Ram
17 August 2018 at 08:01
Dear Experts,
wife filed maintenance case u/s 125 CRPC and chief Judicial majistrate court ordered rs.4000 per month as maintenance.
during the first maintenance case is pending wife filed CIVIL SUIT for maintenance and property attachment. Court ordered rs.10,000 [er month and 3 properties attached.
My question is:
1) Can I file a petition at HIGH COURT, saying that I am ready to pay the order for rs.4000 per month with arrears. and pray high court to CANCEL 2nd maintenance case order which is rs.10000 per month and attachment of properties?
Thanks in Advance experts
RAM, chennai
Ghanshyam
16 August 2018 at 22:36
Hi this is regarding 498a FIR. In this case husband is leaving and having job in state other than where marriage was taken place, even before the marriage. Parents are leaving where the marriage was taken place and other 2 person are leaving in another city. Now the name of all persons are there in 498a. Can this false FIR be applied and tried in high court for Quashing under Crpc 482.
VIJAY
16 August 2018 at 22:20
Hello Experts.
I'm going for a divorce at the Wife's place for a one time settlement but she has filed 498a case at our place (Interstate). She has refused to come to our home city for reasons best known to her.
Once I have the divorce decree in another state. Can I use that to get the 498a at my place removed since she'll not be my wife anymore.
The 498a is stuck in HC as one of our relative has prayed for quashing. If the HC summons her to come and give her statement and if she doesn't come then what happens. How should we get ourselves freed. If the HC refuses to quash the 498a, should I approach the Hon'ble SC.
Amit Joshi
15 August 2018 at 21:37
1) I had filled criminal property complaint under section 156(3) after police said that your case is civil case, is that case can be accepted under section 190(1)(a) ?
2) If complaint is accepted under section 190(1)(a) then will I (complainant) need to appear on every date ?
vallabh_raut
15 August 2018 at 16:47
Hello Experts,
We are fighting DV case filed by my brother's wife( in-person). She has also filed application under section 125 of CrPC. Both cases are in the evidence phase(applicant's). My brother is a patient of depression and our lawyer is not attending court dates regularly and seriously. In the 125 case, can I represent my brother as far as cross examination of applicant's witnesses and argument is considered?
I have read about power of attorney. Is it applicable in this case?
Vinesh K Chhaya
14 August 2018 at 16:25
a typist forgot to enter details of in laws in complaint
so it can be adduce by way of amendment of complaint ?
if yes then under which provision ?
Anonymous
13 August 2018 at 18:37
Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case-
(1) most of the 161statments are hearsay
(2) Even witnesses condemned that we made attempt to murder(s307)
(3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police
So please guide me to argue to get quash in High court
Anonymous
13 August 2018 at 13:08
Dear Experts,
I am a student of LLB ( Sem-1 ) and college announced Moot Court Competition then please help me in make arguments on behalf of Applicants ( Doctors ) facts case which is as under...
Moot Problem:
IN THE HIGH COURT OF XXXXXX AT XXXXXXX
DISTRICT: XXXXXXX
CRIMINAL APPEAL NO. XYZ OF 2013
1. Dr. Vyomesh Mishra
2. Dr. Kuldeep Singh Appellants
(On. Accused Nos. I & 2)
Vs.
1. Mahesh Pate!
2. State of Gujarat Respondents.
(Resp. No.1 Original Complainant)
Appeal u/s. 374 of the Code of Criminal Procedure against the judgment and order of the Sessions Court passed in Criminal Case No. ABC of 2009 passed on November 10, 2013.
Facts of the Case:
Mr. Mahesh Pate!, original complainant is a government servant having upper middle class background. He was having wife Madhvi, the only son Keval in his small family. His son was studying in the standard-7-at a reputed English Medium School of xxxxx: Keval was considered to be one of the brilliant students of the class and was also a captain at the school football team.
In May 2009, after having returned from the practice of football from the school in vacation Keval began throwing fits and losing consciousness at sudden intervals. Mahesh Patel, immediately consulted Dr. Kuldeep Singh, a reputed neuro-physician at the Longlife Charitable Trust Hospital. The aforesaid hospital is started by xxxxxx Doctors' Welfare Association having sole motto to provide the best treatment to the patients at the reasonable charges. It has its reputation in the entire city for providing the best treatment.
During examination, Dr. Kupdeep Singh diagnosed that Kevel was suffering from epilepsy. Dr. Kuldeep Singh prescribed treatment involving the administration of two wel-known drugs for epilepsy - Zentor and Gardiol - over a course of 8 months. Keval was also advised to discontinue school for a period of 2-3 months during his treatment. But he was keen to attend the classes at his school. Due to continuous insistence of his son, Mr. Mahesh Patel allowed him to go to the school for attending classes. The medicine prescribed to Keval did not serve its object and hence Dr. Kuldeep Singh increased the dosage and frequency of his prescribed drugs. However, the condition if Keval worsened and the frequency of convulsions grew rapid. As a resultant effect, Keval was constrained to proceed on leave from the school from 16th August 2009.
