as
13 February 2012 at 21:37
i have filed for a divorce in may2010 when my wife left me and my rented house after a quarrel along with my son. she didnt came back after reminders.and after approx. 4 months she had taken away all the house hold goods with her as the accomodation was locked and the keys were wtih her. i have not seen myson for almost 1 1/2 years as she herself is a lawyer. when my case was going on in delhi she filed a compllaint from u.p about 498a including all my family members saying that we had beaten her on 17/10/2010 where as she had left the rented accomodation in april 2010 she is trying to implicate us in to false criminal cases. we have gone to allahabad high court and taken a arrest stay and case went for mediation but after 5or 6 dates mediation failed because of my wife and the matter comes to court and had issued order order copy is attached. we have surrendered before the court & ghaziabad court has given us interim bail for 15 days to me & my family memebers please guide me is something to worry or will i get regular bail
Mohan R
13 February 2012 at 21:36
DearExperts,
Q1)Is it mandatory for a complainant to approach CAW cell (Crime Against Women) cell first and have her complaint first entertained, with attempts of possible compromises etc and then only if it isn't workable, proceedings in a DV case under Section 12 can be filed.
Q2)Or can the wife approach a court directly without CAW cell and file DV case against husband.
Q3)I hear there's a Supreme Court judgment that approaching CAW cell is mandatory????
Q4)And if without approaching CAW, wife files a complaint with police station only and their enquiry report says its a property dispute, not mentioning evidence of DV, what should an accused do in such a case where he's just received the summons so far and date is 3 weeks away.???
Q4)Should application under section 227crpc or 239crpc be moved or not???
I hope all four questions will be answered in detail.
Thank you very much.
D Nanda Kumar
13 February 2012 at 21:24
Despite the oral submission by PP on 12.10.2011 for withdrawal of the case (details in the attachment)there is no progress in that direction till date. Witnesses are being called with out papers and time is going on. Is anything possible to expedite the process thro' RTI act. Please let me know. JGD
vikash
13 February 2012 at 19:52
Dear sir
i made an accident in small town. case registered and i accept my mistake by which session court gave the verdict to pay the fine of 2500 rs which i paid and acquitted from the charges . sir i want to know what is the maximum time period for appeal in high court after this judgement.
Yatin
13 February 2012 at 17:14
Sir,
during investigation the accused does not have a right to be heard but could the complainant be heard at every stage of investigation?
Aadi Keshav Reddy
13 February 2012 at 16:01
Dear Sir/ Madam,
one 10th class girl came to my home after sifting my home to other place, she came to my house to stay with me, already from 2 years she is in love with me, her parents doesn’t accept her love, after she came to my home after 3,4 months i spoke with her parents your daughter came to my home i am going to pay her 10th class exam fees now we have to come there and accept her love, me also same cast and studying, and job also doing, I will marry her, we will be happy in future. they accepted and asked me come to their home they told me, in our area already knew that you two are done love marriage, I will be here also they knew my mother, my back ground also, i told them after 1.5 years or 2 years i will marry your daughter, they said ok, at list people known na just put one nuptial thread in front of god i did that for her,(not interested to do these things but she at that time she is good with me) we are living without marriage in public in their area with their daughter i told in public i married her and with my parents also i told i am in love with one girl, she also helping me to study some courses but i don’t lose career, and future. I told my parents i will marry her they accepted that and said first you complete your career next you her,,,,,, after some days we are living like family in front of public, in their colony after 3 month they came to scold me, and threw out me from her life lot of problems i got i can't say that,,,i came out side after 2,3 months she is calling me why ?, i don’t know? i asked her to please don’t hurt me like this, don’t cheat me then she and her mother told me 5,6 months u raped my daughter give me money or not i will give police complaint, about this matter, about past and photos of my wedding totally how i cheated by them with these i went to police station, if she wants