Prakash
01 July 2012 at 23:59
Ld Counsels,
Wife admitted in her 161 statement that she has taken away all her articles, falsely claiming before the family court that they are still with husband, now since the IO has confirmed in her evidence that she recorded the 161 statement can these two together be used before family court. Is it mandatory to get the IO testified family court as well.
In order to prove admissions made by wife in her 161 statement recorded by IO in the criminal proceedings initiated by her, can the 161 statement along with the deposition of IO be used before the family court.
As per apex court, 161 statement are not admissible in evidence only in the trial and inquiry of the offense for which it was
recorded, the same can be used in any other proceedings (civil / criminal).
Thanks in advance.
Member (Account Deleted)
01 July 2012 at 16:54
HEllo Admin,
I want to delete this post. I cant see an option to delete.
Regards,
Harshala
01 July 2012 at 11:34
My friend’s father has died recently; in his will he has nominated his only one son as his legal heir for his flat located at Kurla. However he has put the condition that my friend cannot sell, transfer or rent out the said property before marriage. Besides that if anything happens to my friend this property will get automatically transfer to my friends three aunts who are unmarried and was living with his father in that flat. My friend’s aunts also own one more flat in Vashi which was received by them from their parents and they are living their permanently, however after the death of his father they take the possession of the Kurla flat illegally. Further my friend also has a court decree which was passed at the time of separation of his parents wherein the Hon'ble court has directed that after the death of his father the said flat will get transfer to my friend's name. My friend has approached the society of that residential flat for getting share certificate on his name. They advised to submit the death certificate, identity proof and residential proof for such transfer. as per their direction he has submitted the requisite documents however the society delaying the matter for a unreasonable reason that the members is not available for conducting AGM and it will take 2 or more month to conduct such AGM for passing a resolution of transmission of flat. So under such conditions, will my friend get absolute ownership of that flat only by getting share certificate from the society? Or else he also need to obtained probate from court. Furthermore as my friend’s aunts are in possession of that flat what steps he has to take to vacate the flat who acquired it illegally.
swetha susan
01 July 2012 at 07:30
is it possible for my husband to get divorce without my knowledge? i heard it is possible to get divorce with exparte orders without my knowledge... now my question is how to avoid such situation? what are necessary steps to be taken to avoid exparte divorce? please advice
Law Querier
30 June 2012 at 23:52
According to judgement of Supreme Court of India in the case of
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451
Bench: Sawant, P.B., Foreign Divorce Judgment is not valid in India.
But, according to judgement of Supreme Court of India in the case of Pashaura Singh vs State Of Punjab & Anr on 13 November, 2009 Bench: Tarun Chatterjee, R.M. Lodha, remarrying after foreign divorce is not bigamy.
But, according to Section 494 of IPC, Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
I want to know from my expert that isn’t it error in the judgment given by Bench: Tarun Chatterjee, R.M. Lodha?
Mukul Anand
30 June 2012 at 23:46
we got married in arua samaj mandir. they took affidavit from both of us. i want to know the value of affidavit before court coz her parents took her away.
suman
30 June 2012 at 19:48
Dear Sir, I filed dowry and maintenance case against my in laws. they disowned my husband from property.They are ready to give divorce on around 20 lac rupees.They want son back but I want to send him to hostel as husband is drug addict and lecturer also but they never raise topic of securing my son's property share share.What I want is my sons property share documents in his favour which should be irrevocable as my bro in laws are greedy plus my son in hostel for some years till he become independent.And his custody with me , later they can take my son.My main motto is divorce and son's safety +his secured property. Kindly advise me how can i get this.If any solution there.If any pressure I can put on them for this and stop my life from spoiling due to drug addict.
Anonymous
30 June 2012 at 15:07
The RCR filed by my wife was dismissed yesterday as she doesn't want to join me even after 1.3 years of separation. I am even now ready to take her back but if she is not ready to come then she should relieve me.
Will there be a monetary or any other sort of risk for me to file a divorce petition now immediately?
What should be strategically mentioned in the Prayer of the above said Divorce petition to play the game safely without any costs?
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Marriage in us and it's jurisdiction in india
Hi,
I have a query regarding marriage in US and it's jurisdiction in India.
(1) Can an Indian man in US on L-1 or H-1B Visa get married to an Indian woman on tourist Visa?
(2) Can they marry if one or both of them have spouses in India and divorce proceedings are going on India?
(3) If they do marry in US, can the woman (now wife) live on a dependent visa (instead of tourist visa)?
(4) If the couple after few years shift back to India, what are the consequences? Is the marriage recognized in India?
(5) Assuming the divorce has been granted with the previous spouse(s), the new couple can remarry and get their marriage registered right? If they have to get the marriage registered, will this have to be done under HMA only or it can be done under any act?
(6) If the divorce has been granted and the new couple do not get their marriage registered but live together as husband and wife, what are the consequences? Will they be recognized as married and if yes, then under which act?
(7) If the divorce trial (with previous spouse) is still on-going, what's the right course of action? Will they have live as live-in partners till the divorce issue is settled? What are the rights of the woman in this scenario?
(8) In general, how are the marriage laws in US? Are they unbiased? Do they have equivalents of our unjust and crazy DVA, 498A, 125CrPC etc? Any pointers to learn more about the US marriage laws?
Thanks