Anonymous
23 March 2011 at 12:25
My cousin recently had lodged complaint against her husband in DV and 498a due to physical harrasment from him and his family. Talks with them has failed hence my cousin wants to go for divorce. My question is that her husband earns good salary of around 40000 pm and my cousin is not even graduate. How much maintenance will she get from him. She also has a kid. And under which section she should book him to get more amount as maintenance.
Anonymous
23 March 2011 at 09:36
Under Section 31 of Protection of Women from Domestic Violence Act, a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment.
My query:-
1.Thus if interim/final maintenance is ordered it will be difficult for husband to not follow order of giving maintenance under DV act while penal action is a delayed and long process under 125 specially when property of husband has not been known to girls side ?Is not it?
2.If yes,then in our case where we have got interim maintenance ordered under 125 ,should we refuse it to get it under DV which was filed one month after 125 suit?
Anonymous
23 March 2011 at 01:42
SIR
please guide me,can any mutually divorced lady get govt. job on the basis of divorce paper.
10 month back me and my wife took mutual divorce without any allegation to each other, as she forced me to take divorce mutually, but after that she got govt job on the basis of those papers. what should i do that she cant get that job as her family tortured me a lot.
shahid hussain
22 March 2011 at 20:59
Sir,
My cousin sister and her children final maintenance order by lower court got interim suspension in A.P.High court. Now she got notice that to appear in High Court personally or through advocate.Kindly help in this regard what to do and what will happen to the maintenance execution petition she filled.The date of hearing of M.P. is nearby.
Very strange that complete order got interim suspension?
PLZZ kind reply in this regard will be very helpful. Also i need names of A.P.High court lawyers who could take this case.
Thanks.
cyberca
22 March 2011 at 19:04
WHETHER DAUGHER-IN-LAW IS LEGAL HEIR OF HER MOTHER-IN-LAW? IF SO CITE THE RELEVANT JUDGEMENT OF SUPREME COURT.
Anonymous
22 March 2011 at 15:55
Dear Lawyers,
My marriage was 3 yers ago under christian marriage act,It was a love marriage,later on I went abroad for job.Few months later her family came to know about the marriage and they agreed with me to send her to abroad,For some medical isues she couldnt go abroad,and i was trying to bring her here by resloving all medical problems.Whenever i visit India,She uses to come with me.
But later on her parents statred abusing me and forced her to get divorce from me as am not sending money to parents as they have askd me sum,
Now her fater is thretening me if you dont gve her divorce we will make case on you and i will be in trouble for going abroad as he is supported by high ranked police officers,and they disconnected all mobile numbers as i couldnt contact with her.In our last talk about 5 monts before she told me ,she dosent want to keep relation with me and she is willing to get divorce from me,Her father is serching for a boy,I tried to convince her but it was vain.
Now Am in a delima and I have no Idea what will I do as i am not willing to leave her.
Anupama
22 March 2011 at 12:46
The hurdle is I don't understand what stand I have to take.My advocate submitted statement and deny the allegations he has leveled against me.
Now the problem is he is not coming for case & not filling affidavit to court for cross. his lawyer says ya we will file it but from last 4 dates he didn't filled it.And now the judge says that if he not came this time i will dismiss the case.
Now my question is what will I do? If it happen so.. where should I go for Justice what will be my future?Let the court dismiss it? After that what will I do? how can I get justice?where should I go?
I want guideline from you. Shall i give in writing to court that Court Please Seized his passport when he will present in the court? shall I file 498a case against him but my case is in court from last 2 years is it possible to do so? is it has that much wet-age?
I am talking abou treaty as under:
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs,
IS Division-II:Legal Cell
New Delhi, dated the 11th Feb, 2009
To
The Home Secretaries of all States/UTs,
The DGPs amd IGPs of all States/UTs.
Sub : Comprehensive guidelines regarding service of summons/notices/
Judicial process on the persons residing abroad.
Sir,
Section 105 of Criminal Proceedure Code (Cr.P.C.) provides for
reciprocal armaments to be made by Central Government with the foreign
governments with regard to the service of summons / warrants/ judicial
processes. MHA has entered into Mutual Legal Assistance Treaty/
Arrangements with 25 countries. In respect of other countries, the Ministry
attempts to serve the judicial papers by giving an assurance of reciprocity.
However, despite this Ministry’s best efforts the summons and other judicial
process get delayed for various reasons.
With a view to streamlining the procedure, MHA has examined the
matter and comprehensive guidelines are enclosed covering various aspects of
service of the summons/ Notices/ Judicial process on persons residing abroad.
You are requested to kindly have these comprehensive guidelines
circulated amongst all courts/ all investigating officers under your jurisdiction for
strict compliance.
Yours faithfully,
Sd/-
(Amar Chand)
Under Secy. To the Govt. of India
Encl : As above.
Copy to :
i) M/o Law and Justice , Deptt. Of Legal Affairs, Shastri Bhawan, New
Delhi
ii) M/o External Affairs, CPV Division, Patiala House Annexe, Tilak Marg,
New Delhi.
iii) JS(PP), MHA, Lok Nayak Bhawan, Khan Market, New Delhi
iv) JD(Policy), CBI, North Block, New Delhi
v) Joint Director, IB, New Delhi.
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs
Subject: Comprehensive guidelines referred to in Letter No. 25016/17/2007-
Legal Cell, dated ______ of Internal security Division, Ministry of
Home Affairs regarding service of summons/notices/judicial
process on persons residing abroad.
