Anonymous
29 December 2009 at 14:54
A wife has filed FIR with following sections i.e. 498a, 406, 326, 323, 34 but in charge sheet (which has come on the 90th day) two section were removed those are 326 and 323 and added sec. 4 & 5 under DPA. Can a person file case with section 211 of CRPC for giving false charges? And on that basis can he quash 498a and other cases.
Victimof498aa
29 December 2009 at 09:31
Hi! I am an Indian student from Brisbane, Australia. I was married to a completely unknown girl from my community in December 2006, which was our 4th meeting in the life. We stayed together for 8 days. I came back to Australia for my studies. My wife refused to come along with me to Australia and started living with her parents. For more than a year I tried to contact her but no luck! Finally, I sent her divorce notice in April 2008. She filed 498A with false complaints in June 2008. Now in December 2009 they want settlement. Their lawyer has sent Memorandum of Understanding (MoU) with a demand of Rs. 4 lacs. We are willing to pay and get rid off them. What should be terms of our settlement?
Advocate.S.A.Siddiq
29 December 2009 at 09:07
What is meant by transmitting order or degree ?, how can execute the order ?, who has to power to execute ?
mukesh
29 December 2009 at 07:43
I would like to know wheather a prisoner can attend marrige cerimoney of his grand daughter? A has been senctioned 2 years jail from district court. During case period he was in jail for 13 months. After he made appeal in high court and got bail in 1994. After 15 years the high court rejected his appeal in nov 2009. Now once again he is in jail at the age of arround 68 years. He is suffering from more than two or three dieases. Now in 2010 feb there will be a marrige ceremoney for his granddaughter. Can he get ten or fifteen days bail to attend the ceremoney? where to apply for this? what is the prosidure? Please guide me.
mohammed sulaiman
28 December 2009 at 16:12
dear sir,
facts of the case:
my client by profession is a lecturer in one of college in hyderabad,prior to working in hyderabad he used to work in vijaywada dist of a.p.,the student of my client came to my client's residence in hyderabad and ask him for his bike,my client believing that he is his ex student he gave his bike to the student, at the time of taking bike from my client he promises that he would return the bike in few hours, whereas the student failed to return the bike to my client,when my client enquired about his student in vijaywada as the student is from vijaywada it is found that now he is chating many people like this.
as my client came to know that he has been cheated by his student he went to the police station to complain about the incident whereas the polce have refused my clients complaint to register.
in this situation what i and my client can do and please also tell under what section of i.p.c. and cr.p.c. cases can be registered. and what are my client's rights in this case.
OneHelpLessHusband
28 December 2009 at 14:49
Experts,
My wife under PWDVA 2005 has filed a case against me in May 2009 demanding compensation and maintenance which is currently sub-judice.
2 weeks back, she has submitted an additional affidavit to court that she has started working in Trident Hyundai, Sankey Road branch, Bangalore since December 1st 2009 with a copy of the offer letter also attached with a take home salary of INR 10,000, stating that this is very income and hence she needs additional amount from me as maintenance.
Additionally i found out that my wife is employed in Trident Hyundai, Bangalore as a Senior Sales Consultant from 1st June 2009 and NOT as December 2009 as submitted in the affidavit and i believe that the offer letter submitted is fake.
Please advice how can i force the organization - Trident Hyundai to provide her employement details including Employment Date, Salary Details etc to substantiate that my wife is earning enough to sustain herself and DOES Not require maintenance as requested under the case.
Regards,
Her Husband
PS - We are living separately since the last 8 months since she filed a false 498A against me and have me arrested.
Anonymous
28 December 2009 at 13:47
My sister in-law by cast Muslim (Dawoodi Vohra), got married on 29th October 2006. Her husband is working in UAE on work permit. After marriage she stayed with him in UAE for 5 months and returned to India on 12th March 2008 on his husband's wish. During the period he has not paid any maintenance expense. Now, he wants a divorce for which he has come to India. Please suggest as to whether she can claim for any lump sum or monthly maintenance expense and in what way it should be proceeded.
Anonymous
27 December 2009 at 18:39
Respected sir,
Once the FIR order isued u/s 388/506/120B in DP 3.what will be the next course of action, I have to follow please,as they have harass me lot in false 498A. Req advice follow up action.
Thanks
Anonymous
27 December 2009 at 14:01
I have filed Charges u/s211 after about 1.5yr of getting acquittal in 498a false case files by my ex-wife, in the same MM. I have completed Verification process by Judge last month. Next month there is argument process with my lawyer by judge to admit and give CC no. to this case. Please tell me, are there any case history of similar 211 filed by husband after getting acquittal in 498a cases. If yes, please guide me to search the same.. and what are chances of my ex- getting jail for 2 years as per section 211 with fine. I was coming all the way from dubai for 3 years to fight 498a while looking after 2 minor children, and my ex- had demnaded 2CRORE in the court for withdrawing 498a during trial session, and I opted to fight instead as I knew that I will win. Now she is demanding 25L in family court as law favor for her maintenance even though she is adultrous, and she filed for custody of children but only for name sake, bu not interested in children.
Your expert opinion will give me morale boost to figt these prevailing social menance that are spoiling lives of innocent men. Please Guide to put her behind bar, and set example to other suffering brother to rise and fight...these modern day Surpankhas! SIFF member!
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Dying declaration
I would like to ask that when and how can a dying declaration not be relevant as a basis for conviction. With relevant citation please.