Shantanu Wavhal
08 October 2012 at 20:53
I had filed private complaint at hon. JMFC court.
Taking cognizance of the offense, Process is Issued. Process fees is also paid by me.
hon. JMFC issued summons for my VOID wife & 6 other accused (her relatives) p/u/s 494 r/w 109 & 417 r/w 34.
Upon enquiry in the office of the court, I came to know that the summons are already sent by post on 24/09/2012.
Next Date = 22/10/2012.
Queries :
1) Is this summons sent directly to the postal address of the accused ?
OR
Is this summons sent to the police station / court of their jurisdiction & police / nazar will serve the summons to the accused ?
I am sure that the accused will try to avoid accepting the summons & delay the proceedings.
2) What remedy do i have if the summons are un - served till next date (22/10/2012) ?
3) Is there any way by which I can check the Service Report of the Summons ?
4) What can be done to expedite the process of serving the summons ?
(eg. in sec. 11 case, i had filed application to send the summons by RPAD so as to achieve rapid delivery of summons.)
5) What are the next stages after the summons are served ?
PS :
Sec. 11 also filed by me in hon. CJSD court in Dec. 2011.
Hon. HC has ordered to expedite the case and dispose off the case within next 6 months.
Issues are framed in sec. 11 case on last date.
I am told that - I am supposed to file my evidence affidavit on next date. But I want to suggest 1 additional issue.
6) So, is it OK if on next date, I file my evidence affidavit along with an application requesting the court to add the additional issue ?
I am also told that - I am NOT supposed to file list of witnesses.
7) Is this version correct ?
I have no words to say Thanx to LCI family.
S P Goel
07 October 2012 at 19:33
Respected sir,
My wife is living separately from last 2 years and in future also , she will live separate. I am 57 and not earning, she is also not earning living with her sons.
I have filed a petition for divorce, sir, I wish to know your expert advice and guidance, what I am going to loose and what I will gain in monetary and non-monetary terms.
Please reply and oblige, sir
Thanks and best regards
S P Goel, Delhi
9810101999
spgoel118@yahoo.com
JAI GANESH
07 October 2012 at 17:23
Sohan lal was head of the hindu joint family consisting of his wife Gayatri devi, two sons mohan lal (married ) , sham lal (unmarried )and unmarried daughter kavita .
sohan lal was running joint family business with his sons at nabha (Punjab) by diverting a major portion of the income ,yielded from 200 acres of ancestral land ,into the business of the family .all members of the joint family were living in an ancestral house.
Mohan lal had 3 sons;namely, sant ram , Ram lal and bant lal and one daughter geeta devi .
Sohan lal and his wife died in the year 1985 and 1986 respectively. After the death of his father ,Mohan lal became the head of the family. On becoming the head of the family he undertook a large scale diversification of business which was shifted to Patiala . and in order to augment the joint family business, mohan lal sold 10 acres of ancestral land for rupees 10 crores to the Punjab and sind bank ,Patiala.he also made a gift of rs. 10 lacs in favour of his un -married daughter geeta devi.
Bant lal the youngest son of mohan lal was sent to England for his higher education at the expenses of the family. After doing Bar-at law , he returned to india and established a flourishing practice as an advocate .although he was staying in the joint family ,he kept his earnings for himself, which was not liked by his two elder brothers and his sister.
Frustrated and depressed by the behavior of his own sons, mohan lal died of heart attack in 2006.
Realizing the reactionary behavior of her brothers, geeta devi daughter of mohan lal filed a suit in the year 2007 for declaration of ownership as coparcener and co-sharer in the joint family property wheren she also made a prayer for joint possession of the property in the dispute that included agricultural land , business assets/ goodwill and ancestral house. She also prayed that income of bat lal advocate be included in the joint property of the family .the alienation made by mohan lal in favour of punjab and sind nank, Patiala was also challenged.
In this suit she impleaded all her 3 brothers, Punjab and sind bank,Patiala and her uncle sham lal as defendants. in order to establish her claim, geeta devi invoked section 6 of the Hindu succession Act,1956. The defendents pleaded that (i)the alienation in favour of Punjab and sind bank ,Patiala was for legal necessity and benefits of estate and, therefore,valid:
(ii)the amendment made by the Hindu succession (Amendment) Act,2005 was prospective and the alienation under challenge being prior to the amendment was not affected by the change in law and
(iii) the Hindu succession (amendment ) Act ,2005 being wholly against the concept of coparcenary and joint Hindu family property in law is illegal ,non -est and ultra-vires.
I'm a defendants counsel and Now i need points and ur opinions to defend geeta's pleading and how to invalidate or defend the sec 6 of Hindu succession amendment act 2005???
Arvind Singh Chauhan
06 October 2012 at 21:40
Sir please give your valuable guidance- on-
http://www.lawyersclubindia.com/experts/125-128-cr-p-c--343411.asp#.UHBXU1IpO_s
vikas manish kumar verma
06 October 2012 at 20:28
my wife was not live with me from 1 Years and my wife asked to me for 1 lacs rs other wise she filed a case againest me. now she filed a 498a case againest me and my mother in borivali court on 27.07.2012 now i am release on a bail i dont know what can i do in this matter. please advise me. and second side she also filed a case in thane faimily court for elemany many which is rs 120000. i am very harresed from my wife side can i give a divorce to my wife.
abcxyz1234
06 October 2012 at 16:05
my husband got married without getting divorce but i dont have proof about it thr is 498a case is still pending case is filed in 2006. muze kabhi nyay milega hi nahi kya usne meri puri zindagi kharab ki muze life mai koi khshi nahi mili 6 sal se 498a case ke liye sirf chakar kate court ke usko saja mile uske kiye ki isliye itani mehenat ki paise us case main kharch karti rahi aur woh har jagaha paisa deke apana kam nikalta raha hai...police ...court peon se clerk se lekar judge tak sab set karta hai kya akhir mai uska paisa hi jitega kya main lagta hai sab har chuki hun himat bhi khatam ho rahi hai kya isi liye bolte hai apne yaha ladies ki side se kanoon hai
kya usko uske kiye ki kabhi saja nahi milegi shaadi karke kabhi bhi court nahi ata judge kabhi usko hajir hone nahi bolta main judge ko puchu to muze court ke bahar nikal deta hai...
Member (Account Deleted)
06 October 2012 at 14:55
Dear Experts
Mens always punished by heavy money to pay as maintenance to spouse and child or sent to Jail.
1)How the womens punished in same case they found quilty or left the husband without any strong reason or small disputes?
2)When they wrong alligate on husband and family and fail to prove?
Prakash
05 October 2012 at 23:01
Ld Counsels,
Husbands files a document which is the affidavit of wife to prove by admission that certain enquiries made for which representations were made by wife prior to marriage.
This affidavit is marked as exhibit.
In the cross examination if husband states that there is no document to prove the allegation that the particular representation was made would it amount to contradiction or nullify the effect of the document marked (affidavit) for proving the said representation.
Does waiver apply to appreciation of evidence.
Thanks.
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Marriage
sir is it important that after doing court marriage if a boy is muslim n girl is hindu .. then acording to muslim law "nikaah" must be complusory otherwise court marriage would not be taken into consideration by muslim law ??? nd nikaah is performed only when girl gets converted into muslim... does court marrige is nt an enough evidence for marrige or muslim law is difrent frm govrnmnt law which needs nikaah to b performed??