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Queries Participated

rajiv_lodha   09 October 2014 at 23:09

Framing of charges stage

It’s complaint case of criminal trespass at MM court. After prelim. evidence, accused is summoned. He appears & does not challenge the summoning orders in higher court. Pre-charge evidence completed & nothing significant there. Meanwhile MM transferred & gets replaced by a biased one. Arguments happen for framing of charges. New MM discharges the accused at this stage in orders. Case stands disposed. Questions are
1) Whether ‘appeal’ or ‘revision’ is the remedy for the complainant?
2) At which court: Session or HC?
3) Limitation period for ‘appeal’/ ‘revision’ in such case? 30 days, 60 days or 90 days?

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rajiv_lodha   09 October 2014 at 23:07

Divorce case appeal hma

Husband wins divorce case 13-1 HMA. Alimony granted 15 lac.
1) What is the appeal period for wife in HC. 60 days or 90 days?
2) If she withdraws these 15 lac deposited as draft by the husband in court, is it true that she has waived off her right to go into appeal
OR
She can get this money & still move HC in appeal for:
enhancement of alimony and/or set aside the divorce decree too?

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rajiv_lodha   02 September 2013 at 19:22

Sec 125 by minor

Minor child 8 yrs in my custody as wife left him at my doorstep 3 yrs ago. Sec 13 i a (by me) + DV case (she against me) is running. Wife got visitation in DV Int Orders, no maint/RTR fr herself. She never put GWA/Sec125.
Now I want to put more pressure upon her via legal remedies available 2 me. Can I put Sec 125 case throu minor (me as guardian); writing that she is on equal footings as we both r Govt employees, income is similar. Acc to SC & various HC rulings, both earning-parents shud contribute to child's upkeep. She is already enjoying visitation & skipping her moral & legal duty 2wards child maint etc.
Questions are:
1) Its it a right move as per experts
2) I do not plan to write that father is taking it difficult 2 rear the child by his income (as i do not want to lose custody battle...... if she ever plans after such a long delay)
3) Whether i have to produce "details" of each n every spending on the child 2 win this case down the trail?

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rajiv_lodha   26 July 2013 at 18:05

Divorce case & going abroad

I am fighting a divorce case sec 13i (a) filed by me 3 yrs ago. Its in petitioner evidence stage, moving slow. Seeing the trends of Indian courts, there are bare minimum chances 2 get timely divorce from unwilling wife (add up appeal period also). MCD is nowhere in sight for yrs 2gather. Marriage is practically dead. Apart from this case, others are:
1) DV Act case, pending for complainant’s evidence in nxt date. IOs are in my favour already 2 yrs ago.
2) Child aged 10yrs is wid me. Wife has not demanded custody in any court, only fortnightly visitation allowed in DV interim.
3) She applied 498a+406 three yrs ago as retaliation weapon, but no FIR. She did not approach for 156 (3) etc till date.
4) I do not have im-movable property. Parents have it. Mother is co-accused in her DV case.
Now I want to settle abroad, leaving the mess back. Is it possible and advisable that I shift to some other country on study visa & then PR. If yes, how to implement it with minimum damage. Remember, that wife’s attitude still is to spoil my future life if I do not take her back.

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rajiv_lodha   08 June 2013 at 17:59

Divorce case & child custody

I filed divorce case sec 13 i a, wife is contesting. Child aged 6 yrs is living with me from past 18 months. Nobody has filed formal custody case, she asked for temporary custody of child in DV case for few days in winter holidays, was granted. Questions are
1) Can she ask for permanent custody in my divorce case? Any section of HMA available to her in this divorce case OR she has 2 file separate GWA case for the same?
2) In DV case, is there any provision for permanent custody for her / me?
3) She hasn't shown any sign of custody fight so far, child going to school from past 3 yrs, she enjoying visitation only...Is it advisable 4 e to rock the supper & apply for GWA from my my end?

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rajiv_lodha   30 March 2013 at 18:48

Cross examination questions

In my cross examination, opp lawyer wants to extract answers in a way which suit him.
1) In some of his questions, answer is not simple “Yes” or “No”. Whenever I try to explain in detail he does not allow, wants Yes or No. Somewhere when I am successful answering my way, he mentions “volunteered” word in writing draft. What is its implication. Is legal weight of statement reduced when this word comes in between?
2) Sometimes he makes suggestions, then says its correct/ incorrect to suggest…..But I want to record answers in my way which is away from ‘suggestion’ lines he speaks. How 2 handle this?

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rajiv_lodha   07 March 2013 at 18:53

Mediation cell hc

Query is about matrimonial matter shifted to HC Mediation:
1) Is fee mandatory to be deposited by parties. there is no such orders from court while it shifted the matter to mediation
2) If answer to (1) is yes, whether both parties wil pay or the Boy-side only?
3) Whether mediator to be paid fee from pockets of parties?
4) If there is any kind of fee to be paid, whether i wil come to know about it b4hand, in midway or at the end?

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rajiv_lodha   15 February 2013 at 22:31

Need judgments on ta

My TA for criminal cases is pending in HC, i am opposing TA. Though I know that criminal cases are not that easy to get shifted, but want to strengthen my case with SC judgments. I cud find latest as NUPUR TALWAR VS CBI decided on 02-03-2012.
Can experts provide me other newer citations in that direction, blocking criminal case transfers? I wil be very much thankful from bottom of my heart

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rajiv_lodha   15 January 2013 at 14:31

Cross midway

I am petitioner in Sec 13 1 a case. My affidavit was submitted & some 15 documents were marked Exhibits while opp party lawyer did nt perform. After 2-3 dates, my cross started & its midway. Queries are:
1) Opp party lawyer is taking a casual approach & not interested in completing the cross. I have to take leave to attend court & return empty handed. Is there any way throu court that he finishes the cross in 1 or 2 hearings
2) Exhibit 7 & 8 are self-written letters to police long way ago in 2007 in which i informed about her threats to police as DDR entry. These are zerox copies but ARE SELF-WRITTEN. Will these letters hold legal value coz i can not get certified copies as cops are not ready to help in such an old matter?

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rajiv_lodha   04 October 2012 at 19:53

Can section of ipc be added

A applied for criminal case against B; U/S 1, 2, 3 and 4 of IPC. Its a private complaint. Judge passed summoning orders U/S 2 and 3 only.
The other party has to appear, summons served. Now A wants sec1 and 4 be added while framing of charges occurs. Is it possible to press for it?
Is it possible that these sections of IPC are added

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