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

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Anonymous   19 July 2011 at 18:37

Fate of High Court Petitions when Lower Court Judgement given

I have been contesting nullity petition filed by my wife on my alleged impotency for past 4 years in lower court. I have also filed counter claim for divorce due to cruelty. During this period she has challenged 2 interim orders of the lower court in the High Court:
1) Rejection of my medical test
2) Rejection of enhancement of interim alimony

Both of these are still pending disposal in the High Court. However she has not taken any stay in the lower court and stopped attending lower court. In the meantime, lower court judge has proceeded ex-party and granted divorce in my favour and rejected permanent alimony.

1) Will my interim maintenance automatically stop or do I need to file petition to stop it?
2) What will be the fate of the pending petitions in the High Court when the lower court judgement is already out? Will the judgement be cancelled?

Ashish Joshi   19 July 2011 at 16:42

Marriage Occassion

Dear Sir / Madam,
My name is Ashish Joshi, stying in dombivli. I am going to marry this friday dated 22nd July 2011. From my side there is no issue about the marriage. But from girl side her mother and dad is not accepting for her marriage because of caste issue. I am Maharashtrian Brahmin & she is Hindu - Maratha. We both are Maharashtrain. Born in Maharashtra, Studied in Maharashtra only. She is stying in Grant Road.
My querry as follows: - 1. We will marry in Thane one marriage buerau (Milan Marriage Buearu) which approved by Government of Maharashtra. As discussed with them they told me you have to registered your marriage in your local area. It is true.
2. We want to maintain the relations with her parents. We don't want any Police Complaints from our side. If we marry this friday & we inform her parents our marriage. If her parents makes any police complaint then we will provide marriage certificate which is issue by Milan Marriage Buerau. Also they make one affidavit & notarised it. Is it ok. We are not denying to register the marriage. But for registration It will take some Time.
Please guide me.
Ashish Joshi
9768349972

Anonymous   19 July 2011 at 13:15

Affidavit given in court : is violation contempt of court

There are affidavits given to court in mutual consent divorce.
The court passed only a decree " dissolving the marriage".
1)Are the affidavits still binding on parties?
2)If a party does not comply with affidavits given will it amount to contempt of court?
3) In which court comntempt will be filed?

Anonymous   19 July 2011 at 12:46

Sec 9 hma and sec 125 crpc

Respected all

i have a sms and voice recording of my wife
i want to submit this as a proff of evidance but before to submit i want to advice from all expert that how i submit and whether i face any difficulty to exibit this electronic evidance

R.Ranganatha   19 July 2011 at 05:23

divorce on insanity grounds of wife

My son,aus.citizen was married to an Indian girl and after 15 days of marriage he had to leave to Aus. for urgent business matter and for arranging sponsor visa for her Aus.stay.
The marriage was not at all consummated due to her lack of interest and with in a month of his departure,she was found to be suffering from mental illness,which was diagnosied as Schezophernia due to her confinement and torture by her parents for her love with some of diffrent caste. there is medical evidence and her recovery is very long drawn affairs and needs life long medication with incidental side effects.Now he has filed divorce petition and how is the prospects and prompt course of getting diovorce?

Anonymous   18 July 2011 at 23:42

Validity of Compromise \

Hi,

We reached a compromise in police station in front of our relatives for Divorce. Could you please tell me what's the validity of compromise on plain paper with signatures of relatives and police personal.

Arvind Singh Chauhan   18 July 2011 at 21:46

SUGGEST THE SOLUTION

Respected members,
"A" Married with "B" but due to infertility of wife "B'. Both agreed that "A" should marry with "C". Before marriage all picture was made clear before "c" and "C" got ready to marry with "A".

Now due to stained relation between both wife, "C" has left home of "A"

Now "C" is asking her share in money and property of "A". and threatening for case of bigamy.

"A" is ready to settle the matter amicably.

What type of settlement should be arrived, that in future "C" can't sue "A" for bigamy. Please attach a draft if any.

Arvind Singh Chauhan   18 July 2011 at 21:43

SOLUTION REQUIRED


Sorry for repetition .

Anonymous   18 July 2011 at 21:09

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.

Anonymous   18 July 2011 at 20:57

In what situation respondent is required to produce evidence?

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.