Anonymous
29 July 2010 at 22:43
Ld Counsels,
Is possible for a family court to dismiss a petition if it is proved that the allegations prima facie are self-contradictory and no prudent person can come to a conclusion based on this.
Why family courts are failing to frame the issues as required under Order XIV of CPC and accepts the case for trial. Even at the time of framing the issues if it is established the allegation/pleadings are self-contradictory and lacks merits can the court dismiss the petition. Kindlt give me such judgements aailable or any guidelines formulated by SC.
I am basically looking for a counter-part of criminal quash in civil proceddings
Please help. Thanks
kamlesh
29 July 2010 at 18:37
SIR,
I NEED PROFORMA OF WARRANT ARREST UNSER SECTION 125 (3) OF Cr. P C. BOTH THE PROFORMAS ONE WARRANT ARREST AND WARRANT ARREST WITH SURETY IN ENGLISH. CAN ANY ONE HELP ME
sagar Rao
29 July 2010 at 16:43
We have property in the name our father and my father had died last four years back without transfering his property to my mother or his sons,we are four brothers and pls inform who is the legal hire of my father property i,e my mother or my mother and four sons.
kumar
29 July 2010 at 09:10
Girl is applied for null and void of marriage against boy one year before(2009). we from boy side not received any legal notice from the court only our parents will be staying this address and other reason for rejecting the notice is not to extend the proceeding.
Now court is in the process of declaring the order, during this process( 1 week before) girl had amend additional petition for compensation.
Now we have received a letter from the girl that judge will pass order on 1/8/2010.
will judge declare nullity of marriage and along with compensation.
We are not interested in extending in proceeding, if girl wish to live together no issue and similarly not will to live also we have no issue, only factor is compensation such expenditure of marriage which they claim 15 L but from our side also we have spent .
if judge pass order both nullity and compensation. shall we can appeal compensation part later filing petition .
Anonymous
28 July 2010 at 22:16
Wife wants to compromise after 498a.
But her Pastor advised wife to put up maintenance case against husband as per wifes version.
Her Pastor not talking to any one from husband side.
Whats the way out from him as she is dependent on Pastor & no evidence on the conversation between wife & Pastor.
Any legal way please!!
Anonymous
28 July 2010 at 22:01
Wife is living as unmarried in the shelter of parents since last many years after being dumped by husband from her marital home where she lived for few months after wedding as per Hindu rites. Proper negotiations were made prior to engagement and after that groom was freely allowed to chat with bride on many occasions . She was science graduate, innocent and relatively younger and grown in metro city culture in a well educated well-to-do nuclear family and away from village culture. He was non-graduate, relatively older was pervert, lusty, uncivilized, and typical male chauvinistic pig and arrogant 'Damad', grown in village and tribal culture ,coming from underprivileged class.
During those few months she was abused sexually at nights by her husband with aforesaid traits, without taking her prenatal care. Her rural in-laws not only removed home-maid after getting 'Bahu' but also abused her physically by burdening her 18-hrs with home chorus ignoring her health during pregnancy with taunts. Her health started fast deteriorating after entering marital home full of hostility. The husband from day one, left no chance to exhibit his typical village behavior of undermining wife and in-laws by routinely subjecting them to insult, humiliation and embarrassment. He started abusing wife and in-laws mentally when her parents from metro-city were not accustomed to pampering their 'Damad'. Within no time he changed his color faster than chameleon by tactfully pressing wife and in-laws to yield to his demand for additional home appliances, furniture, and helping him financially.
After a few months of pregnancy, she was diagnosed requiring emergency abortion. This gave husband a golden chance to settle score with in-laws. For this he collected false and unlawful evidences which put a stamp on wife's health that she was unfit to serve basic marital purpose. Taking this as insult to their daughter, his in-laws advised him privately to get himself diagnosed to show his fitness for the same purpose. This advice straight added fuel to his mind, already smoking with rage for not meeting his said demand and his countrified personality took it as insult ,challenging his manhood. He became violent and furious and one fine day after conspiring plot, dumped wife after snatching her ornaments including 'Mangalsutra'. She left behind all her valuable households and 'Stridhan' and started living with parents. Her parents tried to contact him in all manners but in vain.
Husband immediately resorted to legal terrors, as modern wifes do by using 498A, including writ petition. He charged in-laws of not sending wife for conjugal relation and looting marital home by taking away all wife's property.
Wife did her medical forced abortion on parent's expenses and remained cool for her health recovery, without retaliating to husband's legal terror. Her parents could not use normal channels to meet him which he blocked by police action against them. Even wife could not communicate with him to tell him about her abortion, as he would not respond after identifying her on caller-id.
Many years have passed, and there is no any kind of response from husband-side. Wife now has developed hate against him, and does not like to remember the hell-like marital home. Of course, she waited for initial a few years after her ouster with a hope that husband would come forward to reconciliation or allow her to do the same for restarting marital life.
Now, wife wants 1) to dissolve the marriage, 2) wants to get free forever from any litigation she may face in future from husband-side, 3) wants to fight case for justice by putting aside all the useless, false and fabricated charges including criminal against her and parents, based on illegal and false grounds and at the same time wants to charge husband and his relatives for many crimes they committed against her and parents.
For the aforesaid purposes she wants to use all evidences possible in legal manner and false and fabricated documents received from husband in the form of legal notices including from police and copy of writ-petition from his advocate served in unlawful and unofficial manner. She has not received till-date any notice or summon from any court or faced any police action during all the past years till-date.
Please Advise
Thanks.
shashi
28 July 2010 at 09:16
If grandparents are no more and the property(still in the name of grand parents)has been equally distributed among my father and uncle.annual receipt is in the name of my father then-
still ,will it be considered ancestrl one?
Anonymous
27 July 2010 at 22:26
If the joint Hindu family property and ancestral property has same meaning ? If there is any difference please ex plane it.
Anonymous
27 July 2010 at 18:50
Que.1.Why is that their no time Limit for Filing Section 9 of HMA? Even after 6 years of desertion and having extra marital affairs few spouses taking the advantage of Section9 of HMA just for the sake of Maintenance?
Thus, similar to Divorce Clause Which says that 2 yrs of Desertion would entitles spouse to file for Divorce , Similarly their should be Clause of Filing Within 2 years for Section 9 other wise, it should not be allowed?
awaiting expert comments on this issue?
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u/s24 hma
order awarding maint. u/s 24 shall be challenged before high court under which prov. of law?