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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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deepgentle   18 February 2012 at 05:51

Family disputes advice - 498a, dv, u/s 18 hama

Hello Sir,

I have been harrassed by my wife, and she has filed false cases against me. Brief history is that in Year 2010 She has filed DV act against me and have asked maintainence of Rs.5000/- per month, but till date there's no summons served to me nor there is any order passed regarding the maintainence, its still pending. So, now in Nov 2011 she has filed u/s 18 HAMA act & in this she has asked for Rs.25000/- maintainence per month, which is also pending and now the argument will start. And when she filed u/s 18 HAMA in 2011 she has said her in petition of intermin maintainence & affidavit for the same that she has not filed "any such other application for the same cause". I still dont know whether she is working currently, but i doubt she is...!!!! and if she has a job, her Salary would be Rs.20,000 to Rs.25,000 P.M. Where as my salary is Rs.25000/- PM. Currently we are staying separate since 2 years & got seprate in 3 & half months of marriage, since March 2010. We dont have any child. I have a proof that she's having an affair.
Cases on me : 307,498A,504,323,34 (were filed in march 2010). DV Act (was filed in june 2010). 406 (was filed in nov 2010). u/s 18 HAMA Act (was filed in Nov 2011)

My doubts are.....
1) Can she file such type of two maintainence cases?
2) Can the said application of 18 HAMA Act be dismissed on the grounds of false legal submission? As she came with unclean hand?
3) Can the said application of 18 HAMA Act be dismissed on the grounds of same cause of action?
4) Is this the Jeopardy?
5) Can this be dismissed on the grounds that she is working & earning good Salary?
6) Can this be dismissed as she lied by taking oath that she is house wife, and have given affidavit for the same but currently working?
7) Is DV Act & u/s 18 Hama Act are different & she can file both cases?
8) Any other suggestions / guide line from you? Please help?

Highly appreciate your valuable time, please do suggest me sir.
Thank you Sir.

manmohan singh   17 February 2012 at 22:36

Rebuttal of charge sheet issued

A charge sheet has been issued to me by my employers. I want the charge sheet to be rebutted by me. What is the procedure for/ precaution to be taken to safeguard my interest. Is any background material available in this regard. If so, pl. enlighten me. uniqrajpal

Vinav K Mishra   17 February 2012 at 21:54

138 ni act

I am a Student. Today, when I appeared before an additional chief jmfc and moved an application for the issuance of a bailable warrant, the judge said that the case was on the stage to lead evidence and so the stage of warrant is already over and hence rejected my application of issuance of Bailable Warrant. is it justified and if yes why??

Sushil Sharma   17 February 2012 at 21:38

Second anticipatory bail

1st anticipatory bail application was withdrawn before issuing of notice to state, whether 2nd is maintainable.

Rajini Sunderraj   17 February 2012 at 14:29

Procedure followed by poice and courts in forgery cases.

Sir,

Signatures of my friend was forged to make up some docs. The same docs in file of court.

The signatures does not match at all from the childhood of my friend and records from school to bank signs are available.

Looks signatures are completely orchestrated.

Kindly help me by telling the procedures followed by the police and courts to investigate the forgery of the alleged signatures and will the old records of more than 30years help my friend to prove that the signatures are forged.

Thanks!



Amruth   17 February 2012 at 12:53

498a closure

My wife filed a false 498a case and after mediation and agreement for settlement we got divorce through mutual consent. As per the agreement she was supposed to help police file a B report in court and help me close the case. Police have filed a B report in Dec 2011 and still I do not know the progress of the case. My lawyer keeps on saying that the case has not come for hearing in court.I doubt my lawyer is working with her lawyer for some ulterior motives.

How should I find out the real situation in the case independently without my lawyer ?I want to finish this case off , so that I can settle down from all the tensions I had far past 6 months. Can you please guide me.

wifebetrayed   17 February 2012 at 01:42

Would case start without wife presense.


author : wifebetrayed

Posted 3 days ago
chargesheet filed, would case start without wife attending court. Witness in chargesheet are, her , her parents and one neighbour who has mentioned only information he has is hearsay from my FIL.

how does 498a case start, since i have read her presense in not mandatory since case is bw me and state

she cant make the same statement as chargesheet under oath in court, since she is now aware of audio recording i have.

I want to understand, how many dates court generally allow if prime witness does not come to court.






Expert : adv. rajeev ( rajoo ) PRO CHAT CALL
12345.

Posted 3 days ago



Rate Now :
12345 She has to come to the court only at the time of her evidence, it is not necessaryto be present in all the adjourn,ents.





Expert : ajay sethi PRO CHAT CALL
Talk to this Lawyer
12345.

Posted 3 days ago



Rate Now :
12345 if prme witness does not come for giving evidence court may grant 2/3 adjournements . however if witness is sufffering from serious illness court may grant more time





author : wifebetrayed

Posted 3 days ago
thanks to god, she is not suffering from any serious illness.

i want to understand, how the case would start, police has not done any investigation and just made repetation of her statement in chargesheet.

would IO give his statment first or what is the procedure.




vinodkumar   16 February 2012 at 23:32

Crpc 125

The application of U/s crpc 125 for maintaince,is summons triable case or warrant triable? if i want to apply for cancel the application,( b.coz i already pay the maintaince amount to her by bank every month} under which section is applicable of crpc.?

jai shankar keshri   16 February 2012 at 22:01

Release of commercial vehicle

hello sir,
my query is that i had filed a petition before the trial court for release of Tata 407 on behalf of the owner as the FIR was registered U/s 414 I.P.C. but the same was rejected by the trial court. the owner has already been granted anticipatory bail and thereafter i filed a revision before the court of District and Session Judge but the same is pending. Plz suggest me whether the revision is maintainable or not ? Is it an interlocutory order ? Plz suggest me along with recent citations
regards
jai

Sushil Sharma   16 February 2012 at 20:37

Anticipatory bail

how many days notice can be given to public prosecutor in case of anticipatory bail its urgent please if any case law