now she has no other option .that is why she is living with me . i am also not pressuring her to go out because her behavior is good .she wants to live with me till she will get any good job for her.and .we both are adult.if i tell this to my parents they wont give me any money. no longer i will afford her expenses because she is going to work(in a BPO) but reside with me as she said to me.
Raj Girwal....