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Anonymous   14 October 2010 at 16:32

Case Transfer

We are residing in Noida and my brother married in Aligarh, my brother's wife residing with her parents since March'2010 & she has also filed the case of DV & 125, when we visit to court aligarh, my brother's wife and her relatives try to stop us to attend the court date and also also try to do man-handling on us.

We have fear that in future any thing could be happen with us
Now i would like to know that the case of Aligarh could be transfer from out of Aligarh or not, if yes for this what we do, kindly advise urgently. Thanking you

Anonymous   14 October 2010 at 16:14

regarding divorce

my husband obtained expartee divorce against me so the petion ws set asideand it came to main op so can i ask is it possible to ask counter divorce against asking at a time for divorce and permanent allimony in same counter i.e on gounds of cruelity

S.R.Chandrasekaran   14 October 2010 at 16:10

proceedure to transfer an immovable property

My sister has a will in respect of the property in her favour given by her deceased husband,The deceased left a flat in his name at Chennai.
What is the procedure to complete the transfer of property in her name

Anonymous   14 October 2010 at 16:02

false divorce

sir,
I married to an NRI OF NEWZEALAND as per hindu rites on 22.2.2OO8 my husband left me promosing that he will send visa paperson 16.03.2008 as soon as possible to join with him later I stayed in matrimonal house still sep 2008 during that time lot of harrasement from his family mebers not allowing to join with him physical and mental tourcher and also no proper communication from his side and he did not send visa papers so due to that harrasement i came to my parents house and iwaited for him till 1yr 4months and no communication AND SO I FILED 498A AND DV BUT no attendnce to court from his side and also mother-in law and brother in law took stay in dv and all the propertis are in his mothers name and order was favoured to me even though it is being difficult to implement the order and even now we dont knwo where the person is. and their parents are saying we dont know. if it is one part.
the other I shocked i got divorce without my concern this icame to know by my parents old neighbours saying iam divorced i ans my motherwent to local court and found the record my husband obtained expartee decree against me by misleading the court and keeping several false allegations one me by kowing fully that my parents vacated the house and sending notices to my vacate house and obtained expartee divorce.this icame to know after filing 498a and dv and by time only i got divorce 8 months back this was not said by his mother or brother in quash petition in domestic violence and even 98a charge sheet
And one moret thing is my husband filed divorce as inperson before lapse of one year i.e on sec14 on 4.10.2008 but later the petion was dismissed on same petion the numbering was done on 2009 feb as 13 ia cruelity against him on this grounds he obtained expartee divorce and filing the petion as inperson by him he was not in india but even though he filed petion on same dates when he was in nz
and later the evidence time for divorce he was lodged in jail for 98a offence but even thogh the attestation of his cheif affidivit shows that he was presented befor im and signed in different place when he was in jail so her it self shows what people they arewhat is my position now the petin was seta side saying the court that he played fraud upon the court and how he can file chief affidivit when he was in jailfor divorce

Anonymous   14 October 2010 at 10:40

regarding shares

Dear all,

My brother had bought some shares in my name. I am receiving some returns on those shares every year directly by the company. However the original shares are not with me and with my brother. He is not returning it to me either. Hence I am not able to deposit the cheques in the bank as the shares are not reflected in my income tax returns--my brother was handling my income tax file and I did not know anything about it. Only for past couple of years I am doing it myself as I have some independent income.
The cheques every year are going waste. Is there anyway I can now reflect those shares in my ITR. What is the way to get those shares? Can I directly contact the company? Can I show that I have lost those shares and they be reissued again? I do not know anything about the technicalities of such dealings. Please educate me and I will be grateful to you all.

There is possibility that I am not clear in my query. Please bear with it and ask me anything if you want further clarifications.

Thank you very much indeed.

Member (Account Deleted)   14 October 2010 at 00:09

DV Act

whats the procedure followed by court under DV Act to grant residence rights in shared household. I am not living with my parents and dont have property of my own but at the time of marriage and later had been living with my parents.

If my wife applies for a residence rights in the matrimonial home which is my parents home can it be granted though I am not living there and due to my job I live near to my work place.

Is there any precautions or preventive steps that I can follow now to prevent my wife claiming residence rights in my parents home where I dont live now but at the time of marriage and later was there.

Anonymous   13 October 2010 at 16:20

status-quo order


Sir,

When High Court has issued status quo order was issued but defendant without regard to the status quo order continued the construction. The defendant never cared to approach the court for vacating the order issued by the court or giving any explanation for such unauthorised construction. In the meantime the court gave verdict for partition of suit. The building was constructed exactly on the partition land to be decided by Final decree by metes and bound.

The building constructed is a three storyed building with RCC if the land is divided into three shares as per the preliminary decree and final decree, the whole or part of the building will fall into 1st share or 2nd share or 3rd share.

When the status quo order is still in existence what is right of the defendant to construct the house. He should have constructed the building on his share without encroaching upon the land of the other co-sharer.

In the above situation I am having a doubt how the partitioning of the land will be done. We have to forfeit our share for money. I want my share to build my own house and hence I do not want any money as compensation of my share.

Please kindly advise me on the above situation and suggest useful solutions for my problem.

Thanking you,

Regards

M.S.N.

abhay   13 October 2010 at 11:18

marrige certificate

hi my qus is how i can get a marriage certificate of my parents they married at nagpur court at 1992/1993 they forget there marriage date losted there certificate and i need that certificate for official work so how can i get duplicate marriage certificate from registrar office . and how many days i will get

Anonymous   13 October 2010 at 10:26

Rid from false D.V. & 125 cases

Due to before marriage affair my brother's wife left the house in March'2010(Marriage in May 2009, has seperate from in-lows in Oct.'2009, & left the brother's house in March 2010).

Sir i would like to know that

1] She was residing from her in-lows how can mention the name in D.V.case. Can my parents file case for such act,as she provide false information to the court, If yes on which section case will be file.

2] My brother file section 9 in April 2010 and after one & half month she file 125 case on my brother, If section 9 file before her 125 case, it is benefecial to my brother or not, if yes, kindly give ur expertise comments.

3] On section 9 case, she has not attending any date, resulting If I get decree in this case, It is helpful or not to my brother in the case of 125, divorce or it is protectable in 498a.

4] If she residing seperately from my parents can she mention my parents name in 498a & other case if yes kindly ask in which act it will be prove false.

5] At present matter is in mediation centre but she again refuse to compromise, if mediation centre again sent this case to court then the decision of mediation centre is helpfull or not to my brother if yes, how ,

7] In this case if any suggestion of yours will be highly welcome.

I humbly request to all experts kindly give ur comments with details and case section (crpc) etc.

Anonymous   12 October 2010 at 12:48

Domestic violence act misuse

Seeking expert /Professional guidance---
1) Wife filed false case of Domestic violence against Husband, Fatherin law and Mother in law.
2) Wife having affair and working in reputed hospital and left husbands rented home 2 years back with 6 year old daughter to her parents home in delhi.
3) she filed the case after 2 years of leaving the husband.
4) Her father sent CRPF commandos to threaten the Boy's family ( All gypsy nos. and officials no. noted down)
5)Girl also not tried to snap the relations with boyfriend/colleague. and to hide this, she uses different tactics to harass the husbands family.
6) Boy's family disowned the son and daughterin law after the illtreatment meted out by daughterin law.
What are the options to tackle such problem and to get out safe from the hands of protection officer who usually harass the Boy's family .
How to fight the case further.
Kindly give your opinion.