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rsraghukumar   27 March 2012 at 09:23

Burden of proof

sir to prove the first marrige is filed the follwing evidences:
1) 32 photos along with negatives of
first marriage
2) first husband called as witness (PW-2)
3) first husband's mother as witness.
4) legal notice issued to first huband by the girl.
5) legal notice issued by the first husband to the girl.
6) injunction order granted by Hon'ble court to stop first marriage.
7) some of the doucuments obtained under rti act(complaints given by the girl against first husband in Police Station)etc.(marked under subject to objection)

when 32 photos were marked there was no subjection. but in the cross examination the girl's counsel just asked a question like these photos are created. he never raised the questions like who is photographer, what is the adress, or never raised the question that call him as witness etc. but simply in written submissions, the girls counsel pointed that photographer was not examined as witness. the girl has not filed chief affidavit and not entered into witness box to prove her case. when this is the case can she file objection in written objections simply tht photographer was not examined. even she pointed in that written objection that priest was not examined. sir on whom the burden of proof lies. when she has not rebutted or contradicted the evidences which i filed by not entering into witness box can she say petitioner failed to prove the case by not calling the witness like priest and photographer. on whom the burden of proof lies. is it her duty to call either photographer or priest by sending witness summons when she is denying the marriage.

here the lower court failed to take congnizance of the documents which i obtained under rti act. why lower court has commited mistake by not taking those documents when her self not entered into witness box. she would have called the police conerned to prove those doucments na sir.

rajiv_lodha   26 March 2012 at 23:19

Judge at fault

In my case, I applied for Divorce on cruelty grounds, girl submitted sec 24 on 1st hearing, we filed reply to sec 24 in next hearing. Judge started mediation himself for following 3-4 months. Then sent the case to Mediation Cell. After 3-4 more months, failure report came back from Mediation Cell. Judge mistakenly proceeded in a wrong way with the case. He “framed the issues” in last hearing & put a long hearing date after 6 months, which happened to be on 17/3/2012, judge transferred meanwhile & the new one was on leave that day. Now where has gone:
1) Respondents reply to my petition
2) My rejoinder
3) Sec 24 arguments/verdict?
Its all confusion as the previous judge erred when he framed the issues without digging the case file.
How to proceed further so that I may put at least my REJOINDER

suresh   26 March 2012 at 22:47

Regarding divorce

Hello Dear All


I am in a very problematic situation and need some expert advice. Please be sincere and try to help with some good genuine advice.

After marriage, my wife stayed 5 year with me/my family and then she went to her parents home after fight with me. While she was staying there, there were lot of falim iy clashes happeneds and our relation went to complete extreme.. Though my wife is good, she doesnt think of herself and only listen to her parents... It's almost 2 year she is staying and there is nothing seems to be happening. So finally I am thinking to give Divorce.

and after that i file a case againest her in section 9. after one hearing the magistrate ordered that file a petation for divorce on next hearing.. and against my case of section 9 she file case against me u/s 125. so please tell me what can happend in this case..


a k pandey   26 March 2012 at 20:34

21b hma

application for speedy trial under 21B for case of divorce has been rejected by trial court.
If writ petition filled under article 227 r/w 21B HMA in High Court, whether proceeding in trial court will be held till matter decided by H.C.?

Meghna Panchal   26 March 2012 at 18:59

Violence against the men.

Dear Experts,

Please give me the name of the organizations who is working for violence against men.

Please its urgent.

rsraghukumar   26 March 2012 at 18:21

Citation

sir please provide a citation regarding to Unchallenged Chief Affidavit. i mean when any person not entered into witness box by filing chief affidavit, court will not consider that chief affidavit na sir. that type of citation relating to hc or sc i require. its humble request.

DINESH TALLIWAL   26 March 2012 at 17:51

Divorce

22 years married - no child - left one month back with all her and mine belongings - does not reply to my phone calls. so I SMS her to give my documents. Jewels purchased in her name and bogus names - can I GET BACK MY JEWELS?
Fight started with selling of a property I had purchased with my money and investing the proceed of the sale in tax free bonds.
the bonds were purchased in joint name with myself as second holder. CAN I STOP PAYMENT OF INTEREST TO HER ACCOUNT FOR THE TAX FREE BONDS? At the time of maturity of bonds i.e. 3 years later can I deny giving here signature on the bond certificate for payment.
She is now threatening me for harassment and she will make a police complaint.
I have all the SMS suggesting that she is harrassing me by taking all my belongings,

Member (Account Deleted)   26 March 2012 at 17:14

Advice

Sir
I shashidara wanted to make proof that my wife is working at private firm.
I had send a letter to a company that give me detail of her salary, but till now no reply had come.
So what action to be taken to know her salary.

Madhusudan Rao.   26 March 2012 at 17:07

Family settlement deed&my right to claim due share in parental property.

My father(Self)acquired land&built a house ad-measuring 3800 sft in about 302 sqy.The rear portion of the house has about 102 sq yards vacant land was given as a gift out of natural love and affection to me under under Notarized Family settlement deed(UN-registered)so far,where all siblings,their wives and sisters(one married,another spinster)along with my parents in 1998.I built a house in 1998 with my own finances and municipal plan,water and electricity connections ware given on my name.My father passed away in 2005,but has not executed any will or nominated any one as legal heir.
After the demise of my mother of my mother,all siblings started pestering,threatening me,saying unregistered family settlement deed is invalid and entire building(built by father and me in land given to me)should be distributed equally among all 6 siblings including me.
I was fed up with intimidation's and filed a partition suite,claiming my legitimate share in the building built by my late father,and got Validated the family settlement deed executed in my favor on 21-03-2012 by District Registrar of South zone,Hyderabad.

Now i need an expert's advise like,will i be eligible to 1)claim my share in building built by my father?
2)Enlighten me about the sanctity and legality of Validation of family settlement deed?
Regards,
Madhusudan Rap

Unni   26 March 2012 at 15:33

498a victim

Father in law filed (through his daugther) a 498a case. Though its turned to be proven not correct.

FIL is recently sold one property & acquired another property. Does he have power to evade the income tax just because he is father of a girl child? Nor he has any PAN card?

If no how come he is not in the sight of the incometax laws. Hope the query is clear now.