R.SHAH
11 October 2011 at 11:35
Dear Experts,
My ex-wife file maintenace case in year 2008 for her and child, i contested the appln. on stand that she was divorce as per muslim law in year 2005 hence not entiled to any maintenance u/s 125crpc is got remedy under muslim women act-1986. But she denied of valid Talak and not accepted by her. the lower court declared my Talak as invalid and allowed her appln. and granted maintenance to both.
I went to revision in session court during pendency of revision appeal she got remmarried to another man and suppress this facts, during final argument she file SC judgment maintenace to divorce muslim wife till she remarry. Session court taking this judgement as landmark decision and session court dismissed my revision appeal as she has not yet remarried etc...
thereafter she recover maintenance amount which was stayed during revision appeal by session court more than 50% amount was paid to her in installment and for child it was totall paid and month wise paying in Family Court under Execution petition of her, same session court and lower court judgement was produce in execution proceeding for recovery of arrears, in which distress warrant was also issued upon me for not paying at one time all arrears.
thereafter i learn that she was already remmarried in year 2010 but suppress before court, and i file cancellation of maint. amount petition before same family court where execution proceeding of her is pending and appln. for cancellation of warrant too on stand that she was remarried / adultry and played fraud before court and snacted my father name from child school and second husband name was given there whereas she was taking maintenance from me. However, she accepted my Talak pronounced in year 2005 to her and on that basis she got remarried. Now Family court stopped maintenane till further order on my application of cancellation of warrant in execution proceeding etc..
kindly advise,
1. I want to file recover of maint. amount she take from me after divorce u/s125crpc, whereas at that time no remedy to divorce muslim wife to file maint. appln. u/s125crpc. she got maint. award in year July 2009 since from April 2008 date of appln. Supreme court landmark decision comes in year Dec.2009 publishd in Febrauray 2010 in shabana bano vs. Imran khan earlier to this all divorce muslim women maint. appln. are under muslim women act-1986.
can i file for recovery of amount as she was played fraud and obtain maint. after divorce in year 2005.
2. daughter maintenance as well as she snatched my name as father name from daughter in schooling and corrupted her mind. on this ground to i can recover maint. paid in respect to daughter. (if it's so then let me know from begining or when she was admitted in school with her second husband name).
kindly advised is it possible under law to recover those maint. amount from ex-wife with respect to her and daughter on above ground. How do court react and proceeds as per law. in cancellation of maint. petition file by me is prayed to cancelled the main order of lower court and in execution prayed to cancelled the warrant and dismissed the proceeding. so my separate appln. of recovery is possible in eyes of law or should i wait for cancellation petition decide / final judgment comes.
pls. reply me soon.
regards & Thanks
Mr. Hitendra Shah
11 October 2011 at 08:43
I am a Complainant in fraud, forgery and cheating case.
in the last date when I informed Honorable Magistrate Saheb that accused are not coming the Honorable Magistrate Saheb told me that I do not require to come to the Court. I will be sent Summons and then I am required to appear before the Hon Court.
I would like to know from the Experts that Can I attend the Court on the next dates without summons from the Court?
Jayesh Kumar
10 October 2011 at 22:50
Hi Experts,
In a case of 494 bigamy, can we slap in 406 also for criminal breach of trust by the husband? My seniors advice that for ipc 406, the trust of family marital cordialship does not fall under the ambit of property as defined in ipc for property? Some said it is applicable. There is some Supreme Court judgement clarification regarding this.
Can the experts give me the correct guidance.
Thanks and Regards,
Anonymous
10 October 2011 at 21:47
whether an advocate in practice can do other business apart from his practice when he registered himself with Bar Council.
If he is doing so, whether he is liable for any punishment.
Anonymous
10 October 2011 at 21:24
Dear experts
if counsel of complainant does not provide any reply to any of the submitted application by the respondents.
there are in all four applications are submitted by the respondents till date. but opposite party counsel has not given any reply of the given applications.
does it stands aggrement/consent of the said mentioned points in the applications by the respondent.
neither reply nor any statement regarding the submitted application.
behaviour of opposite party may be considered ok or respondent can pray for the act?
--- more question
2)value of Affidavit and Declaration in the Hon. Court, if both are having false statements then what to Do?
3) if respondent( husband) filled Divorce case in desertion and cruelty
a) desertion of one year before filling the matter and 1 1/2 year after the matter filled in court. total 2 1/2 year. does it counted.
b) wife is responsible for spoilage of professional career, one death in matrimonial home, false charges in DV case, etc.
in DV case if wife says that husband has refused to stay with her, how court will take such statements of wife?
I am asking this question as in some citation of High court it was mentioned refusal to stay with wife is also a domestic violence, hence all claims were granted to wife?
Anonymous
10 October 2011 at 20:45
R/experts,
Which complaint can be filed if a deponent filed affidavit on oath in a civil suit and the contents of that affidavit are false?
Is this an offence? If yes which section will apply for this offence?
Can police machinery take cognizance of this offence?
What should be done if police machinery did not take cognizance?
May complaint U/s 156(3) of Cr.P.C. be filed against deponent?
Anonymous
10 October 2011 at 18:15
A man assuming the age of girl 19 (as per her false pretext) marry with her and consumes marriage.
Afterwards she for the reason of being tutored by her siblings denies for valid consent of marriage due to her actual age under 16 as per records and alleges rape against such person, what is the remedy to him?
Can he invoke as she was consenting party to the intercourse and as he is married with such girl have right to make intercourse?
Anonymous
10 October 2011 at 15:46
Dear Ld. Friends,
The Cr. P. C. does not define what is taking
"Cognizance of offence" but lays down procedure. Many times the private complaints
are dismissed, sometimes with a speaking order or without. I go in for the Revision and the Bench insists upon issuing a Notice to the Accused although the Private Complaint is dismissed in limine after verification & nominal enquiry but without
1.examining witness;
2.Calling the accused;
3.an order to the Police to investigate.
SO IT IS A BALD DISMISSAL IN LIMINE as 200 and 203 has also not been complied with yet stating that NO INGREDIENT OF OFFENCE HAS BEEN MADE OUT IN THE COMPLAINT.
Now when 397cr.p.c.is for calling of records, 398 is power to order inquiry after calling of records and an opportunity to the Discharged person for hearing, CAN SESSIONS INSIST UPON THE notice to the accused in such a baldly dismissed complaint revision application ?
Anonymous
10 October 2011 at 09:32
I am facing 498a from last 3 months. Police did its investigation and did not find any chagres against me.
No they are sendinf a "final report" to court saying that chages are false.
Please help me to understant what will be the procedure now. Can judge still can reject the final report or he is bound to accept it.
Also precautions or steps shall i take so that this case is closed. what my opposite party can do to stop it now
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Please advise...
We two couples went for picnic towards Kullu-Manali from Jammu, in our car which was driven by my friend. I alongwith my wife were sitting behind (back seat). Unfortunately we met with an accident near Mandi (Himachal Pradesh), the guy (my friend) control over vehicle and our car rolled into deep gorge. His wife got multiple head injuries and expired in the hospital. We had a narrow escape, since we were on the back seat.
Now the case is registered with the Mandi court and the court is regularly sending Summons to my wife for her witness.
The problem is that after the accident, my wife got phobia towards traveling hilly areas. She is not mentally fit to travel a 8-10 hrs distance to attend the hearing. Kindly suggest the way out. Can we skip the hearing as we have already missed 4-5 times. What would be legal binding on us if we don't go.
Kindly give your expert legal advise asap.
thanks.