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

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Puneet Bhardwaj   04 September 2012 at 12:16

Divorce case

I got married in April 2010. we had disturbed life immediated after we returned from honeymoon. My wife had told me she goes for meditation once in a month for two hours to which I had no problem. After two months of my marriage she started going to her guru from morn.0800 Hrs to 2130 Hrs. Hr mother used to pick her up on every Sat & Sunday inspite of my stopping her. Both of them declared that I should have my own friendly circle for week ends and National Holidays as she would be with guru and Her Guru was her first priority, 2nd her parents and 3rd husband and my parents had no place in her life..She started threatening for divorce and at times suicide. She had hidden from; me that she was suffering from PCOD, Depresssion and Fissures problems. She destered me 3-4 times for a period of 15-20 days each. Her father used to tell my father "Keep them away this will create ignition between them.

Then Last when she deserted me .For three months I tried through my relatives, friends but she did not come back. Her parents also did not respond.Inbetween she went abroad for one month and did not provide me her Flight detail, Hotel details. Coming back details.

Finally my lawyer filed Judicial separation thinking that they would run to come back to matrmonial home. But she filed maintenance case. The case went to mediation in the first hearing and mediation failed as I refused to stay with her.


We provided detailed case of her income, my income, expenses, investments. The court ordered to product financial details of both of us with income tax returns.- which is in process.
She is earning 6.5 lacs p.m and now claims she has left the job about a month back.

They have put case in CAW Cell, with inflated list. We have returned admitted list items (Genuine) Her digital locker was opened in presence of police. The case is going on.

The have filed DV case after one year of separation.

During the first date my lawyer told me that she would handle the case and we do not need to attend. However her assistant could not manage passover and she reached court late by an hour. The judge told that during the next hearing exparte decision would be taken. However she convinced the judge showed her airticket etc. and the next date was taken as 4th Sept. Today we went to MM court and judge was on leave. Reader had our date of today.Steno had date of next hearing sometime in End Dec.

My wife father was present whereas the attendance was shown both my FIL and my wife. My Lawyer's attendance was not shown
her assistant's attendence was not shown during the first hearing. My lawyer is saying she will manage.

I am confused , Can u guide me . Do I need to change my lawyer. My wife has demanded maintenance and compensation here also.

Naresh   04 September 2012 at 11:15

Cause of action in the petition & the counter


Dear Experts,

I have the following situation
--------------------------------------
Wife's version:
--------------
Wife filed a maintenance case u/s 18 HAMA in family court in the body of the petition she stated that "lived together after mediations from the elders and finally separated on 10.11.2001"


But in the cause of action, she stated that "husband necked her out on 10.11.2001", without explaining any circumstances leading to this action of necking her out.

Husband's version:
------------------
In the counter of the above maintenance petition, husband initially started the words with "deny each and every allegation in the above petition except those that are specifically admitted hereunder". Again, below for every point he denied her allegations and stated his own versions, except the cause of action point.




My questions are:-
----------------

(1)Whether this will go against the husband that is to say whether the court might construe that since the husband has not explicitly denied, so will they think that he had necked her out?

(2)Though, he hadn't explicitly denied the cause of action, at some other point he stated that "wife left his company voluntarily without his knowledge and consent". Isn't it sufficient to say that she was not necked out, but left his company voluntarily?

Regards

Anonymous   04 September 2012 at 07:27

matrimonial

A & B are husband & wife. A is having affair with C who is married with X. Out of A & C's relationship D is born to which name of X is shown as father on record. A has filed divorce petition against B on the ground of cruelty. C, D, X are not parties in said divorce proceeding. Matter is still subjudice. How B can prove adultery of A with C ? How DNA test can be asked about paternity of D ? (all are doctors).

hello good day   03 September 2012 at 22:47

Guidance

sir/ms.,

good day !!!

like to know are there any provision in law/regulation under which in-law can file a suit against parent of their dauighter-in-law for not allowing her to go to her marital home ?.

if there is such provision, then in that case, suppose in-law take recourse through it to bring her back and in process if she declines to come back then what is the counter action in-law has to face ?

regards.

gautam.

samarth verma   03 September 2012 at 18:15

Plz help..

hello friends, I am Samarth and i love a girl and want to get married to her but neither my parents are ready for this and nor her. Both are against it.

So we both decided that we will left home and move to some other place far from our cities and get married there from Arya Samaj and get it registered with ragistrar.

Now our problem is that we dont want to get back to our parents. So i am taking precautions and not telling to anyone where i am moving.

So i want to know that can our parents file a case against us and get access to our call records. Can they listen to our talks which were already held. What are the means through which they can trace us.

Moreover can someone get access to our facebook accounts through a court order. And if delete our all our message and chat records, can they still access to our messages ?

One more thing we are both above 18 yrs old.

Thanx in Advance

Samarth

xxx   03 September 2012 at 15:09

29th september 2012 - family court has holiday

My son's access is scheduled in Bandra Family court on working Saturday. This time, on 5th Saturday that is 29th September 2012, there is is Anant Chaturdashi (Big Ganapati's emersion). I just wanted to know whether Family Court has holiday on 29th September 2012 for the occassion of Anant Chaturdarshi.

Member (Account Deleted)   03 September 2012 at 09:07

498a/false withness

Sir, I am a victim of false 498a/406/34 case.My wife has filed but she
reside in his parents house fo last one year.As withness her two
elder sister has signed.

1)Distance between me(my house) and my wife house is about 25 km
2)1st withness resides 20 km from my house and 8km from my wife's
parents house
3)2st withness resides 17 km from my house and 20 km from my wife's
parents house

I have enough probe that my wife is out of our house from last one year
(paper documents)

I do not know are they eligible for withness or not , is there
any probition in law to take step against false withness ?
Can i chase them how they have seen me to torture
my wife ?
Can i take step while 498a case running ?

saurabh rane   03 September 2012 at 00:59

Muslim law inheritence

Answer wid section also so dat I can look into d book..

Query 1:
A muslim man dies leaving no son but has two daughters n a wife. How will d property be shared between dem.

Query 2:
An unmarried muslim women has 3 brothers out of which one died leaving behind a wife.she also has 2 sisters out of which one died. The died sister left behind 2 sons n a daughter.out of dat one son hAs 2sons n one daughter wid wife...the daughter of the died sister has one son and one daughter. Wht will the share of property each one would get

Ankarsh Rattan   02 September 2012 at 23:11

Live in relation without divorce

Is the live-in relationship can be maintained as leal relation without taking divorce from first wife? First wife is not ready to live and nor gave divorce ?

raghavendra   02 September 2012 at 20:43

Dissolution of marriage

sir,
i want to marry the girl who is already married ,but since last 6 years her husband is not known that where he is ,,now i want to marry that lady ,,what procedure i have to follow now ,

thanks in advance