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harshit   26 June 2017 at 11:08

125 crpc case

Sir,
125 crpc case has decided in favor of my ex-wife (divorced) in spite of submission of so many documents as evidence and written arguments before the ADJ/family court-FTC court (lady judge). I had also submitted few case law/rulings along with written argument as below:
1. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Allahabad H.C. dated 25.03.1976. Manmohan Singh vs Smt Mahindra Kaur: B.N. Katju, J. (1976 Cri LJ 1664) (All) - 3. Under Section 125(1)(a), Cr., P. C. 1973 maintenance allowance cannot be granted to every wife who is neglected by her husband or whose husband refuses to maintain her but can only be granted to a wife who is unable to maintain herself.
In Zubeda Bi v. Abdul Khader, (1978 (2) Kant LJ 143) : (1978 Cri LJ 1555) this Court also took a similar view, and held : "Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her."
2. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Haunsabai v. Balakrishna, 1981 Crl. LJ 110

During the oral as well written argument these citation were not discussed with opposite party lawyer. But in the judgment, the Judge has itself given the citations on behalf of opposite party against my citations/ruling which i have quoted. On the basis of these citation (quoted by judge) the judge has decided the judgment in favor of opposite party and allowed the maintenance. The petitioner has not submitted any single documents/evidence for claiming the maintenance.

My quest. is that : is it possible any Judge can give/quote itself the citations/ruling on behalf of opposite party against my citations/ruling which i have quoted.
It is un-digestible for me. Kindly advice/suggest.

Arvind Nishad   26 June 2017 at 00:32

Fake dowry case after engagement breakup

On 26 January 2017 I got engaged with a girl. Girl is from Bhopal MP. She has done 12th and doing Diploma in Nursing.
My family has been introduced on 20th Oct 2015 in Bhopal to bride family by a Lady mediator who is a relative of girl’s family and also belongs to my native place UP.
Both the family wants extra time for fixing marriage date since girl was completing her education and I was planning to buy Home so marriage was postponed by 1.5 year and date was fixed as 11th May 2017. To confirm the marriage Roka (Varaksha) was done on 26 April 2016 at my Native place Gorakhpur UP at my expense, the approximate expense was 1 Lac INR.
They had given us 21000 Cash as Sagun on Roka and gifts not more than 5000 Rs.
The engagement was fixed on 26th Jan 2017 in morning 11.30 AM , accordingly we had done Ticket reservation for both the side but before 7 days his father called and said that now engagement will be happen at 9 PM. We were not clear about why he has suddenly changed the time but after reaching Bhopal we came to know that Her father was retired from his government job and given the combined party of retirement along with Engagement to his relative and Friend.
Her father had done the arrangement of our stay in a hotel for one day of 18 people. It has cost them approximate 12000 Rs because it was just stay without food.
After 3 month of engagement mediator has informed us about a strange epic which finally lead to break the marriage? She said that she was getting call from unknown number saying that boy is already married and you are ruining a life of girl by marring with a married person. We had informed about this nonsense to girls family and they started questioning us and they doubt on my characteristics which was very disappointing to me.
His father visited Mumbai on 12th April and we had discussion on this matter with him along with relatives from both the side. We had requested them to postpone the marriage for next 3-4 month. Once everything will be clear as why unknown person is making such call and motive behind this, will go ahead for marriage. But they were never ready for this and started threatening us that if this marriage will not happen on 11th May 2017 then they will file case against us of dowry and sent whole family into jail
His father has lodged an FIR in Bhopal on 28th April in Mahila Police Station at Bhopal under section 3, 4 under dowry prevention act.
Bhopal Mahila police has sent the police to my house Bhandup, Mumbai Along with Notice stating that My mother, father and me need to be present in Mahila Police station, Bhopal on 11 July 2017 else strict action will be taken by them.
While talking to police officer I came to that his father wants us to repay the expenditure of Rs 10 Lac which he claim that he has spent. Now please advise us what to do next
• Should I file case against him for my defame?

