Anonymous
24 May 2011 at 16:54
We have lost our cases 498a due to weak lawyer in district court . If we go to session court for appeal then would the judgment/statements given earlier will be considered. Or statement of witnesses will be called freshly i.e will the case be opened freshly or not. Please advise me.
Anonymous
24 May 2011 at 16:48
We have appointed a lawyer in a case of IPC 498a, 34, 406,HMA-24. Again one more lawyer was appointed by us into same case by giving each of them 2-2 cases in the same court. But one lawyer is saying that he would not discuss his 2 cases with second lawyer.If there is contradiction into case history of these lawyer what would be the impact on another cases or we have to give all the cases to one lawyer only. please advise me.
Anonymous
24 May 2011 at 15:26
hello sir! if i have some cofession so how can i register it. I am a girl and my parents are forceing me for marraige. I am not ready for the same. I am 23years old and I have decided to leave the home as per the requirement. I dont want to let my parents lodge an FIR of missing or kidnapping! please tell me what should I do? can i make a confession note on a judicial forum as i am leaving the home and no one is responsible for my decision??? please provide me a legal way so as no one get punished due to me
Anonymous
24 May 2011 at 12:00
In 2005, my wife was awarded 10000 as alimony pendente lite and my salary was around 45000 at that time. Wife has now submitted petition for enhancement in alimony pendente lite as per latest salary. Now over the years my salary has doubled. Will her alimony also be doubled? As far as I know, it is said that alimony should be awarded as per the standard wife was used to during her stay in the matrimonial house. Going by this logic, my wife was used to a standard of life where I was earning 45000 and hence awarded 10000. Now if my standard in life has increased (which she is neither used to nor has she contributed to) why should her alimony be increased? Will this not amount to unjust enrichment of one spouse at the cost of the other? In spite of being well educated and having 4 years job experience prior to and after marriage, she purposefully remains unemployed to extract more alimony for self and family. How should I contest this? Seek the views of learned members.
Anonymous
24 May 2011 at 11:34
Hi,
In my case I got a divorce order from singapore court of law and also order stating that one flat at Mumbai which is in my and my spouse joint name can be transfer to my name only.
My question : As this order is from singapore court of law whether I can act upon the order of singapore court in mumbai or I have to get the order from Mumbai Court. If so what I have to do, please let me know.
Thanks,
ajay
24 May 2011 at 06:48
I have been granted divorce on 18-07-2009 and mainteainance case was also dismissed by the family court.The girl already married to another man and has a child from that man..i dont have any child from her..Now she has filed a case for streedhan under 406 ..i want to ask whetherthe case can be done for stredhan when divorce has already been done and she got married ..wht steps we should taken for this case as a defendent..kindly give me reply
SSSSSSSSSS
24 May 2011 at 02:25
Sir,
I have certain query regading DV case. In my case M.M asked petitioner to submit EVIDENCE BY WAY OF AFFIDAVIT, which she submited. Sir the affidavit is full of false statement and itself contradictory statements, i have all evidence.
My question is, If there is any section in ipc to registered a case against her or it is possible to ask M.M to frame charges under any section of ipc on her.
What i can do in this situation. Kindly show the path.
Anonymous
24 May 2011 at 00:38
my query of 19/5/11.
sir! thank you!
i get frequently posted from one place to other after 4 years
1. I have found out ,the case can be transferred from one place to other ,but not so frequently.
and in my case the application has to be sent to supreme court.because i being an defence office get posted from one state to other. and transferring of case from one state to other is within the jurisdiction of SUPREME COURT.
2.IN MY CASE we are only fighting against him proving that he has hidden our first marriage of 1999 in gurudwara and has wrongly filed for divorce under special marriage act based on marriage of 2001. in between we have filed c22 and c24 , asking for interim maintenance of my daughter and my expenxes of travel ,and expenses of case.
