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

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swaraj   05 March 2012 at 17:01

Domestic violence

respected sir my bhabhi filed a false dowry cASE(498-1,323,) against my brother and father through police inquiry on 18.5.2011 ,now my father on regular bail and brother is in ausralia before f.i.r lodged.
now my bhabhi filed divorece case and maintenece case against my brother and filed domestic violence case against my father and brother in court,and court recommended inquiry to child development office, and court fix hearing on 7.3.2012 now my qwestion is that.

1. the divorce case filed by my bhabhi himself ,not by our side ,is it possible to sought maintance from my brother
because the divorce case filed by bhabhi then why we give maintance
2. the 498-a and 323 case already running in court then why my bhabhi filed another domestic case in another judge court
3. what charges of ipc could be in domestic violance

thanks

sandeep   05 March 2012 at 15:52

Divorce matter

I was married on 11-12-2008.I am A PH person.At the time of marriage,the girl's family told us that the girl was earlier lived with her first husband for one day only and as her first husband was very greedy then she came back to her parents home.We believe in them and the marriage took place. After two years of marriage ,I start visiting various Gynaecologists for child.I came to know that she is having Endometriosis problem then I went to court for her divorce case earlier done.There I came to know that her left ovary was removed in 2001 and her right ovary was repaired due to Cyst in the ovary.Then I stopped talking with her .Now she has filed the complaint of Dowry harrasment in CAW cell Pitampura.She is doing same happenings of 498a ,406 as did earlier with her first husband.I want to know what should be done ? If I file divorce petition then Will it be feasible that I write that I do not know her divorce case earlier

JAYESH   05 March 2012 at 13:13

Documents required

Sir, I want to file Adoptation Deed.

Please tell me, what would be the reqired documents for preparation of Adoption Deed ?

Jayesh

Giridhar Shettigar   05 March 2012 at 12:56

Conjugal rights

I had filed case for conjugal rights against my wife. Now my wife looking for out of court settlement and asked through her advocate for family meeting. my query is :-
1) Is, can we prepare the Minutes of the family meeting
2) If so, such minutes is valid in the respected court.

kindly inform me


Thanking you,


Regards

Adv.R.P.Chugh   05 March 2012 at 12:07

Amendment in mc.d petition

Ld.Seniors,
Alongwith a Mutual Consent petition that I filed - we enclosed a MOU (Memorandum of Understanding) entered between the spouses as to how the property would go. First statement has not been recorded yet. The parties want to make certain amends in that. Can we submit the new MOU - and disown the earlier just like that, or there has to be O.6 R.17 Application to that effect or an amended list of documents?
Thanks a ton !

SSng Aulakh   05 March 2012 at 11:28

Divorse by mutual concent

A couple did court marriage two years back. Due to impotence of her husband, both of them have signed an affidavits giving their consent for divorce.
Now, a ready proposal for the Girl has come from another boy, can the girl marry to this new boy, without taking divorce from the Court.

Naresh   05 March 2012 at 08:44

Need good judgments to prove desertion

Dear Experts,



I (husband) filed divorce u/s 13(1)(ia) (ib) on cruelty and desertion grounds. I need relevant judgments, which I can use to support my case. Below I am giving the circumstances of my case.



(1) I filed divorce due to non-cooperation for consummation of the marriage and wife is not interested to lead marital life with husband. The duration b/w final separation and divorce case is 1 1/2 years. But by then marriage happened b4 3 years ago till separation happened.



(2) Wife claimed in her counter, husband is impotent and due to his impotency consummation not happened.



(3) medical board found husband potent.



In the above circumstances, I need good judgments to prove desertion happened though the 2 years period is not completed b4 filing the divorce notice after final separation. But I read somewhere that physical separation alone strictly is not required, even if wilful neglect of wife is sufficient (in the above situation any way wife herself saying non-consummation due to husband impotency, but medical board not found impotency) to prove desertion. So, I request the experts, please share with me, if you have any good judgments supporting the above circumstances.



Regards

Naresh   05 March 2012 at 08:15

Difference b/w stridhana and dowry?


Dear Experts,

Please explain what constitutes dowry and what is stridhana. Legally, how the distinction is made?

In my divorce case, the wife & her father are alleging that they have paid Rs. 4 Lac as stridhana on the demand of the petitioner and it is liable to be returned @ 14% interest.

I have the following questions on the above.

(1)"Irrespective of whether it is dowry or stridhana, they have to prove to the court, that they have indeed paid and in the absence of any material evidence court can't consider such an allegation". Please clarify me whether the above statement is correct or not?

(2)Wife side is saying that they have paid stridhana to the petitioner, but as per the definition of stridhana, it is the articles, furniture etc. given to the bride as her own property without any demand from the husband side, but on their own wish they have paid to their daughter. Is this argument correct as per the definition of stridhana and as per the law?

(3)Is it true that if they claim, they have paid cash as part of stridhana then no proof is required as per the law that is why they are saying stridhana and dowry? Please tell the difference.

(4) Can the stridhana be paid in the form of cash and it need not always be in the form of articles? please clarify

Regards

kush   05 March 2012 at 07:14

Voidable marriage

Dear Sir,
I got married about 10 months back. After marriage my wife never allowed me to have physical relationship with her and told me she needs time.After marriage she stayed in my house for only 17 days and then went to Delhi, where she works.After that she never came to my house and don't use to pick my phone calls. I got her phone details and found that she even chats with her friends during whole night but with me she don't chat or call me.
Their parent's attitude are also very surprising. When we told them that we want to talk to them on this matter they are just delaying it. I don't understand why? Do girl side gets any benefit if after marriage one year time gets over?
Now i want to finish this marriage. I want to know on what grounds can i finish the marriage. I also want to know can we put impotency charge on a lady as she don't allow for physical relationship.

basavaraj shiromani   04 March 2012 at 20:58

Maintainance

A Woman filed a petition under Sec 125 of Cr.P.C against a person, alleging that, her marriage was solemnized with said person 22 years back and she lead marital life with him for the period of 6 months and after that she went to parental house and she gave birth to one female child.

In fact, there is no any type of relationship between woman with the said person. There is no whispering of a single word regarding the status and stature of the said woman or the child since 22 years. Suddenly the woman moved this application. There is no material on record to show the relationship also. The said person is totally denying the relationship with said woman as there is no iota of evidence to show any type of relationship with the woman.

-Whether, the application is maintainable against a person without proof of any relationship, that too after lapse of 22 years.