bharat jeevan uday
29 May 2016 at 14:53
dear sir,
regards , I m facing 498 a case . my father wants to bedhakal me from property and all so that they may b saved from allegations. He already made a publish in newspaper about bedhakhal .Is it okay or my father have to file a case in court about bedhakhal or newspaper publishing is sufficient for this.kindly help
Madhava K Murthy
29 May 2016 at 12:28
Dear Experts,
I am facing 498A ,323,506 case, charge sheet filed, summons served for the appearance of accused, we are totally 4 family members facing this false case, I am A2 in this case. The next hearing date is posted for next month.my questions are as below
1. When should I file for quashing of charge sheet in the higher court, since none of the accused are staying together and all from different places. Especially my married sisters A3, A4.we are having enough proofs against the charges. Our lawyer is just prolonging the time stating that he did not receive the charge sheet copies, the copier is not working like that, he is claiming he filled application for certified copies of charge sheet and other documents 3 months before still no results?? I don’t know why he is prolonging that much??He took money also as advance for quashing application, but so far he did not applied??
2. Once the trial starts then all of us have to attend the hearings?? While trails are on, then in between can we approach the higher court for quashing of the charge sheet with other lawyers??i heard once trial started then we have to face it till case disposed ?? is it true ??
Dear experts we are facing this situation first time in our lives, we don’t have any knowledge of LAW. Kindly give me your valuable inputs on this.
rashmi
29 May 2016 at 04:13
Hi,
Please help me I am very much tensed due to my husband sisters behavior towards us ,actually my mother in law was killed by someone on june 2011 and then as she was having one plot in which nominee was my husbands sister and she left some LIC amount for her ,after her death my husband took the pain and got all the paper work done ,he transferred amount in his sister account LIC amount and plot which was sold out ,that point of time she was having good terms with him and she gave money to my husband for flat but now our terms with his married sister is not so good so she is threatening us that she will put a stay order on a property owned by my husband which he purchased ,please suggest i need immediate help.
MUKESH GUPTA
28 May 2016 at 14:52
Sr I M going through trial in dowry case since Jul 2013 ,prosecution is taking maintenance and want to continue case for years and has not produced even single evidence,so how can I quickly dispose of case. wat shud do,
umesh
28 May 2016 at 11:12
Dear Sir,
My wife has filed a Crpc 125 close to a year now . It is come to petitioner's evidences till now! ( But they haven't filed evidences from 4 months and are trying to mint money) The lower court had failed to consider the below facts... hence I have appealed at high court,
1. I lost my job because of the harassment (twice) by my wife's relations at my office, I was warned by my H.R... fearing that more harassment might happen n of losing respect and dignity in front of peers - I resigned before my H.R forces me to do so. ( I resigned before this case being filed and the resignation letter is produced at court during hearing)
2. Before this... a group of 25+ people including my wife, in-laws and her relations had come to our house(s) and assaulted my mother and me to black n blues, for which complaint was lodged and FIR is filed! The copies of the same is produced at court along with MLC, wound certificate etc...
3. I had also submitted my parents medical report, my wife's medical reports ( she can't mother a child- almost a lakh was spent by me) including bills was produced. She claims to be illiterate and can't maintain herself! - N number of false allegations on me!
4. Rental agreements,p personal expenses etc... waa also produced at lower court!
By not considering any of these facts... court passed IM order to pay Rs. 5000. I managed to pay Rs.10000 initially.. later I was sick so I couldn't pay and approached high Court for justice!
My query is.... They have issued warrant, though we have appealed at high Court and even after giving writ petition number! Notice is sent to my wife from high Court!
In-between this... My lower court lawyer was not at all co-operative, she removed or suppressed many informations which I e-mailed her while filing objection... she misguided and convinced me for removing them... and now I am suffering!
She even scared me not to come to court... or immediate arrest will happen! I Was Confused what to do next... felt something fishy or she is mis guiding me... I went to court, but was around 5-10 minutes late!
Now... her junior says... you were late to court... hence the warrant was issued! Now they are giving NOC!!! - as I opposed her behavior and for misguiding me!!!
She says... take NOC or I will write memo to court! ( Payments made in full and regularly) I saw them interacting with my in-laws too!!!
*** warrant issued for non payment - though appealed at High court! - could it be all because of my lawyers negligence or corruption???
Can't I take stay on warrant now? (Next date is 7.6.16) As I am jobless and in a very bad shape! Dependent on my parents- my father sells let chains at foot path!!! Somehow managing family with tears n liabilities.
Why is court failed to consider my documents? and did this Injustice to me?
