Anonymous
22 March 2011 at 15:55
Dear Lawyers,
My marriage was 3 yers ago under christian marriage act,It was a love marriage,later on I went abroad for job.Few months later her family came to know about the marriage and they agreed with me to send her to abroad,For some medical isues she couldnt go abroad,and i was trying to bring her here by resloving all medical problems.Whenever i visit India,She uses to come with me.
But later on her parents statred abusing me and forced her to get divorce from me as am not sending money to parents as they have askd me sum,
Now her fater is thretening me if you dont gve her divorce we will make case on you and i will be in trouble for going abroad as he is supported by high ranked police officers,and they disconnected all mobile numbers as i couldnt contact with her.In our last talk about 5 monts before she told me ,she dosent want to keep relation with me and she is willing to get divorce from me,Her father is serching for a boy,I tried to convince her but it was vain.
Now Am in a delima and I have no Idea what will I do as i am not willing to leave her.
Anupama
22 March 2011 at 12:46
The hurdle is I don't understand what stand I have to take.My advocate submitted statement and deny the allegations he has leveled against me.
Now the problem is he is not coming for case & not filling affidavit to court for cross. his lawyer says ya we will file it but from last 4 dates he didn't filled it.And now the judge says that if he not came this time i will dismiss the case.
Now my question is what will I do? If it happen so.. where should I go for Justice what will be my future?Let the court dismiss it? After that what will I do? how can I get justice?where should I go?
I want guideline from you. Shall i give in writing to court that Court Please Seized his passport when he will present in the court? shall I file 498a case against him but my case is in court from last 2 years is it possible to do so? is it has that much wet-age?
I am talking abou treaty as under:
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs,
IS Division-II:Legal Cell
New Delhi, dated the 11th Feb, 2009
To
The Home Secretaries of all States/UTs,
The DGPs amd IGPs of all States/UTs.
Sub : Comprehensive guidelines regarding service of summons/notices/
Judicial process on the persons residing abroad.
Sir,
Section 105 of Criminal Proceedure Code (Cr.P.C.) provides for
reciprocal armaments to be made by Central Government with the foreign
governments with regard to the service of summons / warrants/ judicial
processes. MHA has entered into Mutual Legal Assistance Treaty/
Arrangements with 25 countries. In respect of other countries, the Ministry
attempts to serve the judicial papers by giving an assurance of reciprocity.
However, despite this Ministry’s best efforts the summons and other judicial
process get delayed for various reasons.
With a view to streamlining the procedure, MHA has examined the
matter and comprehensive guidelines are enclosed covering various aspects of
service of the summons/ Notices/ Judicial process on persons residing abroad.
You are requested to kindly have these comprehensive guidelines
circulated amongst all courts/ all investigating officers under your jurisdiction for
strict compliance.
Yours faithfully,
Sd/-
(Amar Chand)
Under Secy. To the Govt. of India
Encl : As above.
Copy to :
i) M/o Law and Justice , Deptt. Of Legal Affairs, Shastri Bhawan, New
Delhi
ii) M/o External Affairs, CPV Division, Patiala House Annexe, Tilak Marg,
New Delhi.
iii) JS(PP), MHA, Lok Nayak Bhawan, Khan Market, New Delhi
iv) JD(Policy), CBI, North Block, New Delhi
v) Joint Director, IB, New Delhi.
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs
Subject: Comprehensive guidelines referred to in Letter No. 25016/17/2007-
Legal Cell, dated ______ of Internal security Division, Ministry of
Home Affairs regarding service of summons/notices/judicial
process on persons residing abroad.
--
Section 105 of Criminal Procedure Code (CrPC) speaks of reciprocal
arrangements to be made by Central Government with the Foreign Governments
with regard to the service of summons/warrants/judicial processes. The Ministry
of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreements
with 22 countries which provide for serving of documents. These countries are
Switzerland, Turkey, United Kingdom, Canada, Kazakhastan, United Arab
Emirates, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France,
Bahrain, South Korea, United States of America, Singapore, South Africa,
Mauritius, Belarus, Spain and Kuwait. In other cases the ministry makes a
request on the basis of assurance of reciprocity to the concerned foreign
government through the mission / Embassy. The difference between the two
categories of the countries is that the country having MLAT has obligation to
consider serving the documents whereas the non-MLAT countries does not have
any obligation to consider such a request.
Summons/notices/judicial processes issued by the Indian Courts.
2. The summons/warrants/judicial processes received by MHA are
forwarded to the concerned Indian Missions/Embassies which in turn, takes up
the matter with the designated authority in that country. In case of MLAT
countries, the manner of communication is as laid down in MLAT and can be
either directly between MHA and the Central Authority or can be through the
diplomatic channel. The designated authority after considering the request
directs its agency to serve the document on the concerned person and the report
of the service, if any is also received through the same chain. This is broadly the
system in majority of the countries. However, in some countries private
companies/NGOs have also been entrusted with the service of judicial papers.
