swaraj
13 October 2013 at 18:50
Respected sir 498a 406 323 charges are against my father and brother challan has been produced and court declared pro as my brother is in abroad.I want your guidance about my brother.1.suppose my bhabhi not pursue case in court and tell judge that I want to stay with my brother then what will pro status for my brother. Thanks
Member (Account Deleted)
12 October 2013 at 23:40
Respected Adv,
What to do when very important true ceritified copy ( as proof ) lost just before submission of Proofs in court on date. I have photocopy of true certified copy.
Member (Account Deleted)
12 October 2013 at 22:40
is it necessary that a woman can file divorce petition only from her residential place or from other state
mohanlal
12 October 2013 at 12:52
Complainant of a maintenance case u/s 125 of Cr.P.C. somehow managed to get a favourable order passed by suppression of important material facts and by playing fraud on the Court. The Opposite party had no knowledge about the said order passed.
For the execution of the said Order for attachments of salary and allowances of the opposite party, the Complainant moved an Application supported with a defective affidavit. In the said Affidavit the Complaint has not mention anything about the averments of the said Application whether those are true to her knowledge or based on records or belief to be true etc etc. She only mentioned in the Affidavit about the last paragraph of the Application where she made few submissions and prayers. Subsequently the said Application was allowed by the Principal Judge of the concerned Family Court.
Later on when the Opposite party came to know about the said Order of maintenance and the execution proceedings he filed a Revision Petition in the concerned High Court. On the date fixed for the payment of the maintenance in the Family Court, the Opposite party also moved an Application, inter alia, seeking a direction to the Complainant to file a proper Affidavit in respect of the Application seeking the execution of the Order of maintenance. The opposite party also brought into kind notice of the said Family Court that he has challenged the impugned maintenance Order in a Criminal Revision Petition in the concerned High Court. The Application of the Opposite Party is pending for hearing on the next date and the complainant’s copy of the said Application is duly served on her.
Since it is almost well settled proposition of law that the proceedings of the maintenance case under section 125 of Cr.P.C. is a Civil Proceeding.
NOW QUERIES:-
1. Whether it is mandatory on the part of the Complainant to file an Application supported with an valid and proper Affidavit seeking execution of the maintenance Order passed in her favour;
2. Whether once the principal Judge allowed the said Application of the Complainant, can she direct the complainant on prayer of the Opposite party to submit a proper and valid affidavit in respect of the said Application;
3. Whether the Opposite party is entitled to get the said relief from the said Principal Judge;
4. Whether in the said execution proceedings which deemed to be a Civil Proceeding, it is mandatory on the part of the Complainant to file Application with a proper and valid Affidavit;
5. In respect of the brief facts of the case aforementioned, Any other and further suggestions/advices to get full relief and justice to the opposite party in respect to said material illegality/irregularity and fraud;
swaraj
12 October 2013 at 09:18
respected sir the 323, 406,498a registered against my brother and father my brother abroad and declared po.now thw police produced challan in court and my father got bail on challan day and magistrate fixed next month date .my question is that what happened in next hearing
2.my bhabhi want to reunite with my brother and write emails anout that .my brother also sent money to my bhabhi and haves receipt.my question is that is it helpful for us or not in next hearing.
3.my bhabhi withdraw the divorce case in court and the domestic violence case also dismissed by court,is it helpful for us or not.
4.also also give us suggestion for my brother.
thanks and regards
NAINA DUTIA
12 October 2013 at 06:05
Can father have custody of minor
yousuf
12 October 2013 at 06:02
am a dawoodi bohra & got married one year back as per dawoodi bohra nikah in jamaat. I am attaching here my case for guidance from experts ..I want my wife back in my life as she is taking deciion in hurry & she needs time . I am sure we can sort out all differences..I need guidance on following issues
1) Can this jamaat divorce papers be proved invalid as it was against my wish & i was fooled by aamil sahab as they didnt gave anytime for reconciliation . 2)I want to take my wife back & i am ready to do anything for her. is it possible that in court we would be given consuelling & i can prove that she is still my wife
Sujith
11 October 2013 at 16:12
Dear experts,pls let me know in dv case if the wife withdraw the society on her will and after that she filed dv case against her husband that the husband deserted her becoz i have her written statement on a stamp paper i am attaching the same.
Prateeksha Das
11 October 2013 at 04:07
I am planning to get married with my boyfriend of 3 years. We both are Hindus but we will not get parental consent. We are natives of Kerala but are in Bangalore since 2 years and we want to register our marriage in Bangalore because if we register in Kerala our parents may create problems. Kindly suggest me the procedures and the best way to register our marriage. We want to be legally valid. Please tell me about Arya Samaj Marriage as well.
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Proclaim offernder in 498a
Respected sir 498a 406 323 charges are against my father and brother challan has been produced and court declared pro as my brother is in abroad.I want your guidance about my brother.1.suppose my bhabhi not pursue case in court and tell judge that I want to stay with my brother then what will pro status for my brother. Thanks