Vishal jain
27 October 2009 at 08:49
Hello..
This is vijay again. As you all know that I am having a matrimonial dispute with my wife.
After FIR, I go for Anticipatory bail at DELHI HIGH COURT (bcoz bail rejected at lower court). I was on Interim bail for the past 10 months.
My wife claim to spend 20+ lakhs on marriage, for which the Hon’ble court told the IO and gave the written order to check the financial status of the girl, for which she was asked to produce the copy of ITRs of her and her family. But they did not submit the ITRs. We were also forced to pay 2 lakhs in form of FD + stridhan to girl. We did that. But in the written order the court mentioned that the petitioner is ready to give 2 lakhs, which was not true. The truth was that we were forced to pay.
Then new ROSTER came, and new judges came/appointed……
The new judge did not hear anything and ask us to pay 10 lakhs to girl + 10,000 pm as maintenance. We were surprised to hear this. Our counsel opposes. Our counsel tell the court that already Rs. 2 lakhs been paid to the girl in the form of FD as per the order of the previous judge. Then the court ask us to give Rs 1 lakh MORE to girl in form of FD and give us the anticipatory bail.
My question arises from the written order of the new judge is:-
1.) In bail proceeding as far as I know there should be no monetary proceedings as per the order of Hon’ble Supreme Court then why we were forced to pay some money to girl. Can we appeal for that in Double Bench at High court.
2.) In bail proceeding why we are forced to pay the maintenance, as maintenance is not the part of bail matters. Why/who are these judges to fix the maintenance. Can we appeal for that at Double Bench at High court.
3.) Now we don’t have 1 lakh to pay, what should we do.
Should I go for Writ Petition in High court or at Supreme court. I am very confused.
madhukar
26 October 2009 at 23:46
I had married in 2006. Wife has stayed with me for one month &went back to her maternal house by her own & in 2007 complained vs. us.(me & my Mother)
My wife has put up case vs. me & my mother in 2007 under 498 &420 of IPC. We have arrested &released on bail.
Now she has filed case under Domestic violence application u/s 12 for relief’s u/s 20&22 asking compensation Rs.20 lac towards mental agony, torture, emotional distress hardship, harassment etc. & monthly Rs.10000/- per month as maintenance for our daughter.
Requested court to direct order pay of interim order monthly maintenance @ Rs. 5000/- pm for daughter.
She earns 22000/- Govt school teacher & having her own flat in Mumbai. Flat is locked &she stays with her mother (mother is retired school principal get monthly pension). She says her expenses, are paying E.M.I payment towards flat & car purchase comes around 12500/- & maintenance charge of her flat is 2000/- per month.
Our baby is with her. Baby is 2& ½ year old.
I had earlier working with PSU my salary was Rs.28000 /-pm. Now I am working for pvt. chemical company & my Gross salary is 21000/-. My parents are old (74 & 69 years) & are under medication. My monthly expenses are more than 14000/-. Recently I had lost my money in stock market.
It’s not possible for me to pay as per her demand.
I request you to suggest me best possible action to safeguard me &may parents from cruelty of my wife.
What will court decide as per present law on her demand?
I would like to mention one thing, when she complains to police in 2007. Police asked her to make compromise. Upon which she has given in writing some conditions & asked me to accept those condition. Through RTI I have collected that paper from police.
Those conditions were. 1. I should hand over my entire salary to her 2. I should buy house for her 3. I should not stay with my parents. Etc. paper is signed by her
After marriage I had given her Rs 150000/- By cheque for buying furniture for her house. She took all gold ornaments purchase by me.
i would like to know following information in regard to DV case vs me by my wife.
1. My wife is working in Goverment aided junior college in mumbai. How to get her salary slip. thorugh RTI, is it possible if yes then whom to write &what to write.
2. My wife has mentioned that she is paying EMI for paying back the loan on car & house she bought.how to get the EMI details she is paying to bank from which she is taken the loan. Limited or co-op banks ar coverd under RTI?
Pl suggest.
