Anonymous
15 December 2011 at 15:23
Please answer
1. Wife filed false DV case under sec 18,19,20,22.
2. Wife was demanding 25,000/- per month, (Husband is earning 22000/- and lawyer is representing him in the court)
My Question:
1. Can wife file affidavit in same /lower court to increase maintenance amount? Doesn’t wife have to appeal in higher court?
2. Can wife ask for Stridhan from in-laws even if husband is staying separate from parents?
3. Why lower court accept wife affidavit and give hearing date for maintenance again after judgement of interim maintenance and stridhan?
Md Shadab Ansari
15 December 2011 at 00:11
Accused "A" was not named in FIR, his name came in confessional statement of "B" a Co-Accused.Charge sheet was filled against "B".Later on Police prayed for the arrest warrant for "A" after that a prayer for the proceeding 82 and 83 of Cr.P.C was also made and was granted.My question is Without Cognizance Magistrate Issued order u/s 83 of Cr.P.C and attachment was done!!Here what action we can take against the Magistrate...Judiciary is playing the role of prosecution...there are several instances where the partisan face of Judiciary came out..
In my 2 years of practice I have observed that Lower judiciary has become the part of the prosecution.It blindly agree with the prayers of the prosecution...
In another instance police arrested owner and the driver of a vehicle u/s 414.The seizure list didnt bear the signature of the accused...In this case Magistrate rejected the bail and in session court today was hearing the judge asked for criminal antecedent of the accused from police and fixed the date on 3 Jan for hearing...
In another case the magistrate sent the accused to other district for the trial of a different case after that he issued arrest warrants against the witnesses and when they appeared in the court the magistrate was not ready to stay the arrest warrant..after a very fierce argument he agreed.
In another case there was a maximum penalty Rs 500 for the offence. we filed a petition to plead the guilt(Not on the date)the magistrate told he would not entertain the petition as it was not filed on date and taken the accused in custody.then we filed bail application which was granted but the surety fixed was 10000*2.
There is lots of hole in judiciary but no one dares to bell the cat...
I asked the learned members what can be done and how we can improve the situation.??
Anonymous
14 December 2011 at 22:59
In one case, a husband is Chartered Accountant cum Company Secretary, having Bungalow, car, and do not disclose his income.
Can Applicant wife apply to court to direct husband to produce his income proof, I T Return?
In case husband argue that it is the Wife who have to prove her case, and refused to give Income documents, what is the remedy to get justice to prove that husband is earning over Rs. 2L per month, and his 6 years old son is entitled to Rs. 50,000, and wife Rs, 50,000/- totaling 1L maintenance per month under sec 125 cr pc?? Wife cannot get any proof of Husband’s income, living separately for last 3 years. w/o any fault on her side.
What maximum amount passes as mtn u/s 125??
navin
14 December 2011 at 22:35
Respected all,
Thanks a lot your advise helped a lot today it was my date in Hon.Court. again threat and fear name of Distress warrant and jail words I prayed to Resp. Magistrate to undrstand falsity and submitted documents regarding income and work.
she atleast stopped submitting warrants till matter finalise in Session court.
may I know the documents submittd today in trial Court can submit in ssession court to avail falsity. of wife about work and income of husband.
I have one more query.
parents of my wife had not given any jewellery at the time of marriage, either to me or my wife anything.
she wore some jewellery at the time of marriage, borrowed from her relatives and returned there only after marriage ceremony over. but they have submitted some jewellery bills Revealling:-
1)jewellery took from shopkeeper and returned as not paid.
2) advance bills and intalment bills but not even a single fully paid bill.
3)whatever we given during marriage & after marriage she not at all mentioned in the complaint.
4) when she left herself from matrimonial home last day she stolen the entire jewellery of the mother of husband , mother was sick and paralytic and could not even scream when she did such act along with her parents and brother due to getting sudden unexpected act by her daughter in -law . she was alone when wife did such act along with her parents and brother. husband lost his mother due to heart attack within few hours.
5) jewellery of mother is still in the custody of family of wife and they are not returning. despite50000.00 they took but returned only part and the rest still with them.
6) family of wife is telling that after the expiry of mother in law the jewellery will be consideer as stridhan of their daughter.
7) whatever jewellery given by matrimonial family is in the custody of family members and not in hands of wife.
due to continue extortion , mental harrasment and blackmail , I myself called my wife & her family in Hon. Court for safety. belive or not but I got safety from court, as no phone call for money, no threat by the name of police and Dowry, no one is holding my color, I tolerated everything for 2 and 1/2 years due to my sick mother.
do you belive that husband challanged the notice with a words, " to prove your allegations come Directly to the court, let court decide everything about duties of husband and wife till then dont show your barbarian face,...
my query:
1)husband called forcibly to wife and her family in Hon.Court to get justice, can husband pray to Hon court for returning the jewellery of his mother which is still in the custody of family of wife.
2) can husband claim for returning the entire jewellery given to wife as marriage solemanises only for money and property, they are professional in their act, ( as preservation of jewellery returning bills, and submittion for claim, provided I never stayed even a single day in harmony, In my view such act cannot be done without habit and plan.)