3. Based on the experience gained, some guidelines are given below which
may be followed while making a request to MHA for service of judicial processes.
It may, however, be noted that it is the discretion of the requested country to
serve the documents and any time frame for a positive response cannot be
predicted.
a) All requests for service of summons/notices/judicial processes on
persons residing abroad shall be addressed to the Under
Secretary(Legal), IS-II Division, Ministry of Home Affairs, 9th Floor,
Lok Nayak Bhawan, New Delhi- 110003. All requests shall be
forwarded through post only with a covering letter from the
Registrar/Court official giving the following information:
a) Material facts of the criminal matter including purpose of the
request and the nature of the assistance sought.
b) The offences alleged to have been committed, a copy of the
applicable laws and maximum penalties for these offence.
c) Name, designation, telephone and fax number of the
person/officer who will be able to give any clarification, if
required.
d) The complete address of the issuing authority to which the
judicial papers/service reports may be returned.
e) Approval of the competent authority to bear any expenditure,
which they be charged by the foreign government/agency for
the service of the documents.
f) Degree of confidentiality required and the reasons therefore(in
case of confidentiality requirement).
g) Any time limit within which the request should be executed.
This will be subject to allowance of sufficient margin of time by
the requesting agency, as indicated in para 3(iv) of the
guidelines
b) MHA, on receipt of request, will examine it in view of the provisions of
treaty, if exists, with the requested country and as per the provision of
CrPC in case of non-treaty country.
c) India has a MLAT with Singapore and the Govt. of Singapore has
prescribed a proforma which shall be completely filled and sent
alongwith the request for service of judicial documents. The said
proforma is at Annexure – 1 to these guidelines.
d) MHA requires at least a period of 12 weeks times for service of such
notices in the concerned countries. It is, therefore imperative that a
date of hearing/appearance may be decided accordingly.
e) In the case of non English speaking countries, the notices should be
accompanied with the certified/authenticated translation(in duplicate)
in the official language of the country where the notice is proposed to
be served.
f) Name and address of the individual/organization should be complete
in all respect and PO BOX no. and Passport no. will not suffice as
address of the individual.
g) Ministry of Home Affairs responsibility to service the summons is only
in Criminal Matters. Hence, summons in Criminal matters only may
be sent to the Ministry for service abroad.
h) MHA does not undertake service of the non-bailable warrants of arrest.
The service of non-bailable arrest warrents amounts to the extradition
of the individual. The request for extradition are based on certain legal
procedures contained in applicable treaties negotiated on the basis of
the International Principle of Extradition. Such requests are to be
forwarded to the Ministry of External Affairs, CPV Division, Patiala
House Annexe, Tilak Marg, New Delhi – 110001.
(A)SUMMONS ISSUED BY THE FOREIGN COURTS/AUTHORITIES:-
4. The summons issued by the Foreign Courts/Authorities and received in
MHA will be served by the State Police through CBI-Interpol. However,
Indian Mission/MEA while forwarded such requests to MHA will ensure
that:-
a) The summon is followed with a translated copy in the Indian language.
b) A reasonable time say 10 weeks is allowed after the summons are
received in the Ministry of Home Affairs.
c) An Assurance of Reciprocity(AOR) is followed from the countries
which insist for the same in respect of Indian Summons.
can i go through in my case?
raj
22 March 2011 at 11:54
The wife living separately from the husband as she is doing job.The wife can also get a job at the husband's place but with lass salary.Now husband wants to file RCR?
Can wife defend it as she is living separately for doing job?
raj
22 March 2011 at 11:46
(a)Can a married person go for livein relationship?
(b)Can a married person applying for RCR go for livein relationship?
(c)Can a married person applying for divorce go for livein relationship?
Anonymous
22 March 2011 at 11:13
My mother is having joint account with my elder brother and father has expired , now after my mothers death who will get money joint account holder or the nomination or as per will
Anonymous
21 March 2011 at 21:14
In a matrimonial case a person who might be witness from my wife’s side, was a middle man between us. Actually person who might be witness is a Chartered Accountant and we both, me and my wife were working in his office. I was working with him from Oct’1999 to Aug’2009 and my wife was working with him from Jan’2004 to Jul’2009. Before a week from the date of our marriage (date of marriage was 28.12.2008), we have dispute between us due to this person, as he was asking our personal matters to my fiance in my absence. The dispute was settled and my fiance after talk with me in that person’s presence at her home and ready to merry me. As it was agreed between us that my wife has no one except widow mother in her family, so she will continue to work after marriage and share her salary with her widow mother, I allowed her to continue to work at the same office after marriage. But the said person was touching my wife frequently in my presence in his office and was asking personal and house hold matters to my wife in my absence when I was out of office for office work. When I object about the same my wife told me that I am taking doubt on their relations, due to the said person our marriage were solomonised, he is my well-wisher and like god father and she left matrimonial house on 24.04.2009. Thereafter the said person was threatening me and my family members for having Mutual Consent divorce otherwise face bad consequence, so I have logged Police NC Report against him on 11.07.2010. Also past and character of the said person was not good as he and his wife was involved in wife swapping matter and during our working hours we found magazine like Debonair, Playboy for general office drawer. In short he believes in western culture and instead of uniting us he is saying to my wife that her husband is orthodox and narrow minded. She should have divorce with him and have remarriage with some another good person.