SIDHES JENA
26 October 2009 at 21:59
Hi Dear, i am a professional Lawyer, i would like to study for Cyber Crime Law and the thing is i would like to work with Indian Police Investigation Department.
i am very confuse to chose chose the course , please look in to the below course detail and suggest me which will be better for me,
Diploma in Cyber Law course
Cyber Crime Analyst or PG Program in Cyber Law course
Diploma in Cyber Crime Prosecution & Defence course
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Ajay Kochar
26 October 2009 at 16:30
In house breaking case whose signatures requiered on " panchnama"?
Signature of the owner of the house in which the House breaking is happened is requiered on "panchnama"?
Pls. Advice
CHAUHANMA
25 October 2009 at 22:09
What are the main and necessary ingredients of perjury for getting a favorable order from a court of law.
vinod bansal
25 October 2009 at 20:24
R/Members
Murder case based only on circumstantial evidence i.e. conversation in between co-accused on mobile phones with mobile phone of deceased is posted for tomorrow,kindly provide me citation in favour of prosecution bcoz i m counsel for the complainant.Thanx
Anonymous
25 October 2009 at 17:12
Sir,
I am a law gradute. I have recently passed out of LL.B.
I have two queries:
My first query is with respect to the definition of Public Servant provided under Sec. 21 of I.P.C. Sec. 21 does not mention that a Public servant must be appointed by the Government. However, under Ramesh Balakrishna Kulakarni Vs State of Maharashtra a comment had been made that a pulic servant must be appointed by the Government (Ref: Tandon's Indian Penal Code. 23rd Edition 2005). But, Explantion 1 to the Section clearly mentions that persons falling under any of the desriptions mentioned under that section are public servants whether or not appointed by the Government. Please explain the inconsistency.
My 2nd query is with respect to the scope of the word Government used in Sec. 21. Does the word 'Government' mean the Central Government or the Government of a state as defined under Sec. 17 of the Code or not?
Also, please clarify if an M.L.A and a minister are Public Servants within the meaning of Sec. 21.
Regards,
Theja G
vinod bansal
25 October 2009 at 16:29
Respected members
My application/Case under DV Act is pending in court since one year back and presently fixed for 20-02-2010 for reply of the respondents .My client was got married only one and half year back and her only daughter is also in the custody of respondents i.e. her husband and in laws,my client was kicked out from her matrimonial house in connection of demand of more dowry,I filed applicant/complaint underprotection of women from domestic violense act in which i have claimed custody of daughter and interim maintanence including other reliefs but unfortunately case is at initial stage and now fixed for 20 feb 2010,my client is hand to mouth,she is also worried and in tension of her only breast feeding daughter,i cannot move any application for early hearing bcoz magistrate view is against such type of application.What i can do for my client in such situation,further can i move a separate application under section 125 crpc.How i can speed up the proceedings bcoz court is giving on every hearing next date,rather doing some fruitful exercise/proceedings. .Kindly advice me.Thanx n Regards
Arvind Singh Chauhan
25 October 2009 at 15:13
Sir,
Whether magiatrate can refuse to accept an application under newly added chapter plea of bargaining under the disguise that court have no such notification. Whether it's application requires specific notification by concerned High court or state govt, despite being a central amendment act. Is there any such clause in this chapter.
The matter is from Uttaranchal. Please tell me,What way I should adopt.
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quashing a fake care of 363 and 376
a bramhin caste woman in my neighboured has lodged a fake case of abduction and raepe, the realty as the major girl eloped with a harjan guy, since we had enimity, the woman influenced the girl who was recoveded from the harijans home to tell the judge under 164 CRPC to say that me and my uncle abdused and raped. we got bail from lower court.
In the meantime when the eloped girl lived with the harjan man for two days , they made phycical contacts.
The medical tests show no in jury on body and habitual of sex.
My worry is that for sure we are innocent and if pathological tests are brought takes from her vagina, it wil be the harjans semen will be found.But according to 375/376 only penetration is required to make you guilty and not the semen
The chargesheet has been filed since it is more than 90 days.
The trail are yet to begin. The harijan guy is also afraid with tis women and canot dare to marry here although both are of major age and the SC ruling is there that they can live toghther without marriage.
But he is also afraid of the women and the girl is kept as a house prisoner so that she cannot meet the harjan guy again.
will we be punished for the offence which we did not do just because of the bare act langyage that might penettration is enogh.What to do please guide..