3) can husband pray for deciding whether it was a death or planned thing, the way how husband lost his mother?
if justice present I will get it till then I will keep fighting.
thanks and hearting gratitude
Rajeev Khanna
14 December 2011 at 20:22
Can a police officer asks for information, which is available with any person or organisation but such information is not available in any form of document
sangeetha
14 December 2011 at 18:39
sir, wat r the possibilities of getting success by filing 156(3) to make fir u/s 323,506(ii)of ipc general command required.
Anonymous
14 December 2011 at 17:18
if i have a saving account and i dont use it much..i was having cheque book and one day i lost my cheque in which only the stamp of name was written,no date andamount and payee was mentioned. the peson who got the cheque tok a loan from third party and aftr and he gave security as my cheque and had written date, amount and payee nameand have done my signature..the third party did not ask me about any security given by me or not .now when third party goes into bank then the cheque got dishonour due to insuffeciency of funds.and the signature were not as same as mine but the bank accepted it..now tell me what shold i do..whether dis think comes under material alteration. and does the cheque is valid or not..
Anonymous
14 December 2011 at 17:06
Dear respected seniors..
Good afternoon..
sir i want know info about when traffic police seized a motor vehicle at same time they were seized a document with cash (around Rs 50,000/-) and mobile accessories i can release my tata sumo but they are not giving money which they are seized, when i asked them my money they are telling ur money is submitted to court like this...
so my question is what is the procedure to get my money return & what is the process to get my money please advise me..
thanks..a ton
Anonymous
14 December 2011 at 16:09
Fir on me u/s 420 471 465 468 34
case deatails
in 1981 we, my father, elder brother, myself, younger brother applied for the registeration of our trade mark on behalf of our firm.
in 1987 my elder brother left the firm with registered dessolution deed in which its clearly mentioned that he will not use and tradename and goodwill of the company.
in 1996 my father and myself also got retired from the firm and my wife, my younger brothers wife and my second younger brother became the new partners in the firm.
1n 1997 we got letter from trademark authority that our trademark is registered. we replied them that some person have got retired and some got added in the firm kindly change their names and we send the dessloution deeds along with them through the lawyer who does work of trademarks.
in 2001 my father got expired.
in 2006 our trademark lawyer send us few papers to sign. first paper was that is their any court case going my younger brother signed as no court case was going. second paper was signed by me as i was retiring and i dont have any objection. but that paper was a joint affidavit of 3 persons my father who expired in 2001 and my elder brother and myself. truthly speaking i have not read the paper the lawyer came and asked me to sign on 2 places and i did it.and he submitted that paper in trademark authority. and we got a tm-24 certificate.
in 2007 my elder brother who was retired started using the trademark.We objected and got interim stay from delhi high court. but my elder brother didnot stopped
in 2008 contempt of court was made and local commission came and raded his factory and goods were taken in the custody.
on next day he with other four industrialists came and on plane paper wrote everything that he will not use trademark and will not give any suscidal threats. all the people involved also did signature. on very next day when we asked him to write it on stamp papers he refused and said he will fight in court. we said as you wish.
in 2010 he started threatning us that i hav got one paper and now i will not leave you. soon we got a call from delhi police station that ur elder brother has done complanit against me and my two younger brothers. when we reached police station he showed us a paper which i signed in 2006 on that paper my fathers sign was forged and also my elder brother signature was forged. we were shocked to see the paper as i know that my sign were original. we understood that it was the work of our trademark lawyer, then we approched our lawyer he said sorry and said i have done this mistake you dont worry i will myself handle it.
in 2011 an fir was registered against me and all the four partners of the firm and the person who has attested it i.e the lawyer. we got the bails from the court but the IO did not involved the lawyer who did the forged signature and he submitted the chargesheet keeping mine and four partners of the firm and kept out the lawyer.
Kindly help us as we have not done anything wrong neither we are beneficiary from any side. we have given our signatures in the court and that also didnot matched with the forged signatuers. complainat is just harrasing us to get the trademark by this wrong means.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
138 ni act -urg help pls!!!!!!
Dear All,
Just need ur all quick help in the below said matter.
A. Under NI act 138, Cheq of rs.11Lakhs bounced for insufficient funds and case been filed
B. Summons and Notices were retured by the accused father as saying party not in home.
C. Magistrate issued Bailable warrent 2 times, to the area police station inspector, later we came to know that the accused influenced the police station and send back the warrant stating party not in town first warrant was returned by the accused father, and the second time by the accused mother duly giving a statement to the police officer and the same is been send to the magistrate,
D.an application is filed before the magistrate to issue non bailable warrant or and to declare as proclaim offender , but the magistrate is asking any citation or previous court orders of supreme court or high court and giving on giving dates and not taking up the matter
Dear ALL< Pls help me out what should i do the next step and if any one can send me some citation for non bailable warrant to get it so.
URGENT HELP NEEDED, MY SISTER MARRIAGE IS STUCK BECAUSE OF NO MONEY AS I BELIEVED AND GAVE THE MONEY AS PERSONAL HAND LOAN FOR WHICH THE ACCUSED GAVE ME A CHEQUE WILL BE HIGHLY RESPECTABLE FOR U ALL.....
REGARDS
psa