Anonymous
18 July 2011 at 20:57
In what situation the respondent is legally required to produce evidence to negate the allegations of petitioner? I mean if the petitioner does not produce evidence to prove his allegation, then would it be the duty of respondent to produce evidence to negate the allegation? The law says that the burden of proof lies on petitioner... but in some case the lawyers ask the respondent to produce evidence if petitoner does not produce evidence to support the allegations and if at the same time its possible for the respondent to produce evidence to negate the allegations..and they also say that if respondent dont submit evidence, if its prima facie possible for him, the case may go agaist him.
eg. Wife's allegation is that husband is impotent. But she does not take any steps to file application for his medical checkup. In such situation some advocates advice the husband to sumoto file application for his medical checkup, othewise the case may be decided against him (ie. adverse inference). But at the same time a few advocates advice no need to sumoto file application for medical checkup.
So, please help me to understand in what situations the respondent is supposed to submit evidence during trial.
Anonymous
18 July 2011 at 19:26
Dear All,
A male died leaving behind his wife and son. At the time of the death of above male, his son has two children, who are grand children of the deceased. Now, whether the intastate property of the deceased shall be share betweem his son and wife (or) among the wife, son and grandchildren. Kindly clarify with the releven provision of the Hindu Succession Act.
Anup Chandra
18 July 2011 at 17:58
Hello, My wife left my matrimonial home before four months, we have no kids, before two months i sent a legal notice which she did not replied, i filed RCR case against her after one month of sending a legal notice. my first hearing is due after one month, kindly suggest me the following :
1. Should i send her the court notice and ask her to appear for the hearing?
2. If after getting the court order she will not appear in the court then what will be hearing process ?
3. If she kept herself absent from the court then can i ask court to give me permission to file for the exparty divorce?
regards
karina
18 July 2011 at 17:04
myself karina, my husband wants divorce from me. but i dont want divorce. now he is living in relationship with his friend & i want my rights. how can i claim him for that
Anonymous
18 July 2011 at 16:34
Respected Experts
i hv file sec 9 HMA and my side evidance has closed n wife evidance has closed ( in her avidance she said that she will not come back and never give divorce and she want money)
and on the other hand she file 125 crpc.
i wnt to know if i will take decree of sec 9 then after how much time i file a case of divorce.
i wnt fast divorce plse suggest.
Anonymous
18 July 2011 at 16:24
Respected ld members,
Need your help!
Brief facts: On first date got affidavit along with DIR. Now second date is approaching and difference between first date and second date was of 4 months.
Queries:
1. I am trying to resolve the issue out of court. Can I request court for mediation without filing reply or should I submit reply and request for mediation.
2. I do not want her back and she too is not very keen. In reply my lawyer is asking to say no, but I am a bit confused as I believe court may take it as negative attitude. Is it required to write in reply that I want or don’t want her back. She has requested for residence and protection orders. Matrimonial home belongs to my father.
Thanks!
Anonymous
18 July 2011 at 11:58
My father passed away in 1997. He has a son (1973 born) from his first marrisge. I am born out of his second marriage. My step brother due to difference with my father, left the house by his own will in 1994. Since 1997 I have been taking care of my mother, taking care of all the expenses (society maintainance, elec bill, medical, household etc.) I got married in 1999. Even after my marriage I continued to take care of her & all the expenses. She is now residing with me. I wish to know if myself/she can ask from her step brother/son any monthly expenses (with /without retrospective effect)? I would be obliged if somebody could help & giude me in this matter.
Anonymous
17 July 2011 at 14:31
can a voidable marriage be ended by writing a letter? if no, why so?
Anonymous
17 July 2011 at 13:29
Dear sir,
i want to know that could i file a RESTITUTION OF CONJUGAL RIGHTS application directly to court by letter or mail and if yes please tell me the postal address where i can post it.
Thanks
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property share for married daughter
my grand father had one son (married) and one daughter(married). He (GF) died without will in 1960's. My father got it transfered the propetry (agree land) into his name. I am not sure whether he has taken the consent from his sister (without that how property get transfered to his name?). But property got registered in RTC records from 1960's. My father also died before 30th-July-2004 before karnataka state act came effect. I got the property transfered to my name after 2006.
can my grand father daughter (mean my father sister) asks for equal share in property now (after 40-50 years)? Since she is married during my grand father death...will she have a right to ask? How can I protect my father property? She is well settled with 2 sons & 1 daughter. They have thier own property in their sons name.
Pls advice me on this regard.