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

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Anonymous   28 December 2011 at 21:57

Summons

1)I have received summons (domestic voilence) from my wife which is not signed by any court officials is it valid..?
2)I was asked to appear before magistrate the very next day of the summons was issued,which i received after 5 days...is it valid..?

Anonymous   28 December 2011 at 21:26

Divorce in goa

its been 2yrs since i have left my husband. It took a lot of courage to do so, as i was very afraid of him physically harming me. i have a 4 yr old child, and have been living with my parents.i left because, he was very controlling psychologically and financialy, he would waste money (to a point we had only 100 rupees to last the fourth week of a month, every month), borrow to an extent that i was afraid of the lenders, he punched me on two occasions and was confident of physically harming me.,there was no more intimacy(would on average have relations once every 2 months after asking for it), physically or emotionally, he sold my inherited gold, refused to take up a job for a long time, borrowed a lot from my family and refused to pay back.i do not trust him. i donot love him. i do not want anything to do with him. i have allowed him to regularly see our child, for the child's sake and because i have been dependent on my parents as secondary caregivers, and 2days a week, they want a holiday from baby sitting. its been a financial struggle,and i am just getting to a point i can afford day-care.
Now, my lawyer says that i do not have strong grounds for divorce. I would need to wait a total of 3 yrs, to show separation as my only ground. I have not filed for separation.
i am catholic, and married in goa. considering goa laws,,,,, whats the best way i have to get a divorce?

Anonymous   28 December 2011 at 18:58

My wife getting married with other person without giveing divorce

Sirs,
Age of my wife is 22 at the time of marriage. We have done registered marriage. I have the marriage certificate. Their are total 4 witnesses.

I got married 1 & 1/2 year back without informing my wife's parent. She is staying with her parents till date. Her parents doesnt know about our marriage. Now in last week she had done engagement with other person as per the instruction of her parents and didnot inform me anything about this. Today She inform me about engagement. I asked her to stay with me but she is refusing to stay with me at my home. She is ready to marry with another person as per her parents instruction. Her father is one of the richest person in Mumbai.

Sir, Please help me out. I cant stay without my wife. What do I do to get my wife back to me.

Thanks & Regards

Anonymous   28 December 2011 at 18:22

Mutual consent refusal

Dear Lawyers,

If a spouse does not co-operate after filing for divorce by mutual consent, what options does the other spouse has got for getting the divorce?

In my case, the mandatory 6 months period after filing the divorce by mutual consent has passed. After the expiry of this period, my spouse now refuses to come along for the court hearings.

I heard that there was amendment to HMA in 2010 wherein this situation can be considered to fall in irreterievable breakdown of marriage category and therefore the divorce could be granted.

My questions are:
1. Is my understanding correct, i.e. does the case/situation be considered as irreterieval breakdown of marriage?
2. If yes, how would I request the family court to grant me exparte divorce?
3. If no, what should I do?

Regards,
Husband under stress

lata shastri   28 December 2011 at 16:02

About alimony amount deposited in court

sir / mam,i am a petioner in a mutual divorcee between me and my husband .he agreed to give me alimony but he had not agreed to give it by DD or cheque insted of it he deposited it in court treasury and this amount will be given to me after the judgement and amount is mentioned in petition with such condition.on 27thdec i went to court as i got that but due to concellening report dint came i got next month 7th date.so my problem is that when i went to treasury to chechk the amount the clecrk said that amount is safe with case number but will be issued after divorce as mentioned in petition but on my name after marraige and i dont have any bank account on married name .please suggest me how can i get money on my maternal name as the amount deposited in court treasury is on my after married name .pls suggest

Anonymous   28 December 2011 at 15:30

498 (a) of ipc case

Respected Experts

My wife filed a Maintenance case u/s 125 of Cr.P.C it is pending before the court. my wife demanded to withdraw the maintenance case an amount of Rs.5 lakhs, present my position i cannot pay single rupees, she knows very well about my financial position. that too she threatened to me that if not pay an amount demanded by my wife, then she will file a case u/s 498(a) of I.P.C

kindly advise to me, which case i have to file, or which precautions to be taken, to avoid 498(a) case against me and my family.

Thank you all of you in advance

please advise ....... waiting for your advises.

Now wife

Anonymous   28 December 2011 at 13:57

Unofficial remarriage

Ours is love cum arranged marriage. But after marriage my husband's charactr turned and along with in-laws illtreated me and he deserted me. Its just less than a year f marriage. We r married 11 months back. He has applid fr divorce. I ve raised RCR, Litigation, DV act.
I stayed alone for 5 months. Now one of my colleagues approachd me n proposed me and he want to marry me. I explaind him all these cases to him. He told me he will suport me for all these cases and let it go along. We ll marry unofficially and will not regsiter our marriag untill u get divorce. He tells I can stay in his home with his parents. His parnts are suports him for me. I thoughmy husband can raise bigamy case against me which may endup without alimony also. But he stelling that since we are not registrin the marriage, he cant prove our marriage. He says that In the court I can tell that I am staying as a Paying Guest in his home if he proves that. So not a problem like that he s telling.

WIll it create any further prob? If the path correct?

Anonymous   28 December 2011 at 13:30

Dowry - other actions

I am illtreated by my in-laws n husband after getting lot of money from me. We r just 8 months married too. And its love cum arrangd marriage. Owing to his parnts words he is cheating me and deserted me.
I have given a complaint on my husband, father-in-law and mothr-in-law on dowry, harrasment. But in police station they closed the case and directed me to see the case in family court. I dunno why the police officials are not botherd abt to file teh FIR. I have given proofs also for dowry given to them.
I have just got the CSR copy.
1. My In-laws are govt. employees. Now with this CSR, can i atleast request for suspension? Or do i need FIR?
2. If so, wher shld i send this CSR? (In-laws are workin in shcool and bank)
3. My lawyer has made the petition for pirivate case and direction case since the police officials have closed this case. Whether this petition will help for thier suspension?
4. What are the other document that i need to send to make thier suspension?
4. Do i need to send the proof for dowry also ?

Member (Account Deleted)   28 December 2011 at 12:44

Nullification of register marriage

I and my lover registered our marriage in sub registrar office (SPecial marriage act in February).I want to live with my parents and they say that they would suicide.I am only 19 years old.My lover was true to me but i for my parents going to leave him.We have lived as husband and wife in secret and my parents and the society do not know.How can I file for this please.

He was not fraud to me then how can i prove that

What about consummat.Shall i say that our marriage not consumated (But consummate.will he can prove this in any other way.

baburao vitthal lohakpure   28 December 2011 at 12:22

Family law

I MARRIED ON 27/03/1976 AS PER HINDU MARRIAGE ACT AT MUMBAI. MY WIFE DIED ON 24/02/1995. I HAVE TWO SONS,PRESENT AGE 30 AND 27 RESPECTIVELY.
I HAVE ONE SISTERINLAW AND ONE BROTHERINLAW.MY FATHERINLAW DIED IN 2009. BEFORE DYING HE DISTRIBUTED HIS OWN EARNED PROPERTY TO MY SISTERINLAW AND BROTHERINLAW.
CAN MY SON CLAIM THE SHARE IN MY FATHERINLAWS PROPERTY.
IF SO WHETHER MY SONS CAN SUE MY BROTHERINLAW AND SISTERINLAW IN THE CIVIL COURT TO GET THE SHARE FROM THE PROPERTIES THEY RECEIVED FROM MY FATHERINLAW BABURAO LOHAKPURE PUNE MAHARASHTRA 09158004855