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Rajan   09 April 2013 at 17:27

Please advice -- order

Dear Sirs,

Under Indian Divorce Act 1869 amend 2001 (christian religion)

Presented the petition for divorce in the grounds of adultery on -- 24.01.2001 under Indian Divorce Act 1869

The Indian Divorce Act 1869 was amended in -- 3.10.2001

Proof affadavit filed under the grounds of adultery, desertation and creulty on -- 20.10.2006

Presented IA to permit inclusion of grounds desertion and creulty on -- 20.10.2007 (based on the amendment of the act in 2001 including these grounds for divorce)

IA allowed and Amended petition for divorce on the grounds desertation and creulty and filed the amended petition on --- 29.01.2010 under Indian divorce act 1869 amend 2001

Since proof affiadavit was filed in 2006, it was informed that NO amendment or fresh proof affaidvit shall be permitted by the court

Sirs, kindly advice as the respondent has presented / mislead his argument in 2013 on adultery, deseration and creulty based on the proof affadavit filed in 2006 failing to inform the court that the amended petition allowed by the court in 2010 was with the grounds of desertation and creulty.

Due to his misleading the court pronounced the judgement on adultery based on the proof affadavit of 2006 and didnt consider the amended petition of 2010 that didnt have the grounds of adultery but had the only grounds of desertation and creulty.

Sirs, please advice if this judgement is valid OR once I get the judgement copy, should I present the review petition in the same district court informing that the grounds of adultery was not there in the amended petition allowed by the court in 2010.

Please advice

Amit   09 April 2013 at 16:39

Filing appeal

Hi,

A residential order of paying rent to my wife was passed by the magistrate in the DVC filed by my wife.

My wife is going to appeal (as indicated by her advocate) against it (in sessions court).

In case she goes for an appeal, in response to her appeal (and not on our own appeal):

(1) Can we ask for reduction of the rental money to be paid?

(2) Can we present any additional evidence (of her income) in case we obtain any (which we might). Will it help in this case?

(3) Since we've started paying money (from Apr'2013) to her and the sessions court increases/decreases the rental money (say in Nov'2013), what will happen to the difference of amount (from Apr to Nov)?

(4) Her appeal would be mostly not for increasing the rental amount but on the right to live in the house owned by me but in which we (me and my wife) never lived (and hence it is not shared household). We always lived in a house taken on rent by me. Same reason was quoted by magistrate and he dismissed her plea to live in the house but ordered rent to be paid to her. Is this reason good enough in Sessions court too? Can we carry and stress on this argument going forward?

Thanks

chig   09 April 2013 at 15:38

Amendment application

Amendment granted after 6 months of deliberation. Amendment allowed but could not be made within 14 days from the date of order. Extension granted on 18th day of the order. Opponent counsel raised review petition on the ground the order being illegal as after 14 days the order became flat and had no legal force. Please advise.

Rajesh   09 April 2013 at 14:05

Un-necessary intervention of father and mother

I married to a girl namely sruthy,
she has no mental development and
compelled to depend mother for all
the reasons.
They make it a reason and cheating
me for money.
Even if i call my wife also she is
suggesting i can't leave my mother and come
Mother teaching her thtat i will kill her.
What can i do
If they are not interested they can give me
separation or divorcee.
How to proceed this
Can you help me
But one thing sruthy is poor girl.

Tipsy   09 April 2013 at 09:28

Doctor certificte of letter head for will purpose

IS DOCTOR CERTIFICATE OKAY FOR WILL PURPOSE

DOCTOR CERTIFICTE OF LETTER HEAD


This is to certify that _________have signed her will in my presence and she is of sound and disposing state of mind at the time of signing of the will and she has signed this will after understanding all the provisions correctly


Dr _________________

S P SRIVASTAVA   08 April 2013 at 23:23

Challenging order passed by session court -- limitatiom

what is period of limitation for challenging in High Court the order passed in revisional jurisdiction of order passed by M.M.U/S127 crpc.

S P SRIVASTAVA   08 April 2013 at 23:00

Remidy against judgment on 127 cr.pc

judgment passed by session court on revision of order of MM under section 127 cr.pc. Whether such judgment can be challenged in high court under which provision of law and what is limitation period for challenging the same in high court.

Mohan Mandelia   08 April 2013 at 22:02

Succession act sec 25 sister murdered her brother is entitled property share of her died brother

My query unmarried brother who have three sister one unmarried sister live with brother and planed murdered of brother and case registered U/S 302 IPC against her,And now she was in jail.Other sister apply succession certificate from district court.
Accused sister wheater sec 25 of the Act apply or after conviction it will be applicabe.


Victim_1979   08 April 2013 at 21:47

Falsely involved in a 498 case

One of my friends name is wantedly mentioned in FIR but not considered as an accused, what is her position in that case..

My friend and her classmates were in love with each othe but unflortunately they couldnt get married and that guy married another girl..

That guys wife some how got all the mail conversations between my friend and her husband that they sent to each other befir his marrriage.. she booked her husband and his family under 498..

Although my friend stopped all the contacts with her friend after his marriage, his wife falsely mentiond my friends name in the FIR stating that my friend and her husband have a iilegal affair... This is not true since is friend is staying in new delhi and those people are staying in chennai...

So help my friend... her name is mentioned in the FIR but not in accused list... so whats her situation regarding.. is she safe.. please suggest her waht precautions have to be taken by her to come out of this worst situation which is created by her friends wife... why should my friend suffer for no mistake of hers... please guide...

Rajan   08 April 2013 at 21:21

First appeal

Dear Sirs,

Judgement of dismissal of petition pronounced on 06.04.2013 (saturday)

applied for copies of jugement and decree to prefer appeal on 08.04.2013 (monday)

was informed that judgement and decree shall be ready only by 22.04.2013

High court vacation starts from 1.5.2013

sir kindly advice if my calcaultion is correct for first appeal.

22.04.2013 + 30 days = 22.05.2013

since 22.05.2013 is official court holidays, can I file my first appeal on the first day of the reopening of the court on 03.06.2013

OR

should i file the first appeal during the vacation in vacation court before 22.05.2013 prior to completion of 30 days period

Is it mandtory that the first appeal should have the judgement and the decree enclosed