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

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Nancy   15 September 2012 at 21:15

Ex-parte divorce

Dear Experts

My friends husband left her in Jan 2011 after filing divorce in Nov 2010 and a lot of attempts were made by her parents to reconcile ,but boys family was not ready to listen .In Nov 2011 ,boy was granted ex-parte divorce as girls side didnt protest nor appeared in any court proceedings.

Now this ex-parte divorce decree which has been granted to boy is valid for girl also.
Can we get her married again now -does the ex-parte decree entitle her to marry again .
I mean will she be treated as divorced.

rohan sharma   15 September 2012 at 18:03

Divorce

Dear Expert.
I was married 2 years beofore. I was affectionate to my wife . After 2 years she returned back to her parents home for delivery. After delivery she refused to return back. I make her understand but she didt listen. So i filed section 9, but she get transferred the case in their city. Now case has been transferred around 9 months before but till i have not recived any notice. Immediately after sction 9 , she filed 125. In mediation of section 125, she agreed to return back on certain conditions which were only her desires, which were not acceptable to me. But as i was loving and caring to my wife, so i agreed her conditons which were in printed format. We both signed that. And section 125 was withdrawn by my wife. Then she start living with me, Again after 6 months, just one month before, she returned back at her parents home, as she dont wanted to spend her life with me in small city. When she going back, I informed to police and police take her statements as she is going at her own will, as he dont fullfilled the conditions which were mutually decided in mediation of section 125. After going to her parents home she again filed 125. Now i have been so much fed up with my wife, that now i too dont want to live with my wife. when can i file for divorce ? what should i do at this stage. I am totally confused, Please guide me. Looking for your valuable advice.

Rohan

harminder singh   15 September 2012 at 12:50

Rights in property for adopted child

I was adopted by my Aunt(My Biological Mother's sister) through legal papers in the prsence of My Uncle (My biological Mother's brother).I am the only son of my parents who adopted me. Everything was good till my marriage. After marriage there was a clash between my parents(who adopt me) and my wife.Now they want me to let my self out of the house with my wife and my 3 years old son and 20 days old new born son. And they do not want to give me any kind of assurance whether i have some property reserved for my future or not. Now i am only a computer operator without graduation, and my monthly income is 8000/-only. My wife is not doing job. I have two children to with survive. I personally want, to be with my parents and with my wife but now my father (who adopts me)6 months ago hit on the face of my wife and situation got worse. My wife dont want to leave the house untill they give some property to me on my name. I am badly jacked in the situation. You are requested to please let me know if there is any legal way to sort thing out so that my future will be secured

sweta salunke   15 September 2012 at 12:20

Adultery case

my husband file adultery .he has lots of proof against me .how to defense him.

Puneet Bhardwaj   15 September 2012 at 11:51

My divorce case

Sir today my lawyer is applyng for AB.IO has told me he will not file complaint against my parents. He will move the file next month to court. My lawyer is saying AB will be thru by Tue, wed.

In the meantime my wife's chcha has called my fathr to meet separately alone.Should my father go to meet?

Our next dt is 5th Dec for DV. If my father goes alone who 62 yrs old, he chacha is goon type. what precautions we should take.

Thanks in advance and waiting for prompt reply.

Regards.
Puneet

rajiv_lodha   15 September 2012 at 09:12

Perjury and cross examination

If somebody lies under oath, he can be prosecuted for perjury. But what about lies told & recorded in cross examination?
If a person records fact A in cross examination and you have documentary proof contradicting this fact A, can u put sec 34o on that person?
What is the best way out.
1) Producing this documentary proof as soon as he records fact A during cross
2) Bring this up in arguments to disprove his evidence/statement
3) Applying for sec340 on next possible date?

HAMIDA   14 September 2012 at 21:17

Divorce and maintenance

my sister was in 2 years living relationship and 4 month old court marriage.
but now she wants to file for divorce.
she is working and husband is not employed from last 2.5 year and he black mailing for money to give divorce to her..
how can she get divorce?
is he able to ask for maintenance from wife will court allow this?

waiting for reply
thanks

a k pandey   14 September 2012 at 19:28

Divorce

Husband has applied under Sec.9 HMA. Ex-partee decree has passed in his favour with decision to wife to make restitution within one month from the date of order. Decree was not obeyed by wife and after 2 months from date of decree husband applied for divorce on the grounds of cruelty and desertion. After receiving notice of divorce wife filled charges under 498A IPC, 3/4 DPA against husabnd and his parents after 9 months from leaving the matrimonial home. Later after 1-1/2 years from date of decree of sec.9 husband through application under order 6 rule 17 CPC made amendment in original application for divorce under Sec.13(1A)(ii) HMA also.
Issue was framed 1. Whether wife has done cruelty to husband? 2. Whether wife has not obeyed sec.9 order for restitution for 1 year or more period?
Later after 9 months from date of issue framed before commencement of trial wife objected for original application being premature under provisions of Sec.13(1a)(ii) and 13(1)(1b). And original application was rejected by court ordering application to be premature under provisions of Sec.13(1a)(ii).
Can husband file fresh application under provisions of Sec.13(1a)(ii)HMA in same family court, will it atract provisions of res-judiccata or go to H.C. for review where trial court judgement may be reversed and he has to further go for divorce in same family court?


