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sukhpreet singh   06 May 2013 at 13:12

About decree of divorce

i have got decree of divorce from trail court on base of cruelty on 5nov 2012 now she has filed appeal in highcourt .. plz help me and tell me that will my decree of divorce be dismissed or remain as by trail court..lower court has clearly judge that she has treated me wid cruelty.. i have two children both are in my custody. she has never filed any complaint against me and never ask for children.. she has no love and affection towards me and children it is clearly written in judgement by trail court..plz tell me that my decree of divorce will remain as by trail court

Deepak   06 May 2013 at 12:49

Solution for false dowry case

We have had a fake dowry case filed against us (Me, Father, Mother and married sister) in August 2011 in UP. 3 of us have been granted bail. But sister's bail is still pending (she couldn't appear for bail beacuse of her family responsibilities) and have warrants issued against her.

Now settlement has been done between both parties. We have got mutual divorce from court in February 2013 and they are about to file a compromise in court.

I don't have much knowledge about these court proceedings that's why I am asking this question:

What is the easy solution to get this case close so all 4 of us will be free. I don't want to take my parents to court as they are aged and week with health issues.

My advocate is telling me that first 3 of you have to be appear so court will charge you and then on next date evidence filing will be done and so on. he is telling me a long procedure and I am not sure if he is trying to run this case longer for his own gain or anything?

Any suggestion is appreciated.

Thanks

RAJESHWARI   06 May 2013 at 11:16

Legal rights of daughter on fathers property

WE HAVE 4 BROTHERS &3 SISTERS BUT MY FATHER HAS EXPIRED &RECENTLY MY MOTHER HAS ALSO EXPIRED,MY 3 BROTHERS ALSO PASSED AWAY NOW WE HAVE 1 BROTHER &3 SISTER,1 NEPHEW(WHOES FATHER &MOTHER PASSED AWAY)MY FATHER LEFT 4 PROPERTY BEHIND I JUST WANTS TO KNOW THAT HOW CAN WE DIVIDE THAT PROPERTY &HOW WE CLAIM ON THAT PROPERTY

Shantanu Wavhal   05 May 2013 at 19:46

Appeal period counting

25 / 04 / 2013 -
my petition u/s 11 of HMA allowed. Marriage declared null and void

26 / 04 / 2013 -
myself as well as wife's advocate filed application for certified copies (judgement + decree)

04 / 05 / 2013 -
certified copies ready for delivery

04 / 05 / 2013 - (Saturday)
last working day before Summer vacation.

i collected my certified copies on 04 / 05 / 2013

wife's advocate didnt collect his set of cert. copies

he is saying that he will collect the same after vacation

appeal period = 90 days.

these 90 days will be counted from 04 / 05 / 2013 or the date on which wife's advocate will collect his copies SOMETIMES in future after summer vacation ??

Law Querier   05 May 2013 at 19:05

Fake facebook account of wife by husband

Wife from Canada has filed a divorce case under section 13 (1) (ia) in India by giving Power of attorney to her father. Husband doesn’t want to divorce. The stages of the case (1.enter the petition by POA ,2.Reply by opponent,3.evidence by POA of petitioner,4.evidneces by opponent,5.Cross-examination of POA holder of Petitioner,6. Cross examination of opponent) are already completed. Now, Husband has made fake facebook account on his wife name. He has put only normal photos of his wife and gives only details about her family members. Wife’s father has filed complaint in DCB Crime Branch about Cyber Crime. I am from Husband side. Can I know what is the punishment for making fake facebook account? Under which sections/law is it Crime? Husband has not any wrong intense for this and don’t know about the Cyber law. What should husband do in this case? How can this action of husband make harmful to him? Please reply.

Member (Account Deleted)   05 May 2013 at 14:44

Query about cruelty

I have filed a divorce case under cruelty since December 2011 and my cross-examination is going on.Now suddenly out of the blue,my wife has emailed my cousin sister with a lengthy email making all sorts of false-accusations about me and denying any problems from her side(She hid previous uterine disorder from me).Can this also be considered Cruelty?
If so,how can I add it onto the affidavit as my cross-exam is going on?

Sandeep Kumar   05 May 2013 at 12:56

Advice please

RCR filed in Dec' 2011
(before RCR several attempts made; by phone calls (having call records), parents going their home for take back - she refused, sending money order twice, internal meeting etc.) she refused RCR three times and finally lodged totally false 498a, 502,307 etc.,to all my family members in Aug' 2012.
got anticipatory bail from kolkata high court .
She has taken all "STRIDHAN" as high court advised.
Chargesheet submitted by police, no proof (only police repeated his story in the chargesheet)
Again, RCR sent, now received but not appearing and submitted for one more month time for response.
498a case also going to start.
Actually she trapped in her false 498a case, second way their family members urging for excuse.
Question - What she going to say in RCR, if she comes.
If they planning for money (maintenance or alimony)then how can stopped.

She having intention from beginning - not to look after family members and give all earned money. their family members (mother (father expired), brothers) used her to extort us.
She is not earning lady and no child.
Our intention - Not to keep her and don't want to pay single penny.
Advice please..

Harrased   05 May 2013 at 10:28

Legel Remedy

As stated earlier that my wife has filed 125 in court and police complaint for dowry in her city which is 150 Km away from us to harras us. In counter I filed divorce case which is not moved for single inch yet. And she has got transfer the case in her residential city coutt due to which I. will have to go every time and is big hartasment to me. Now I want to know what else case I can file against my wife and inlaws who has made my life hell by putting false cases. So that they can also have the taste of their own medicine. Is there any criminal case to file against them

Mohan Singh   05 May 2013 at 04:05

How a case is dropped on the ground of lack of territorial jurisdiction

Dear sir,

I got married on 24-4-2012 at kolkata, which the resident of my wife, i reside at Ranchi, .from the 3rd day wife was behaving abnormally and threatening that she will put my family behind the bar. 10 days after the marriage my father-in-law came to my home at Ranchi and took her doughter to kolkata saying that he need to change the environment then after 3 to 5 days we will sent back to Ranchi.

after 5 days we call my Father-in -law there he said we will not send my daughter to Ranchi.

we tried to find the reason bend not sending her daughter to ranchi but we failed to get the same.

then on 18th-may-12 i sent her a legal notice with the help of a lawyer to sent back his daughter to my resident in order to live my marriage live else i will file RCR.

In reply to the notice he said we will not sent her to Ranchi as Ranchi is an insecure place.

now after a year of marriage she has filled Maintenance case 125cr.p.c against me in katihar court.

My Lawyer in the petition said that The the katihar is not under juridiction area as boy Reside in Ranchi and Girl resident is at kolkata and marriage sermonized at kolkata to please drop the case on the ground of Lack of territorial jurisdiction but my case was not dropped.

Now kindly suggest as to how to make the judge to drop the case on the basis of jurisdiction.

Give me suggestion how to proceed further.

I have also said that i am unemployed person.

mycent   04 May 2013 at 23:12

Rejoinder filed without any affidavit

Dear Experts,
Pls guide me in my situation.

1). My opposite party was present in court and is aware of the order passed. But in another petition my opp party is claiming ignorance of the order quoting that he was not present physically & was represented by his advocate thru vakalanama & that his advocate has not communicated the order to him. How can I refute this point of his.

2). Secondly he has filed rejoinder to my petition without any signature or affidavit. Is this acceptable ? If not what should I do ?

Your esteem guidance will be highly obliged.

-mycent