3. suddenly they filed to withdraw their petition and got orders passed without lettting us know .any way we fought against that and on 06 may ,the judge has recalled his order realising and stating that he has hidden many facts from the court. we have now filed objection against their petion .
4. our stand is : first the interim and C24 should be decided ,then the original can be contessted whether his divorce under special marriage act is right or wrong.
my query :
1. at this stage ,what is the future of my case .?
2.will i get divorce while fighting this case ?
3. i want to break my ties with him ,is there any other way ?
Anonymous
24 May 2011 at 00:35
i am reposting my query for help.
query posted on 15/5/11
am a govt officer married to an enterprenour in 1999.in gurudwara. some problems arose and we could not declare our marriaage. after resolving we again got remarried through court and hindu vidhi in 2001.the problems again aroused but i kept comprising and also produced a child (girl)
in 2003. sooner the problems aggravated .i took my posting to stay with my husband but to my surprise . as soon as i landed in the city ,i was handed over asummon for divorce
. it was shock for me. i never got a hint of his motive. i was not talked or discussed about this.
i found out that he has filed for divorce hiding my first marriage of 1999. since the i have been fighting against his petition trying to prove that he has filed a wrong case and misled the court.in 2009, i got posted out. so i filed another petition asking for expenses for travel and self maintenace as i am earning less than him.(this we have presented by presenting his IT RETURN which show his annual turnover of 1 crore. )
in 2010. he suddenly applied for withdrawl of his petition and also got the orders passed onesided just one day prior to our hearing .
we applied against judge's onesided decision and after one year in may 2011 the judge has recalled his decision and found that he has hidden several facts fron court and the other party has the right to be informed and has reopened the case for discussion.
.now they are threatening to go to high court against this decision.
in my last hearing in last week. judje has told both parties to try and resolve the isuue. we have talked once.
my query :
1. they want to do one time settlement by paying cash of 1 lakh. what should be my condition . i do not know anything about divorce by mutual consent .is there any paper work required .
2.he says either take this amount or give me the daughter.or linger on.like this.
3. sir ,i want to protect my daughter's financial rights.
4.please guide me ,how much i should ask him to pay?and what conditions i shuld put so in future me and my daughter shuld not be in trouble.
5. my lawyer says ig this case goes on a,then we will win self maimtenace of at least i lakh.. what if i fight this case like this ?
6. i have not applied a seperate case for divorce yet neither i have filed any case for maintenance of child, : shuld i do that.
7. sir i am a government officer and unable to cum everytime to fight the ,right now my father is looking after . but i sincerely do not want to start another case and linger on .who will fight the case after my father.as i am bound by my duties and unable to come everytime to follow my case.
8. i feel as if he is taking benefit of my this government job. .
i want to get out of this relation ship .he has not even once looked after me since marriage(neither financially nor emotionally ) and never even bore the responsibility of father (neither financially nor physically.)
i feel used physically and emotionally blackmailed.
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HOW TO GET THE DIVORCE OR UNDERTAKING?
Respected Sir
My Cousin (Aged:38 Years) married to his maternal uncle’s daughter – Divorcee (Aged: 35 years) without both the parents permission at hindu temple in the year 20.01.2010. He did not register the marriage only the marriage photo in the temple is with her. She is not giving it. How to claim it?
She is basically a divorcee and after that she had a illegal affair with his boss (an elderly man aged 45 years) and lived with him for about 10 years. Knowing her bad past life, my cousin married her and gave life to her. But still she did not value him and started harassing him mentally and physically. So, he separated himself from her for the past 6 months.
In the meanwhile, he found his better off for the betterment of his future life by his parents. He told her about his opinion and also about his future partner. She is forcing him to live with him. She is black mailing him that if he doesn’t live with her, she will commit suicide by writing a letter stating that he is responsible for his death. She is calling him in the phone and threatening him everyday.
Now he is panicked and having nightmare everyday. Please help him. Is he have to take divorce or undertaking from her.