Fabian Brassett   14 September 2012 at 14:47

How to protect my innocent family from 498a

Dear Respected representatives of the Indian LAW ,

i am Fabian a brother of a 498a victim staying in visakhapatnam he married settled with his wife in hyderabad for 10 years happily WE HAD NO INTERFERENCE WITH THEM AT ALL, then he ran away with a girl who knew he was a married man even her parents knew that he was married ... so my sister in law put a 498A case on my mom sister and myself which is still running i cannot get a job outside of vizag because every month sometimes every 15 days we are pulled to the court in this course of time my sister in law and brother where meeting each other going out together discussing their matters sometime we came to know that they where meeting for fun too in friend place lodges hotels while my sister was suffering with her husband because of being involved in the case having three children to take care off, my mother 65 years old who lost her husband, having high sugar, having me only as a support to take care of her and my self when i went into remand for three days in central jail i was asked by HSBC VIZAG to settle my case and come back to work so i am giving spoken English classes at home the case is running from 2005 till date i am not able to get married or look for a job any way out of vizag ...now the latest we came to know that my brother and the girl he ran away had a fight and her father put another 498a case on my mother sister and my self EVEN THOUGH WE HAD NO CONTACTS WITH THEM AT ALL ....think what a situation we are in now Please advise some help before we END our selves then to go again to jail, court again another 4to5 years running from vizag to hyderabad for the hearings .....there is no words to find to express what we are going through we are not rich to PAY the police or lawyers we spent all that my father left in the first case now we have nothing no Hope no life no reason to live and all this is not are fault the FIR IS ALWAYS LIES AND NOTHING BUT LIES WHEN IT COMES TO INVOLVING THE FAMILY MEMBERS ..........Please Please help me i just want to take care of my mom and see my sister is happy with her family again. 498A CASE helps to take out revenge on husbands for may be a fight or a argument, disagreement of husband and wife on an issue, or a misunderstanding between both of them ..due to this innocent people commit suicide who cannot bare the torture like myself .............Please help i have no strength to even type thanks to the law the police of India WHO USE THIS CASE TO FILL POCKETS, BOTH SIDES OF THE FAMILY ARE READY TO GIVE MONEY TO THE COME OT OF SOMETHING THEIR ARE NOT IN FAULT OR AWARE OF ...........NICE BUSINESS HOPE GOD WILL PUNISH EVERY ONE WHO IS INVOLVED IN THIS BUSINESS OF MAKING MONEY AND BREAKING UP FAMILIES HARASSING FORCING PEOPLE TO KILL THEM SELVES BECAUSE OF TORTURE AND INVOLVING INNOCENT CHILDREN AND YOUNG GIRLS AND BOYS WHO ARE WORKING AND STUDYING SPOILING YOUNG PEOPLE LIVES WHAT A GREAT LAW WE HAVE 498A ............ PLEASE HELP ........SORRY IF I USED HARD WORDS PLEASE FORGIVE ME

Regards
Fabian
ph 7842675747

Naresh   14 September 2012 at 10:10

Is it possible to continue interim maintenance awarded @ family court is continued at highcourt?

Dear experts,

I'm for the husband.

(a)Maintenance u/s 18 HAMA is filed by wife along with interim maintenance prayer at family court, which the family court granted interim maintenance to wife until the disposal of the main petition at family court, which husband had been paying regularly.

(b) The main petition filed by wife is dismissed by the H'ble family court on the grounds of desertion by wife, so this also
stopped payment of interim maintenance.

(c) Now, wife appealed in the high court, also praying for the continuation of the interim maintenane till the disposal of the case at high court, which the husband had been paying earlier at family court.

My question is:

(1) Under the above circumstances, is there a chance that the high court ask the husband to continue to pay interim maintenance to wife, though the main case is dismissed at the lower case?

(2)As I understand interim maintenance filed at the family court is an interim arrangement to pay wife until the disposal of the main maintenance case, which the lower court dismissed on merits. In these circumstances, is it allowed at high court to ask the same relief of continuation of interim maintenance until disposal at high court?

(3) Please help me how to go about this case?

Regards