marry legally i am interested or also i don’t want to hurt her i will leave her totally i asked them please help me sir but i am poor person i did night time security jobs to complete my computer courses and education till now i am going for best career i want to help my sister & mom. Finally they put case that 253 section because police officers also can't do anything if girl tell any wrong complaints, it’s done by them before 1.2 years i don’t know what i have to do, all evidence with me like marriage photos in front of her parents, If i done wrong with her, her mother also done mistake to send to put family with 17 years daughter and now i am asking her to leave me alone why you & your mother doing like this please help me or come to marry me, i begged her lot of times now she and her mother scolding me very bad and telling that u die i don’t want see you, you have to go jail or give me 5 laks rupees,,,,,,,,,,i don’t knew want to do after my paychee 2 years i am fearing to go jail and i having goals, and i want to help my mom and sister, i begging you all, and i am crying always, thinking always i am fearing to tell this story with photos, and phone records all are believing her and her mother words no body trying to get proofs about my past...................................please sir/madam help to achieve my goals, help me to give support my parents, i don’t want to cry like this always i don’t know what to do, i don’t want die without reaching my goals, i have done very hard work in my, i have completed lot of computer skills..................................please help me
munde cheppanu na life gurunchi aa ammai ki appudu vinaledu, aa ammai, valla amma mosam chesaru ippudu inkokarni pelli chesukuntondi, e vishyam final cheyakunda chala asabyanga matludutunnaru, eppudu aa ammai gurunchi alochistu, edustune vunnanu, chala badhaga undi maa amma, chelli ki help cheyaleka, na career set chesukoleka future ante chala bayanga undi please help me nenu emi cheyaleka roju edustune vunnanu. Na life nenu chusukuntanu nannu vadileyandi ilaga ani adugutunte, court lo “nannu champadaniki vachadu, rape chesadu ani cheptanu nuvvu life long jail lo vundali antunnarunext year na marriage antunnaru naku bayam vestundi chichi potanemo anipistundi nenu emi cheyalo artham kavadam ledu enduku na life ila ayyindo na future ento naku artham kavadam ledu…..dayachesi Sir/Madam help cheyandi
Advocate_Sukanya
13 February 2012 at 15:06
Honoured Members of lawyersclubindia,
My name is Sukanya and I am just passed out advocate. My senior Advocate died unexpectedly and I am handling a criminal case single handedly. I have some urgent questions in my case.
In a criminal case of my client, the complainant , the victim and all five panch witnesses are absent in court and did come for single day to court. Only the IO, a govt medical doctor and a constable ( all police witnesses) came to court for witness and cross examination.
Members my question is
1. Can I file for dismissal of case.
2. In the present case, can my client ( the only accused) file for exemption for 313 statement?
3. What else should i do?
Please help me members. I am ashamed of my trivial questions. But please help me, as my next hearing date is tomorrow.
saurabh mishra
13 February 2012 at 15:02
1st private complaint is filled against my father and 16 more person.police final report said excluding my father all are accused then have trial by ADJ session court. complainant again file the same complaint against my father with same ground and evidence. CJM taken cognizance under section 302 ipc and issue non-bailable warrant in first incidence.after that we go high court for quashing the case under section 482 crpc which was dismissed. the we go for anticipatory 438 in session court which was dismissed.then again high court and its dismissed ,supreme court and dismissed the anticipatory bail but it get liberty to me if i filed the petition under section 210 crpc the court may be disposed of expeditiously and in according with law.
my question is that what we should do right now?
wifebetrayed
13 February 2012 at 11:11
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.
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Expediting section 156 crpc fraud case
My relative made a fake will which he used in 4 courts (civil case). My relative withdrew his revision petition from High Court. He has never produced original will in 4 years. I gave a complaint to police regarding a fraudelent will. Police refused to register FIR. I then filed case under 156 crpc in local court. Witness statements have been completed nearly 1 year ago. Case is still on arguments. Can I expedite court case and if so how? Thank you in advance.