PARTHA SARKAR
04 September 2011 at 02:58
Can a RCR (Exparte) decree holder file U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC before the Ld. Additional District Judge against the judgment debtor?
If in reply of show case by the judgment debtor before the Ld. Additional District Judge can submit that she has no knowledge of decree despite the same sent through speed post having acknowledgement received by the father of the judgment debtor along with letter of request to comply the RCR Ex-parte order being valid service as per Order 5 Rule 15 of CPC. Decree holder the same annexed at the time of filing of the suit.
1. My question whether perjury case applicable at the same court or any other court U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC against the judgment debtor?
2. If not what other alternative remedy is available in such situation Decree holder having prima-facie evidence?
Anonymous
03 September 2011 at 20:52
Dear Sirs,
Is it necessary for the respondents to appear personally in PWDV Act -2005 on each and every date. If no ,then Can you please give any Citation.
I am told that the Hon'ble Punjab & Haryana High Court has given a judgement in this regards in Crl.M.No. 25966 of 2008. Can anyone upload this Judgement or any other related Citation.
Thanx & regards
Anonymous
03 September 2011 at 13:47
I m running my own proprietorship business. I m planning to get married in Nov 11 with a person who is presently associated with my business and I am paying him remuneration.
I trust him but want ot know how can I protect my earnings as on date as well as future earning of business.
What if we have fight and have to seperate, can he claim from that property.
If we sign on mutual agreement stating that he has no right in my property / earning, is it valid as per HM ACT?
Pls advise
Anonymous
03 September 2011 at 11:17
The petitioner,wife, submitted her virginity certificate issued by a govt. doctor without court order at evidence stage of an annulment case in family court.
Now the time has been given by the court for taking steps for both parties. On next date ,she filed application for adding one more ground, ie. mental cruelty, in original petition. Last date, my advocate filed reply to reject her application for amendment, and also filed application for my potency test by medical board.
But in case of challenging her virginity certificate, his opinion is there is no need to file reply challenging the credibility of it now, and later the time will come to challenge it. So, please tell me when is the right time to challenge the credibility of her submitted virginity certificate on ground of reliability of doctor and possibility of hymen repair surgery etc. and ask to send her for medical board checkup for the same?
Member (Account Deleted)
03 September 2011 at 10:37
sir,
would like to have appraisal into below case situation.
divorce case filled by huband u/s 13b of HMA, and divorce is mutually agreed by both parties. BAHAS (in written) is submitted by both parties to the honourable court, and judge has acknowledged the BAHAS and put the case for decision for 15-Sept-11.
the question is:
1. can the judgement still get delayed from the prescribed date by the honourable judge.
2. is the presence of both parties (clients) essentially requited while the judgement/divorce decree is announced in the court, and if so will the signatures of both the clients needed there and then or can the councel of both parties acknwoledge the judgement infront of the court.
3. last question, if there provision in the law, whereby after the BAHAS (of advocates) - any supplementary evidence can be submited to the court before trhe judgement is passed; and if so is there any possibility of getting judgement getting delayed.
kindly advise.
thanks.
Anonymous
03 September 2011 at 10:36
Dear Sir,
4years back I was married. 2years back I had been separated from my husband due to Cruelty n violence towards dowry. And my husband`s family also taken part in troubling me. But now my husband came to me that he realized his mistakes and promising that he will not trouble and when coming to his parents, he is must saying that not to interfere them, they don't know anything. Now I also want to go with my husband but the problem is that how far I can believe them? because he is saying that his parents had no part in harassing me but in past I had seen hell from them. Violating marriage bond is very easy now-a-days. But I want to withstand on my marriage bond. Going calmly with my husband is one way which I can do but it will be another chance for my husband and his family to harass me or to blame me because up to now they had no chance to make me bad, So only my husband agreed his mistake, so that issue will not become big. But Now I want to reach my husband with proper justice. So I approached a Advocate at my local area, He suggested me 2 cases to be keep on my husband and his family,that are 498A or DV act. My Question is that.
1. By which case I can proceed with my husband by having protection towards my husband n in-laws.
2. Where I should file this case (police station or court or lok adalat)
3. I had some voice recording as supporting to my troubles faced by in-laws and my husband. In which stage I can put this out(police station or court or lok adalat).
4. Now I am expecting good life with my husband if he realized his mistake, So I don't want to File FIR which may effect his Job. So By which process I can proceed, So that I can get a Affidavit from my husband n his family that they will not harm me once again.
5.Once if I file a case definitely my husband`s side will oppose me with their blaming and they will also try to put false cases. In this stage how I must proceed to succeed my ultimate goal to reach my husband with safeguard.
Knowledge Gainer
03 September 2011 at 10:09
Wife has filed divorce case. Her mother is appearing before court along with their advocate since last three dates. Petitioner herself is not appearing. Her mother is interfering in the court proceeding. While granting date she is arguing that on this date this is the problem. We are not available. Sometimes their advocate is not present in spite she is interfering in proceeding to wait for their advocate. Once or twice it is ok. Every time her mother is appearing whether it is ok? can I oppose and insist for petitioner's presence in the court. Her is not party to the case. Petitioner has filed divorce case.
Anonymous
02 September 2011 at 23:17
hi i'm from chennai. i have a joint business with my fatherinlaw though it was a joint investment equally from both the sides. now though me and my wife have lost faith on both of us as there has akways been compatibility problem from the starting.... i do not know what has to be done and how to proceed as we have a 1 1/2 year old daughter and as well for the business both the sides property are pledged as collateral....
i want to know what all would be the consent in applying for a divorce....
is that we have to give off the business to any one of both of us or is there any possibility for me to continue the business ..
the business is also run at their place...
i'm totally locked due to this to take a decision though both our lives are not happy with each other....
Please do let me know in proceeding further on this issue...
I really need a solution to overcome all this by retaining my business for myself without much trouble and also want a divorce peacefully ......
do let me know is all these possible....?
Anonymous
02 September 2011 at 21:32
Sir
Mother in law(alive) properties are came from her father having some ancestral properties.
now widow daughter in law(no child) can claim portions from mother-in –law
But my mother-in-law says you can’t ask portions from me
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Can a rcr (exparte) decree holder file u/s 340 cr.p.c. & s.193, 200 & 209 of ipc before ld. a.d.j?
Can a RCR (Exparte) decree holder file U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC before the Ld. Additional District Judge against the judgment debtor?
If in reply of show cause by the judgment debtor can submit that she has no knowledge about the decree/order before the Ld. Additional District Judge despite the same sent through speed post having acknowledgement received by the father of the judgment debtor along with letter of request to comply the RCR Ex-parte order being valid service as per Order 5 Rule 15 of CPC. Decree holder the same annexed at the time of filing of the Matrimonial Execution suit.
1. My question whether perjury case applicable at the same court or any other court U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC against the judgment debtor?
2. If not what other alternative remedy is available in such situation Decree holder having prima-facie evidence?