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Shantanu Wavhal   20 August 2013 at 18:02

Application for prosecution - maintainability in 1st appeal

I filed HMA sec. 11

Resp. wife lied in Trial court 3 times.

I bought this to the notice of Trial court in my Written Arguments.

I did not file any application for prosecuting her. (as it would have delayed the trial)

Trial court, in its judgement, did not record any findings to this point.

My application allowed – marriage declared null & void.

Wife filed appeal in District Court.

In this appeal case, I filed application to prosecute her for lying in Trial Court.

Opponant lawyer objected wrt. Maintainability of this application.

Is my application for prosecuting the opponant (for lying in Trial Court) is tenable in First appeal ??


Kind request to provide rulings in this regard.

Adv M.D.Azhar   20 August 2013 at 15:36

Regarding the income

dear sir, I have one case of maintenance of muslim couple. in the said case applicant has filed a maintenance application and prayed for 7,000/- per month to maintain her self. now the coupled have no issues behind there. aaplicant taken plea that the, ipponent has the agriculture land but I have produced,the certy of the tehsildar that there is no land in the name of the opponent and we have taken a plea that opponent is a merely a driver who hardly earns 100/- rupees per month and he has also the burde of his parents. now in his cross examination he admitted that there is the agri.... land but it is not in the name of mine and said land has been farming by my brothers and the said land is just 2 acres only now both parties have closed the evidence and matter on the stage,of,argument. therefore I need a judgment in which not more than thousened rupees awarded to the applicant because the opponent is really in not a goodcposition and he hatdly earns 5000/- rupees per month so if u experts have some suggetion that on which point I can makecstrong arguments. another proble is that opponent do notbwant to live with his partner because he do not want get married with appkicant since the begining but just because of his parents he,did the marriage and it was also in the knowledge of the applucant.

Mohd. Khalid Quraishi   20 August 2013 at 13:42

Discharge application

Respected lawyers
my parents and i have been implicated in 498a
504,506.323,3/4 DP ACT all of us were bailed out on 23 NOv. 2012 and committed the case for ST 11 feb 2013 now the case was transferred another new judge on 13 th Aug on that new judge warned me that all has to be here next date for charge on 20th Aug. when i went today just with my mother and with application of my father judge asked me when i warned you then why all you haven't come then we were sent in police custody and was said that you will be sent in jail while i wanted my lawyer should give discharge application but because of strike lawyer was not there and hardly we are given date 24th of Aug. on that date may be strike so what should i do now coz sec 307 is not proved coz injuries are simple. the judge was saying if you don't come on that date you will be sent jail and i won't give you bail what should i do now please tell me what should i do

Rajeev kumar   20 August 2013 at 08:08

Maintanance case under hama

The petitioner attached the only property of the Respondent and Fixed Deposit worth 5 lakhs in the name of the Respondent. Earlier through the Standing instruction given by the respondent, the Petitioner has been recieving the interest of the Deposit. After the attachment of the Deposit by the petitioner, the Bank stopped to release the monthly interest to the Petitioner. Then the Petitioner filed an IA to release the monthly interest from the Bank. The respondent want to object this IA. Is it possible for the Respondent to object and if so on what ground. The respondent is unemployed and doesnt have any other source of income. Whether the respondent can revoke this standing Instruction during the pendency of the attachment? Any cas laws? Please guide..

T. Saranvelu   20 August 2013 at 08:00

Divorce- mental cruelty-reg

Sirs,
Can any one suggest or give judgement on "mental cruelty derived not based on number of incidence taken place and when takes place in the matrimonial life". Since the judgement is essentially needed for our cases. Kindly give the judgement related to matters.

syed niaz ahmed shah   19 August 2013 at 22:15

Custody of muslim girl 8 years

the mother and girl left their matrimonial home as husband threatened them with dire consequences and asked them to 'get out'of the house and bolted the front door on them.

The woman works in metropolitan capital and while her parents live in J&K. She applied for the custody in the principle district court and meanwhile she had secured her admission on 15 2 2013 in Srinagar and while in Srinagar she was able to get Interim order for the girl in 4 march 2013 and at the same time she gave in written notarized agreement that in her absence her mother and father will be in charge of the child.

Meanwhile the husband in Delhi family court saket filed on 23 Feb in which the husband acknowledged that the custody of the child since 24 Jan 2013 is with the mother . he also acknowledges his income is only Rs.150000 per annum by which he does not have means even to pay rent of the house while court put wife on notice in March, where her lawyer objected the petition on grounds that interim orders are already existing in Srinagar and jurisdiction of Delhi family court cannot act .

Does the husband have any right to file or fight the custody on grounds that mother is not continuously in Srinagar and hence the child should be given to father.
What citing should the mother show to the learned judge as the daughter is in good hands and has been securing A grades in school and is on the website of the school also.

Please guide.

RAVINDRASINGH   19 August 2013 at 12:58

Brother father in law

Respected Sir,

My Self Ravindrasingh still bachelor lived
with my brother and father and mother.recently my brother expired due to BP Low and Gastrology Problem and he got married three years ago but his wife will not living with him and my brother father in law always take her to his home and always blame something nusence and take her away and my brother wife has relationship with others and recently she got engagement with other.Now he came and asking compensation and all.After Marriage only
my brother got tensions and got weaker by weaker day by day do to his wife behavior and she always talk in phone with boyfriend even when she was living in our home and we complained my brother
father in law that she doing like this and bother getting tense and he tells some reason and take her their home and never come back upto 5 to 6 months and after that she come lived 2 to 3 days and same procedure goes on and one day he came told that i dont let her live in our house and i will do her another engagement told n gone mummy daddy and all other accepted it and after that they are more contact with us and now 3 days back my brother expired now came n giving tensions and asking property and all that.
Sir Please Give suggestions

Regards
Ravindrasingh
Gulbarga

sanjeev kumar   19 August 2013 at 11:05

Divorce regards

D/Fellows,
Is 498A conviction a solid ground to seek divorce by the husband who has been also living separate from her for 14 years?
with regards

Dheeraj kumar   19 August 2013 at 10:59

Dv case

hello sir/Madam

Can I skip one of the date for DV case because of some commitment or else ill health.

Whether it will dilute my case if i not attend one of the date.

Thanks

Member (Account Deleted)   19 August 2013 at 09:37

Fake sign by nri spouse

Husband is in USA , working and living there. Already filed Divorce Case through POA given to father in India. Wife filed DV case in india. Wife observed fake sign on WS submitted by husband advocate. Wife objected. Husband advocate ask to take Center Government permission Crpc 188 as notarized the vakalatnama in USA but clearly fake sign on WS.
Please advice.