Makarand
15 June 2009 at 22:35
My wife has filed a petition for divorce and maintenance. She has left the house since last one and half years along with children. She is living with her parents with our children.She has taken all the belongings and valuables alongwith with her. She being an advocate, and knowing law, is harrassing us a lot. My father and mother are constantly falling ill, due to this pressure. Many of my relatives including me have tried to resolve the issue. But, she being very egoistic doesnot listen to anybody.Now she is claiming in her divorce and maintaintence petition a very huge amount, basically to harress us and take maximum money from us. I want the custody of both the children(daughters), since she is not concern about them. I have many a times told her to forget the ego for the sake of children. But, it seems she has found her conterpart there and hence not ready to come back to me.One is 7 years of age and other is 3 years. She has gathered many false evidences and charged allegation of adultry and cruelty. She had also filed an application in police while leaving allegating me and my parents that we wanted to kill her. But, the local police on enquiry found the application as far from truth. Even her parents are supporting her. It is very clear that their intentions are not good at all and they are doing so with the sole intention for money. I am living with my parents. I am the only son. The house is in the name of my father. It is constructed on ancestral land. Please advise me as to what stand I should take?
Ria
13 June 2009 at 18:06
Respected experts,
My matter has been transfered to the fast track court after 5 years and due to failure to cross examine me for 3 years, failure to pay maintenance since 10 months and failure to appear in the court for consecutive 6 hearings, I applied for exparte order from the fast track court (Iam appearing party in person).
My husband or his lawyer did not appear in the court even after the court issuing a notice for appearance, therefore the judge is ready for granting me exparte order, and has asked me to file a fresh affidavit in evidence.
Please let me know the procedure after the grant of exparte order by the Hon'ble fast track court.
Legal Fighter
13 June 2009 at 10:15
I urgently need a certified copy of judgment in respect to the below news in "The Hindu" dated 16.05.2009. Can anybody help me getting the certified copy of the same. I am ready to pay the charges incurred for the same. Pls help me.
Victim cannot seek remedy under two different enactments for same cause: HC
Mohamed Imranullah S.
As a police complaint had already been filed, cognisance cannot be taken under Domestic Violence Act
MADURAI: Judicial Magistrates cannot take cognisance of a complaint under the Protection of Women from Domestic Violence Act, 2005 if the victim had already lodged a complaint with the police under the provisions of the Indian Penal Code, the Madras High Court has ruled.
Disposing of a petition filed in the Madurai Bench by a family from Dindigul, Justice V. Periya Karuppiah held that a victim could not seek remedy under two different enactments for the same cause of action as it would amount to double jeopardy which was prohibited under the Constitutional law.
The Judge also said that a woman could not demand action, under the Act, against her in-laws for writing a letter to her husband’s office seeking his employment details. He agreed with petitioners’ counsel N. Veera Kathiravan that the complainant would not be in anyway aggrieved by such a letter.
An aged woman, her daughter and son-in-law had filed the present petition seeking to quash an order passed by the Dindigul Judicial Magistrate-II who took cognisance of a complaint lodged by the former’s daughter-in-law alleging that the petitioners assaulted her and also wrote letters to her office and that of her husband.
“Apply mind”
Stating that the mother-in-law alone could be prosecuted for writing a letter to her daughter-in-law’s office, Mr. Justice Karuppiah said: “When a complaint is filed under the Act, the lower court must apply its mind and ensure if the allegations attract provisions of the special enactment. But in this case, it has been taken on file abruptly.”
The Judge quashed the case with respect to the victim’s sister-in-law and brother-in-law on the ground that there was no evidence to prove that they assisted in writing the letter.
In so far as the allegation of assault was concerned, a complaint was pending with the police and hence the victim could not invoke the 2005 Act, he said.
Jagesh Shah
08 June 2009 at 21:24
For an HUF having properties in two states, whilst division one member getting the property in Mumbai and the other 4 getting an undivided share of a property in Vapi, Gujarat.
Kindly guide as to -
1. Should the partition deed be executed fully encompassing both the properties in one deed, or two deeds so as to facilitate the registeration and transfer of these properties differently in both the two states?
2. What would be registeration charges on these properties - Full rate of 6% or a differential lowere rate?
Khaleel Ahmed
07 June 2009 at 17:49
Why Hindu citizenz of India protest against the present law of dissolution of Hindu Marriages. Some easy procedure to be adopted by making necessary ammendments in the present law.
Do Hindu brothers think biganmy should be permissible, instead of illegal affairs?
kaushikphm
06 June 2009 at 19:49
Dear Sir,
My sister and myself plan to partition a house in chennai.Could you please provide partition deed in tamil.
Kamal Grover
04 June 2009 at 12:03
We are Advocates in Punjab and Haryana High Court at Chandigarh.
I am having two three cases related to Banglore High Court and some family courts.
Therefore I need some experts in different fileds who can become my Partners over there. Plz send me the detial of some leading lawyers if you know anything about Banglore lawyers alongwith contact detail.
We are Internaional law firm, head office in Delhi so many people all over the world approach us for thier cases. Plz also send your concent for association. Plz email me on adv.kamal.grover@gmail.com or contact me on M:09814110005
R. K. Shukla
31 May 2009 at 12:49
What are the minimum age for legal marriage in various laws?
R. K. Shukla
31 May 2009 at 12:46
Whether a husband can demand the salary of his wife ? Whether he has any legal right in this regard?
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