On August 19, 2009, at about 10.30 pm when Keval had his evening dosage of prescribed drug Gardiol, he developed severe convulsions. He lost his consciousness and collapsed on the bed. Mahesh Patel called Dr. Kuldeep Singh at his residence. Dr. Singh expressed his inability to come, but advised to admit Keval to the Longlife Charitable Hospital. By Thllowing the advise of Dr. Singh, Keval was immediately admitted at the Longlife Charitable Hospital by his parents.
At the night of 19th August 2009, Dr. Vyornesh Mishra, a young doctor pursuing his internship at the hospital was on duty. He examined the patient Keval and directed him to be taken to the ICU. Looking to the critical conditions of the patient, the hospital authorities agreed to provide treatment upon signing a consent form stating that the Hospital shall not be responsible in whole or part for any further future consequences if at all developed to the patient Keval during his treatment at the hospital. Desperate to save his son Keval, Mr. Mahesh Patel was constrained to sign the aforesaid consent form of the Hospital.
Before the complainant Mahesh Patel could appraise Dr. Vyomesh Mishra about the previous case history of Keval and the treatment provided to him, Dr. Vyomesh Mishra administered a sedative called Epitaphenol, a sedative given in case of severe epileptic attack After the application of aforesaid medicine, Mahesh Patel saw his son finding difficult to breath and was gasping for breath. Soon he lost his consciousness. Mahesh Patel desperately called Dr. Mishra to examine his son. Dr. Mishra explained him that it was not unconsciousness, but sleep due to sedative medicine. Being dissatisfied with the explanation Mahesh Patel called Dr. Kuldeep Singh at his residence again at 3.30 am on 20th August 2009 and requested him to come to the hospital to examine his son. But Dr. Kuldeep Singh refused and showed his inability.
At 6.00 am on 20th August 2009, Keval expired in the Hospital. The autopsy revealed myocardial infarction as the cause of death. This was a resultant effect of adverse reaction of Epitaphenol drug w4th Gardial, which was prescribed by Dr. Kuldeep Singh.
On 23" August 2009, Mr. Mahesh Patel lodged an FIR in Crime Register No.IIIXXX/2009 at xxxxxxxx againstboth the peseni appellants 'to having: committed offences punishable under Sections 302, 304 and 304-A of the Indian Penal Code. The charge-sheet was filed after investigation by the Officer in charge at xxxxxx Police Station and the magistrate committed the case to the Sessions Court for trial after framing the charges u/s. 302, 304 and 304-A of the Indian Penal Code.
The learned Sessions Judge by his judgment and order found both the accused persons guilty for having committed offences punishable under section 304 part II of the Indian Penal Code and punished them with rigorous imprisonment for 10 years and fine of Rs. 2 lacs each. Being aggrieved by the judgment and order, the accused persons have preferred appeal under section 374 of the Code of Criminal Procedure before the High Court of Gujarat The appeal is admitted.
Simultaneously, Mr. Mahesh Patel, being father of deceased preferred appeal u/s. 372 of.the Code of Criminal Procedure bearing Criminal Appeal No. PQR/ 2007 before the High Court of Gujarat seeking compensation from the above accused persons who are responsible for the unnatural death of his son. The above appeal is also admitted and Hon'ble High Court passed an order to hear both the above appeals together at the final hearing.
Now-both the appeals have come up for the final hearing.
Anonymous
13 August 2018 at 10:44
I was marrid in 2014 in inter caste inter religion arrange mriage love marriage. With no prominent dowry ( just religious ornamnts by both sides) . Wife loved with me for 3 months aftr marriage. And one month next year. During living she spent some money one me ( such as home furniture, electronics pruchase.( no proof) after three month we got seprated as she demanded to live seprate from famliy, aftr two years of sepration we both agreed to build on second floor. For that she trnsfrd some money to my account. Now again things gone wrong. Now she allegedly filed 498a . Does the amount transferd come under dowry. The case is with district committee for review. No FIR filed
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125 crpc maintenance-double order
Dear Experts,
wife filed maintenance case u/s 125 CRPC and chief Judicial majistrate court ordered rs.4000 per month as maintenance.
during the first maintenance case is pending wife filed CIVIL SUIT for maintenance and property attachment. Court ordered rs.10,000 per month and 3 properties attached.
My question is:
1) Can I file a petition at HIGH COURT, saying that I am ready to pay the order for rs.4000 per month with arrears. and pray high court to CANCEL 2nd maintenance case order which is rs.10000 per month and attachment of properties?
Thanks in Advance experts
RAM, chennai