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Member (Account Deleted)   10 March 2012 at 20:37

Judicial separation

Whether judicial separation can be granted when cruelty and desertion on the part of wife is not proved?
Please give caselaw !

Law Querier   10 March 2012 at 18:26

Power of attorney

I am residing in Gujarat of India.My wife is residing in Canada on her work visa.our marriage was solemnized in Feb.2011.Before marriage she told me that she has got PR visa and will sponser me after marriage.After marriage she went back to canada in March 2011.After some months, some small disputes arised between us during telephonically communication and she filed divorce petition (Section 13 i ia) on the ground of mental cruelty during telephonic talks.She has made power of attorney to her father.I am not ready to divorce her.My question is: 1.As our case is of contested divorce,Can she give power of attorney to his father for divorce case or is it valid to give power of attornety to her father in Contested Divorce case? 2.If it is valid, she has to present before indian court to run divorce case? pls. give me real answer because I have asked these questions to many lawyers in my city. But their ansewers are not same.

jaya   10 March 2012 at 16:33

Examination in chief stopped

In a crpc 125 case prosecution stopped chief examination of pw1 without any reason after recording two answers.the real probem is she is not prepared for lies.this happen in front of respondent husband only even he requested to complete the chief examination fc judge gave another date.is it right?is there any case laws in favour of husband?

jaya   10 March 2012 at 16:23

Stopped chief examination after recording two questions.

Respected sirs,after recording of two questions in crpc 125 of pw1 chief examination by the prosecution stopped and asked another date for no reasons in front of Resondent husband only.date given by the fc judge.actually petitioner is not prepared for lies.is it right?any case laws in favour of husband please provide.thanks and regards.

mrgop   10 March 2012 at 15:42

Attachment of respondent's property in rcr

I've gone through the question asked by mr.Kavkaz on same topic, and would like to further know if anyone could give a judgement ordering the attachment of respondent's property in failure to comply with rcr order.

Can husband as petitioner file for attachment of wife's property in case of the failure of rcr execution?

CitizenInsignificant   10 March 2012 at 10:28

How can i stop a relative of mine from finding my residential address & coming and harassing me?

A distant relative of mine, actually an uncle, is harassing me over the phone. He intends to find my residential address (which he doesn't know) and come here and create further trouble. The relative is somewhat mentally sick, though not a complete schizophrenic. He believes I and my family members(including my long deceased ancestors) are mean people and he vows to find my address and "unmask" me in front of my neighbors.
He has in the past visited mine and another family member's office and submitted fictitious defamatory claims to our respective employers. Clearly his motives are far beyond than creating simple pandemonium.
He is either nagging on the phone asking for my address or he is threatening he will have me killed if I don't meet his demands.
He doesn't know my exact address but knows the area well.
Please advice on what can be done to block this troublemaker once and for all. Also, will the process of legally blocking this offender anyway reveal my address to him?

Harsha Harsha   09 March 2012 at 18:09

Return of articles

I got gift as jewels from my husband's relatives for my marriage. Is it allowed legally to claim them under return of articles?

Harsha Harsha   09 March 2012 at 11:38

Hma 24

For litigation and maintenance I have included following

1. Rent - 10000/month
2. Doctor expenses - 10000/month - I met with an accident and going on tratment fr 1 year. Have already put defamation case for it. WIll producet hat copy.
3. Living expense - 5000/month


Litigation
1. Lawyer fees for the divorce case which he filed - 60000
2. Lawyer fees for the RCR case which I filed (Both are separate courts) - 60000
3. transfer OP fees to the lawyer to transfer divorce to my jurisdiction. - 10000
4. Transport charges to both the cases - 6 hearings so far - (500 * 6 = 3000)


What else can I include. (I have no child. My earning is not sufficent for me to run the family. i am staying alone and all expenses r born by me only. )

sanjeev kumar   09 March 2012 at 11:01

Seeking clarification regarding mntce law

D/Members,
My divorce case is pending in the high court.She moved two applications in the lower court(She is an advocate in the same place),first pauper application for court fee relaxation in the Hindu Adoption Act and second sec 125 in the year 2002.In sec 125 she was awarded rs. 4000/- per that is being dedudted from my salary.Her pauper application was decided in the year 2008.After that she filed a suit under HMA,decided rs. 8000/- per month in the year 2010.(For her and male child aged about 13).She filed execution application in the lower court to get rs. 8000/- from 2002(Worked out Rs. 6,36,000)(application year of pauper)and the court blindedly ordeded to deduct 1/2 of salary even without summoning me in the court.Plz suggest me whether the decision is justified or there are some decsions/laws against this.
thanking you immensly.

Jayaprakasan Nechully   09 March 2012 at 08:29

Wrongful partition of ancestral property

As I was employed out of my native place, for the purpose of partitioning our ancestral property, I had executed a Power of Attorney in favour of my late mother on the basis of which a partition took place. This has happened in 1982. Now I learn from a reliable close relative who recently passed away, that my mother was under coersion to acceed 2 units of the property to my Youngest sister and her minor son (2 years old then) who is not eligible for such a unit share in terms of Marumakkattayam Law ( Kerla Nairs' ). I there a remedy for me to set aside the properties thus acquired my youngest sister and her son and re-divide the one unit(share) enjoyed by her son now. Can a power of attorney be used to execute a document by which the person given the power of attorney is denied of his rights in such a manner? Does the law of limitation apply to such a case?