ad
20 June 2013 at 12:03
Sir,
Good morning,
Earlier in my query i asked a question in deft reg. my wife files cases u/s, 498-a,406, sec.-125,sec.9, sec.18 of HAMA and sec.405,406 etc.
I have filed application for objection in sec18 of HAMA case that J.M.(First Class) has no power to decide this case, it should go in family court of akola or in Sr. Division of Akola.
but the court has rejected the application that the family court of akola has jurisdiction only for akola municipal area.
than i had filed W.P. in nagpur, who was partly allowed and H.C. asked to JMFC that how he has power to decide the case under section 18 of HAMA and return to JMFC. than JMFC had given the decision that as per sec. 15 of CPC "every suit shal be instituted in the court of lowest grade competent to try it". and the claim in this case is under his pecunary jurisdction. and also provisions of sec. 20 of CPC "a suit shall be instituted in a court within local limits of whose jurisdction, the cause of action, whollyor partly arises". and further dismiss the matter and allowed that JMFC has power to decide the case sec. 18 of HAMA.
Pl guide me urgently.
What should i do now. whether challange it, if yes than on which ground. and any other material is there to chalange it.
with a request for urgent help/advise.
Regards,
sukhpreet singh
20 June 2013 at 11:13
i have got divorce but she has put appeal in high court plz tell me that can i live with another lady in live in relation now when the case is in high court
All is well
20 June 2013 at 04:15
Respected Lawyers,
I need your help to save my family from suspected false allegation from my brothers in laws . I am from Bengali family and father is a retired central govt employee and I have an elder brother who is working in Hyderabad and settled. He had to seperate from us due to his wife who troubled us a lot and after separation, she is still creating problem. My elder brother called me and said i might jump in front of the train and saying i cannot take it any more. My sister in laws parent are landloard(Zamindar)and they keep threatning us that we will bring gunda and we know so and so SP, DSP,MLA's etc. They are from west bengal and we are settled in Hyderabad. I am currently working in Bangalore and going for final one and one meeting with there family but i doubt they might do something which shouldn't be surprise for us. Before they lodge complaint what all steps should we take so that my family shouldn't be behind the Bar for unknown reasons like harrasement, voilence. We spoke to few cops regarding this and lawyer but no use and said u and ur family will have to go to jail at any cost. If this is the case whom should i approach and what steps should i take to save my family from devils. Someone told me about GD Entry in police station that you can file a GD and suspecting a false case against ur family and notify but again depends on police officer if he is ready to take. So need opinion from expert that how to handle this case being a man when most of the laws are in favor of women.
Adv. Virendra
20 June 2013 at 04:01
I have read on internet that Rajasthan High Court, M.P. High Court and Kerala High Court have restricted the marraiges performed at Arya Samaj Temples in various ways.
Concerned news are in the links given below.
I can not find any orders of this nature of the websites of respective courts, can anybody help ?
1. http://articles.timesofindia.indiatimes.com/2013-03-09/india/37580981_1_arya-samaj-kerala-hc-hindu-man
2.
http://www.indianexpress.com/news/hc-issues-norms-for-arya-samaj-marriages/1117280/
3.
http://articles.timesofindia.indiatimes.com/2011-10-23/india/30312738_1_bad-marriage-parents-object-solemnized
simi
19 June 2013 at 23:45
I am posting this for my friend who is going through lot of emotional turmoil of divorce from an abusive and controlling husband. She lived with this man for twelve years. she has one child of 10 years.
he used be physically violent. and a year ago she caught him cheating on her with another woman. she no longer want to be his wife. They both live and work in foreign country. The husband has properties ( land ) he had purchased in his name in india. her salary was primarily used for running the household while he used his money to acquire property in india. Can she claim right to these properties because he didn't do the duty of running the household expenses.
because she is working, is she eligible for ailmony? She has never seen or doesn't have access to any of these land records as these are kept with father in law in india. The divorce will be mostly done in the foreign court because of the travelling difficulties. Because he is such a cruel person, how can she make sure that her son will inherit his rightful part of property.
Can she make the cheating husband pay for her divorce proceedings. He is trying fool her by saying they can file for divorce by mutual consent and he will give her a sum of money which is not not at all a good amount. He never disclosed to her the location or size of the lands he owns.
I would appreciate any help.
thanks a lot.
c. shah...
19 June 2013 at 23:25
Earlier, Wife had filed a petition u/s.13(1)(ia) of H.M.Act through power of attorney of her father.Now,Wife has given power of attorney to her father for proceeding of MCD in family court. In the application of converting petition from sec.13(1)(ia) to sec.13B of H.M.Act,wife's name is mentioned as a applicant but there is no name of power of attorney holder(wife's father).Then, the converting application was signed by wife's father and husband himself. Now, the judge has granted permission/order to convert the petition from sec.13(1)(ia) to sec.13B of H.M.Act. Can husband challenge the order passed by family court by showing that there is no name of power of attorney holder(wife's father) in converting application but the application is signed by wife's father? How?
Hukum Singh
19 June 2013 at 22:58
Wife told my salary Rs 19,000 in 125 crpc
I replied that presently I am unemployed.
Now how can she prove that I am working and earning.
Actually, I changed my job to some other company.
sukhpreet singh
19 June 2013 at 20:37
i have got decree of divorce and now she has put appeal in high court and for harrasment she haas also filed case under 406 and 498a .she is harrasing me so that in under pressure i will agree and again adjust with her and marry her but i didnot want such..plz suggest me is there any type of case i can file on her and her family members for harrasment of them.. please please suggest me
Rahul Sharma
19 June 2013 at 19:54
Dear All,
Can you please help me with below set of questions in mutual divorce, after 498a/406 FIR
What is the procedure of mutual divorce and quashing of FIR
Is FIR quashing done before divorce proceeding or before second motion or its only possible after Divorce.
How to give payment and I mean mode and at what all stages.
Is giving first part payment at CAW advisable at your end.
Please help with above questions and clear the doubts.
Regards,
Rahul
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Advocate appointed by power of attorney holder
A party(wife) is living in foreign country. She has made power of attorney to her father for Mutual Consent Divorce case in family court. My question is that can power of attorney holder (father of wife) appoint advocate behalf of party (wife)?