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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Prakash   19 October 2012 at 19:31

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Ld Counsels,

Wife filed OP for annulment of marriage. Husband too filed OP for annulment of marriage on different grounds.

Wife in her OP filed a document listing jewels given by husband stating that except for one all other jewels given by husband are with him only.
Husband cross examined wife in both the OP however questions related to jewels were asked in the OP filed by wife. Husband made a prayer for direction to wife to return jewels given to wife in his OP for annulment of marriage. If there is no specific question asked in the corss ex of wife related to jewels in the OP filed by husband will it disentitle him for his jewels inspite of his previous cross examination her in her OP and also her document admitting the jewels filed by wife.

Wife cannot claim stridhan right as she is also denying the factum of marriage in her OP.

Thanks in advance.

Niny   19 October 2012 at 17:41

Amendment in domestic voilence

Application under DV act was filled for only RESIDENCE, This application was not in format required under DV act,

After about 2 yrs of filling of this case an application for amendment is made,
amendment includes MAINTENANCE & RESIDENCE.

1.>Can amendment in DV case be allowed?

2.>Can it be permitted after such a long time that too when delay is caused by applicant herself?

3.>In case amendment is allowed maintenance is to be paid from the date of filling of the case or from the date of amendment or date of order?

Tanmay   19 October 2012 at 10:00

Is a working wife eligible for maintenance under dv

Hello all,

My wife has filed both DV and 498a cases on me and my family.

DV hearing will commence. I want to know the chances of her getting maintenance because she is working and earning more than me. There is no child either.

So I want to understand if the judge can grant maintenance under those circumstances too. Wife has hidden the information in DV that she is working and prayed for relief of maintenance. I was told by that some maintenance will be granted by the judge. So I want to know how I can make sure that she is not entitled for maintenance so that judge denies her the maintenance. Please advise.

Thanks in advance for your help. Please provide links to judgements which can be useful. I have seen some judgements on the internet, but not sure which is the most useful one in which I can make sure that maintenance is not granted to my wife.

THanks in advance.

REgards,
Tanmay

arvind mahajan   18 October 2012 at 19:44

Weightage of recorded phone call

Please advice whether admission of certain things on a recorded phone call be made ground of evidence in family matters?
The wife during her conversation accused husband of some charges, which he repeatedly said o.k. I apologise for the inconvenience just to pacify her. Whether it amounts to admission?

NILESH KARVAT   18 October 2012 at 15:49

Huf

i like to know the rights in the property as only son in case of death of karta of HUF when other coparcener being his wife (TWO PERSON IN huf- hUSBAND & WIFE)

What is in the name   18 October 2012 at 14:04

Re: re-marriage after divorce

Dear Experts,
I keep hearing that for remarrying after Divorce decree is obtained, you must wait for a certain period (some say 30 days and some say 90 days) referred as appealing period.

My query is - I presume there is a law that says that even after you have attained a Divorce decree (meaning the marriage is dissolved), you cannot re-marry until the referred appealing period. Could someone please help with the specific law details description that states so?
I felt it is contradictory to the passing of the order and issuance of Divorce decree, hence would like to validate with the experts.

Thank you in advance.

mohammad asif khan   18 October 2012 at 13:45

Divorce - talaaq e bayen

DEAR EXPERTS,

I HAVE BEEN GIVEN IN MARRIAGE TO SUNNI-MUSLIM GIRL ON 09-12-2009, DUE TO SOME UNAVOIDABLE REASONS ON 01-10-2012, I HAVE PROUNOUNED TALAQ E BAYEN TO HER IN PRESENSENCE OF TWO WITNESS BY MAKING AFFIDAVIT SAME IS ATTESED BY A HINDU ADVOCATE( NOTARIZED ), I HAVE BEEN LIVING SEPARATELY WITH MY WIFE FROM LAST 29-12-2009 IN DUBAI, U.A.E.

Q. ON 17-10-2012 ( AFTER DIVORCE ) MY EX-WIFE IS CALLING ME ON MY DUBAI MOB. NUMBER BUT I DIDN'T RECEIVE HER CALL. SAME DAY SHE SENT ME A SMS " PLS EK BAAR BAAT KARO NA. TUM SMJHE TO HOGAYA MERE KO CHODNA. MAI TUMHARE KO NAHI CHODTI. MAI BUS TUMHARA INTEZAR KRTI RAHUNGI UMAR BHAR TAK. TUM KAB MERE KO MAAF KATE. MERE GALTYUN KI TINI BADI SAZA MAT DO. PLS EK BAAR BAAT KARKE GALAT FAHMI KO DOOR KALE. PLS "

KINDLY SUGGEST ME WHAT IT MEANS..... AFTER DIVORCE HOW CAN SHE RE-UNITE WITH ME... PLEASE GIVE ME REPLY IN ACCORDANCE WITH SHARIAH LAW AND AS WELL AS INDIAN LAW.

aditya singh chauhan   18 October 2012 at 12:58

Birth certificate

Sir/Madam
Iam student by profession and need passport for studing abroad.
my birth place is a village in unnao dist in U.P.
and my name is rajisterd in family rajister too.
but birth certificate was not made at time of birth , which is medatory for passport.

so sir, how can i get the birth certificate.

Regards.

raju   18 October 2012 at 12:39

Religious problem

MY WIFE PUT MY CHILD TO SOME SADHU FOR RELIGIOUS STUDY
NOW HE WAS STAYING THERE FOR 3 MONTHS
NOW HE IS NOT COMMING BACK
I FEEL HE WAS mesmerising MY SON
ONE DAY I GOT ANGRY AND PICKED MY SON TO HOME
AFTER 3 DAYS EARLY MORNING HE RUN AWAY WITHOUT KNOWING US THEN I WENT TO ASHRAM TO PICK HIM
HE TOLD I WILL NOT COME I WANT SANYAS
SADHUS R ALSO NOT LISTENING TO ME
NOW WHAT CAN I DO?

NAV   18 October 2012 at 12:19

What is the next step after obtained sec 9 decree ex-party

Dear All,

Required your valuable suggestion please.
i obtained sec 9 decree ex-party when my wife has not appeared in court,
“WHAT WILL MY NEXT STEP”
498 charge sheet is already filed.
Please reply