--
Section 105 of Criminal Procedure Code (CrPC) speaks of reciprocal
arrangements to be made by Central Government with the Foreign Governments
with regard to the service of summons/warrants/judicial processes. The Ministry
of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreements
with 22 countries which provide for serving of documents. These countries are
Switzerland, Turkey, United Kingdom, Canada, Kazakhastan, United Arab
Emirates, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France,
Bahrain, South Korea, United States of America, Singapore, South Africa,
Mauritius, Belarus, Spain and Kuwait. In other cases the ministry makes a
request on the basis of assurance of reciprocity to the concerned foreign
government through the mission / Embassy. The difference between the two
categories of the countries is that the country having MLAT has obligation to
consider serving the documents whereas the non-MLAT countries does not have
any obligation to consider such a request.
Summons/notices/judicial processes issued by the Indian Courts.
2. The summons/warrants/judicial processes received by MHA are
forwarded to the concerned Indian Missions/Embassies which in turn, takes up
the matter with the designated authority in that country. In case of MLAT
countries, the manner of communication is as laid down in MLAT and can be
either directly between MHA and the Central Authority or can be through the
diplomatic channel. The designated authority after considering the request
directs its agency to serve the document on the concerned person and the report
of the service, if any is also received through the same chain. This is broadly the
system in majority of the countries. However, in some countries private
companies/NGOs have also been entrusted with the service of judicial papers.
3. Based on the experience gained, some guidelines are given below which
may be followed while making a request to MHA for service of judicial processes.
It may, however, be noted that it is the discretion of the requested country to
serve the documents and any time frame for a positive response cannot be
predicted.
a) All requests for service of summons/notices/judicial processes on
persons residing abroad shall be addressed to the Under
Secretary(Legal), IS-II Division, Ministry of Home Affairs, 9th Floor,
Lok Nayak Bhawan, New Delhi- 110003. All requests shall be
forwarded through post only with a covering letter from the
Registrar/Court official giving the following information:
a) Material facts of the criminal matter including purpose of the
request and the nature of the assistance sought.
b) The offences alleged to have been committed, a copy of the
applicable laws and maximum penalties for these offence.
c) Name, designation, telephone and fax number of the
person/officer who will be able to give any clarification, if
required.
d) The complete address of the issuing authority to which the
judicial papers/service reports may be returned.
e) Approval of the competent authority to bear any expenditure,
which they be charged by the foreign government/agency for
the service of the documents.
f) Degree of confidentiality required and the reasons therefore(in
case of confidentiality requirement).
g) Any time limit within which the request should be executed.
This will be subject to allowance of sufficient margin of time by
the requesting agency, as indicated in para 3(iv) of the
guidelines
b) MHA, on receipt of request, will examine it in view of the provisions of
treaty, if exists, with the requested country and as per the provision of
CrPC in case of non-treaty country.
c) India has a MLAT with Singapore and the Govt. of Singapore has
prescribed a proforma which shall be completely filled and sent
alongwith the request for service of judicial documents. The said
proforma is at Annexure – 1 to these guidelines.
d) MHA requires at least a period of 12 weeks times for service of such
notices in the concerned countries. It is, therefore imperative that a
date of hearing/appearance may be decided accordingly.
e) In the case of non English speaking countries, the notices should be
accompanied with the certified/authenticated translation(in duplicate)
in the official language of the country where the notice is proposed to
be served.
f) Name and address of the individual/organization should be complete
in all respect and PO BOX no. and Passport no. will not suffice as
address of the individual.
g) Ministry of Home Affairs responsibility to service the summons is only
in Criminal Matters. Hence, summons in Criminal matters only may
be sent to the Ministry for service abroad.
h) MHA does not undertake service of the non-bailable warrants of arrest.
The service of non-bailable arrest warrents amounts to the extradition
of the individual. The request for extradition are based on certain legal
procedures contained in applicable treaties negotiated on the basis of
the International Principle of Extradition. Such requests are to be
forwarded to the Ministry of External Affairs, CPV Division, Patiala
House Annexe, Tilak Marg, New Delhi – 110001.
(A)SUMMONS ISSUED BY THE FOREIGN COURTS/AUTHORITIES:-
4. The summons issued by the Foreign Courts/Authorities and received in
MHA will be served by the State Police through CBI-Interpol. However,
Indian Mission/MEA while forwarded such requests to MHA will ensure
that:-
a) The summon is followed with a translated copy in the Indian language.
b) A reasonable time say 10 weeks is allowed after the summons are
received in the Ministry of Home Affairs.
c) An Assurance of Reciprocity(AOR) is followed from the countries
which insist for the same in respect of Indian Summons.
can i go through in my case?
raj
22 March 2011 at 11:54
The wife living separately from the husband as she is doing job.The wife can also get a job at the husband's place but with lass salary.Now husband wants to file RCR?
Can wife defend it as she is living separately for doing job?
raj
22 March 2011 at 11:46
(a)Can a married person go for livein relationship?
(b)Can a married person applying for RCR go for livein relationship?
(c)Can a married person applying for divorce go for livein relationship?
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When Mother is remanded,can father ask child custody?
We have filed compliant in Magistrate Court under sections 120b ,417,418 and 500 and the Court ordered police under sec 156(3) to investigate and report on the alleged supression of divorce case facts of her parents and performing her marriage by legally separated wife and husband.
The mother is likely to be arrested and remanded.
Now my question is can we(father and grand parents) ask the custody of 3 years old child if she(mother) is remanded for the above crimes referred by magistrate to police ?
We do not want to send my innocent grand son to police station/jail along with her mother who is culprit in the episode. We are also worried about the safety of child in the hands of her if she make any attempt being defamed with the exposure of her parents divorce.
Can we ask magistrate/police to handover child custody to us?
Please advise.