There after she filed petition for divorce on 10.08.2010 on the ground of Cruelty, dowry, non-provision of food and slapping etc. in the District Court Kalyan Senior Division. After 7 hearings issues were framed by the Court on 11.03.2011 and in next hearing i.e. 06.04.2011 list of witness is to be submitted. I am sure that she will submit the name of said person as witness.
My query is as expected if my wife is submitting name of the said person as witness in the Court and above matter discloses and the said person found to be guilty of separating us / root reason for dispute between us what actions will be taken against him by the court?
I have recording of my wife in which she accepts that the said person is her God father and I am wrong and the said person is right. Can I take actions against the said person?
Anonymous
21 March 2011 at 20:45
A lady's (Savita) father (Bholu) made money before 1956 and purchased properties. Bholu died in 1950. Bholu had one son and one daughter (Savita) (died in 1945).
So at the time of his death, there was a son (Bhiku) , a widow (Sita) and sons of the pre deceased daughter (Savita).
Widow (Sita) died in 1960.
Please inform whether son's of pre-deceased daughter (Savita) will get share from the property of her father(Bholu). Similarly, whether they are entitled to share in the property of the lady's mother(Sita).
The property is in the possession of the son (Bhiku) and his sons & grand sons. So far partition of the property has not been done.
Anonymous
21 March 2011 at 19:48
I need citations on 'loosely drafted pleadings are allowed as' litigants may be illiterate of law, especially in family courts and family disputes.
Judges are expected and are competant to gather the material and sustance from the pleadings as to what the litigant's is all about.
I have come across a similar HC judgment a long long time back, but not able to search it again.
Thanks
iniya
21 March 2011 at 19:32
I got married a year back and got into joint family with inlaws. These are my problems:
1.From day 1 my husband dint show much of interest for both emotional or physical intimacy and that affected me a lot. Finally our marriage became consummate after 10 months. Btw whenever I tried asking my hubby for some private time or going out my MIL use to interfere and will ask to do things on my own and dont disturb him or try stick with him always. Moreover even if we go out my SIL will come with us. When I raised this issue my hubby felt as if it will displease his mom and sis if he spends time with me alone even at night.
2. Even though my parents were equally rich my MIL was of the opinoin like watever shridhan given was not up to the mark and not much to say. She indirectly suggested my hubby that its my responsiblity to sell off my jewels and a car gifted during our marriage for my SIL's marriage and further I need to arrange for business for my husband with help fo my dad. Pl note my inlaws are financially good and they could manage even without selling my jewels. Also my inlaws family itself is business family capable of financing my hubby for new venture.
at the peek of all when our marriage became finally consummate and hubby began showing little affection , my MIL droped another bomb saying she could have chosen better girl for my hubby and my obedient hubby started listening that too. and started maintaining his distance again.
one fine day, for some silly reason of lesser gift given for an auspicious occassion my MIL said our family disrespected them and throwed me out of the house and my hubby supported and stood by he saying he is going to divorce me. He also called my parents and informed them saying I ran away from home and dono where I went. They took my mobile before sending me out. I was on street without a penny.
The next day they filed a case against our family saying "threat for life". I had no other go than to complaint a 498a case and got a CSR copy alone. Requested the police for mediation and compromise and reconcilliation
My inlaws promised they are ready for compromise provided I withdrew my complaint before that. i did so infront of them (though police dint take my written statement and still kept the case open for safety till matters settle). On assumping i withdrew the case they never turned up for compromise as promised and instead presurrised to take action on my family for life threat petition given by them.
How do I handle it. Divorce or mutual consent is definetly not my choice. (that why they sent me out aiming for divorce)Can police help me in reuniting with my CSR. One of the reconcilliation terms I want is to go for couple counselling and psychothearpy as my hubby's mind is poised with thoughts said by my MIL. Pl help how to go about. I want to save my marriage. I dont want to leave that easy when they can just marry me for society (my SIL's marriage fixed after seeing the grandour of our marriage) and ditch me after they feel they can go for more prospective bride again.
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heirship of daughter-in-law
WHETHER DAUGHER-IN-LAW IS LEGAL HEIR OF HER MOTHER-IN-LAW? IF SO CITE THE RELEVANT JUDGEMENT OF SUPREME COURT.