Can I draft or proforma to cancel warrant or take stay at high court! ( Next date at high court is unknown!)
bharat jeevan uday
27 May 2016 at 17:03
sir,
kindly to state that i am married from noida and my address is delhi. I am managed to win crpc 125 maintenance case as my wife didnot come on three consecutive dates and the judge dismissed the case after 2 years. my question is can she file a new petition in delhi court as my address is delhi and her address is noida. I won the case in noida court of maintenance 125. Can she go for a new petition of 125 in delhi court. MY lawyers said she only go for reappeal in noida court she cannot file new case of 125 in delhi.plz advice
Member (Account Deleted)
27 May 2016 at 14:01
Dear experts,
My great grandfather (grandpa 's father) has some properties which is in his name till date. The great grandpa get expired. And when he was alive all his children distrusted his property before him and there was no paperwork done at that time.
By distribution done, my grandfather got some part of property. My grandfather has 2 son including my father. The property which grandfather got as inheritance is owned by my uncle only after the death of my grandfather , father had not been given any penny from it.
What is the correct way of distribution of ancestral property, which is still in the name of great grandpa, as per Muslim law.
Thanks and regards
Shabi
Anonymous
27 May 2016 at 09:23
Hello All. One of my friends has done registered marriage in a small village of Maharashtra, however they both are from Mumbai. So will their marriage be considered legal. Also they have been living as bachelors and not been a single day together. It's been six months being married. But now the girl is saying she doesn't want to continue this marriage as her parents will not accept and will die. Can they both take a divorce by mutual consent. Also if in this case minimum 1 year is required to take a divorce. Please help. Thanks!
manjunath
27 May 2016 at 02:35
Hi All, thank you for all your opinions. I have been frank and honest to share here. I would also like to share few more points then you all say what I should be doing. 1. First week after our engagement we spoke. When asked does she like my family. Her reply was she doesn't like my mother and my elder sister. Reason before marriage my mother and sister had enquired about their family back ground such Native,education, siblings,property etc as per normal procedure before two family comes to an agreement. Also whay either family will be doing for the marriage to be solemnised. My wife took this as a dowry negotiation. I had said to her we do not accept dowry nor give dowry as I too have two sister and my family is against dowry. If she doesn't like my mother and sister because of this reason then there is no point in continue with marriage as she has to live with us and I can not leave my family for her misunderstanding. I requested her to speak with her parents and stop the marriage or else I will request my parents to speak with her parents and stop our marriage as it was just three days since our engagement. She said she muss took the discussion as dowry and was not aware of it so no need to stop marriage as it will effect her life and her relatives will cook up stories which will further complicate her life. So I felt she was kiddish or immature and thought she will understand once married and felt I should not be one to spoil a girls life as I yo have sisters. So went a head with marriage. My faith my father passed away 10 days of my marriage. My wife wanted to go to her native to bring her belongings so she went with her father stating will return in 20 days. I had informed them she has to return soon she as to be a part of my father's third month funneral. My wife failed to return. Her parents were behaving irresponsibly stating will have the rituals done in her place and we do it in ours as they will not send her for some more days. She never returned four 4 months. Finally she was sent to our house with one of her relative. After her return her behaviour was different she never use to get along with my family. She was keeping herself distanced firm us when asked she reveled as she was in hostel for 6 years she prefers to be alone and has got use to it. Till the I was not aware she was away from her family. I thought it may take time for her to understand and will get along well after few days. Unfortunately she had to go to her native because of some month where mother inlaw and daughter inlaw should see other so she went with her sister stating will return after 30 days and I should go and bring her back. I called her the following month to inform will be coming to get her but she said will not return and disconnected my call. After numerous try they responded and started accusing us of dowry again also she doesn't want to stay with my family. She told me to do a separate house and leave my mother and sister. It all started since then. Since then she us been deserting the house often. 2. As long as she is in my place she seems to be normal but once she goes to her native she starts to cook up with reason's. 3. The main reason she keeps going to her native us her father reason he comes as and when he wants gives silly reasons and takes her away stating will bring her back in a week tome but she never returns for 3 to 4 months. 5. My wife knows I love her a lot and yes I do though she is not here I still love her. But I feel we cannot continue like this for long. I cannot desert my family for no reason. I have a life how long can I go on like this? 6. My wife had hidden the fact she was carrying. I came to know this from her sister in the fifth month. I had been doing my responsibility as a father as a husband thinking she will return and she did say will return in 5th or 7th month but know she has walked back. How long can I go this way it's been 4 months now since I have seen my kids and wife. I feel she is taking advantage of my situation. Can the law or my wife give me those golden moments I lost in this 3 plus years. I have tried all means to bring her back but failed to do so. What ever you people have asked everything was tried but failed. My only option now is seperate. It's painfull but have to. If I am wrong I am ready to face the consequences. Can my wife claim my mother's property? Sorry I know my story is long nut this the fact I wanted to share like. Please advice
Remarriage on base of notorized divorce .
My sister got married in may 2014 and after 3 months did divorce because of some dispute. The divorce was did in front of notory in August 2014. At the time of divorce he said to return her all belongings but he didn't returned any thing. He remarried in October 2014. We filed case in family court and district court in October 2014 but advocates n judges are saying the divorce is valid n nothing can be done now.
My query is- Is it valid legally n no one can take any action against him ?