Arvind Nishad   25 June 2017 at 16:05

Fake dowry case after engagement breakup

By mistake it was posted two times so removed from here

harshit   24 June 2017 at 21:10

Appeal in high court lucknow

Sir,
125 crpc case has decided in favor of my ex-wife (divorced) in spite of submission of so many documents as evidence and written arguments before the ADJ/family court-FTC court (lady judge). I had also submitted few case law/rulings along with written argument as below:
1. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE.
Allahabad H.C. dated 25.03.1976. Manmohan Singh vs Smt Mahindra Kaur: B.N. Katju, J. (1976 Cri LJ 1664) (All) - 3. Under Section 125(1)(a), Cr., P. C. 1973 maintenance allowance cannot be granted to every wife who is neglected by her husband or whose husband refuses to maintain her but can only be granted to a wife who is unable to maintain herself.

In Zubeda Bi v. Abdul Khader, (1978 (2) Kant LJ 143) : (1978 Cri LJ 1555) this Court also took a similar view, and held : "Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her."

2. PETITIONER MUST CLAIM SHE IS UNABLE TO MAINTAIN HERSELF FOR RELIEF OF MAINTENANCE. Haunsabai v. Balakrishna, 1981 Crl. LJ 110
During the oral as well written argument these citation were not discussed with opposite party lawyer. But in the judgment, the Judge has itself given the citations on behalf of opposite party against my citations/ruling which i have quoted. On the basis of these citation (quoted by judge) the judge has decided the judgment in favor of opposite party and allowed the maintenance.
The petitioner has not submitted any single documents/evidence for claiming the maintenance.

My quest. is that : is it possible any Judge can give/quote itself the citations/ruling on behalf of opposite party against my citations/ruling which i have quoted.

It is un-digestible for me. Kindly advice/suggest.




Deepak   24 June 2017 at 07:14

Gold loan in bank .nominee

My father nominated me for gold loan in 2 different banks. After the death of my father his 2nd wife sent notices to the banks for gold.one bank gave me the jewel.but the other bank says I have to get signed by all the legal heirs .My mother died 20 years back. N this step mother married my father just 3 years .N have no kids out of the marriage. Plz suggest my legal status

s.vinodhbabu@gmail.com   23 June 2017 at 13:37

Adopted son's right over the assets of his natural brother

Say A & B are males. C & D are females. They were all brothers and sisters. All were the children of X. Whereas B was given away in adoption by X to his brother Y. Now A died issue less intestate leaving some assets earned by him from and out of his own income. C & D can claim those assets as the class II heirs. but they are also willing to give equal share to their other beloved brother B. what is the legal stand of B?. is a succession certificate necessary ?, for disposing those assets of A. And how B can be added in the said succession proceedings in order to transfer the said asstes legally to other innocent buyer. i.e How legally B can be made as a party to the said transfer of title of those asstes of A.

Read more at: http://www.lawyersclubindia.com/forum/Adopted-son-right-over-the-assets-of-his-natural-brother-151024.asp

Hitendra   23 June 2017 at 12:28

False Police Complaint by wife

My wife is living to her maternals for last app 2 months. I sent a legal notice to her this month to ask her to come back. She filed a false police complaint over it instead of replying.
Can police take me to custody if I visit to police station for this matter to put my views?

Anonymous   23 June 2017 at 12:19

Can I marry maternal 1st cousin?

Hi,
I am Hindu & I wanted to marry my maternal parallel cousin (mother's sister's daughter.)

In our community, marriage among children of brother and sister(cross cousin marriage) is valid by custom.

Though not customary, there are few eg(one living eg known to me) of maternal parallel cousin marriages (like my case)as well.

In this case, can I marry my cousin under Hindu marriage act or special marriage act?

If not, what are other options to get married?

shamsudeen   23 June 2017 at 04:44

3rd Mediatiton failed.

My sister husband married a girl without knowing to my sister. We filied a FIR complaint and 3rd Mediation got failed in Chennai High Court. since he was willing to pay the compensation the female child. We heard that he got a bail.
Will he get a bail, even if the mediation fail?

Moreover we filed a RTI to know the status- Since we didn't receive any update even when the mediation officer told that he is directing to court.
Almost 60 days passed after filied RTI we are clueless since no response from the RTI.

Kindly help us how to proceed this case and what action will be taken on them.

mohan.D   22 June 2017 at 23:48

Call details of my wife no

Dear sir /mam i want call details of my wife cell phone i went to police station to give complaint they are telling onces the case is in court we cannot take complaint i got doubt on here she is in contact with some one she is listening to his words if i call here also she is not coming with me because people who has here with someone are telling me that she is in contact with him that's y she is not coming how to get call records of here please help me