Anonymous
02 October 2010 at 18:54
Facts: Husband files for Divorce on grounds of Cruelty say in Pune.
Wife files for Divorce after about 20 days in Delhi on the same grounds of Cruelty.
Wife then files a TP in SC during the vacation and gets an ex-parte stay for proceedings in Pune.
Husband yet to file a WS at Delhi
Question: Is it possible for the husband to pray for a stay on proceedings initiated by the wife at Delhi without filing a seperate TP. Such prayer for stay is it possible to make in the counter affidavit / reply to the Transfer Petition of the wife or by way of moving a Notice of motion?
Answers are solicited from those well versed in proceedings at the SC and an ernest request to all please desist from academic flirting just for the sake of answering the query
Thanks a lot to all those who'd choose to answer
Anonymous
26 September 2010 at 14:08
my 17 yrs old neighbour was having an affair with 14 yrs girl of our own locality.the parents of the girl came to know about and the police arrested the boy on the fir lodged by the parents of the girl and the boy was booked under 376 IPC. this is a matter of 2008. the boy was arrested and released on bail. now after two years the parents of the girl are worried about thwe future of the girl. as the juduciary system of india is so late that when this mater wil be started at court the girl would be at her marrital home( as assumed observing the delay of the court it may take 10 yrs)and we know the mentality of the indian middle class society, if the news of her having such case spread in the society her marital life wil be destroyed and the comments of the people wil compel her to choose death rather to living.
now the parents of the girl want to setle the mater out side the court.
1. is there any provision where the matter may be solved within few days
2. i have heard about the quashing of FIR can this matter also quashed
3.if the FIR can be quashed then what do the party need to do, and wgo may approach the court.
4. what are the formalities and requirements for quashing procedure.
5. can fast track court do this.
do this facts has a solid base to be quashed as the matter was not the original rape scene a like movies but it was the love afair between the boy and the girl..though it is wrong but we knows it prevails in the school and society...thanks to the modern tv programmes and media for this.
please suggest as what can we do now it is a matter related to the future of a boy and a girl.
Anonymous
22 September 2010 at 12:32
I FILLED A SUIT UNDER 138 NI ACT.BUT I DID NOT ENCLOSE TALBANA OR PROCESS FEES WITH COMPLAINT.THE MEGISTRATE WHO ISSUE THE GOT TRANSFERRED AND MY COMPLAINT GOT TRANSFEERED TO OTHER ONE.WHEN I WENT TO DEPOSIT PROCESS FEE HE WILL TAKE IT WHEN NEW ORDER WILL BE ISSUED.AND ON THE DATE HE DISSMIS THE COMPLAINT FOR5 NON DEPOSIT THE PROCESS FEE ON BACK OF ME.I I DEPOSITED WITH THE APPLICATION TO DEPOSIT ON THE SAME DAY.AND HE PASSED THE ORDER'THAT THE RESTORE APPLICATION IS MOVED AND FIXED FOR ARGUMENTS ....ON THE NEXT DATE HE GOT TRANSFERRED AND NEW ONE SAYS THAT HE DONT HAVE POWER TO RESTORE .....KINDLY TELL ME WAT TO DO NAOW
Anonymous
20 September 2010 at 12:10
dear sir, is IDBI BANK nationalised or not? bcoz they recently, advertised the facilities free from atm charges,cheque book, dd's, and zero balance?
ksvrajuadv
20 September 2010 at 00:13
Hi Experts,
I have two enquiries,(1)I filed case u/s 125 crpc in April 2006,JMIC orderd Rs5000/ as an interim maintance on November 2009.I filed execution from 2006 to 2009 in Feb 2010.can i claim previous maintancefrom 2006 to onwards.It is cardinal rule that execution filed yearly,can JMIC dismiss it for over period payment.(2) opposite lawyer did not file reply of above said exection till date,he always took date on one plea or another.what is remady of it.
Thanks & regards
varinder
Shambhu
19 September 2010 at 21:33
We have an employee who has cheated our company to the tune of Rs. 1.50 lakh. FIR is lodged; however, police has not called him in the last ten days for investigation and custody.
The Accused employee is not picking up any calls nor available is at his residence. Police asking us to locate him. My question is : (1) What is the Company's remedy against Police; (2) Can the Company publish a public notice in the local newspapers in English & regional language that the employee has cheated and absconded and he should not be dealt by general public as company's employee and anybody having his knowledge be provided to company. I need proper legal solution and guidance on both the aspect urgently.
Swathi S Bhat
14 September 2010 at 14:08
Sir,
I am going to file a petition for declaration under G&W Act. Maternal Grandparents are filing this petition to declare them as guardians of both the person and property of their minor grand daughter(9 yrs). Their daughter died leaving behing a female minor child and father of minor child is not at all taking care or maintaining her. The minor child is in the custody of her maternal grandparents from her birth itself. Now my Q is both the minor and applicants are the residents of Mysore and the property is situated at Davanagere. According to G&W Act, the jurisdiction for filing the petition will be the place where minor resides[Section 9(2)]. I got the information from my colleagues that the jurisdiction comes to the place where the property situates but the Act is very clear what I stated above. Therefore I am in need of RECENT decisions of any H.C. or S.C. to this point. Plz help me. I am also searching the decisions and I got AIR 1963A.P.93 AND 1999(2)Civil LJ 609.
Anonymous
14 September 2010 at 13:55
I have file Private Complaint under sec.312,313,315,M.T.P. Act.5(3),120(B),34, and 114 against my wife and my In-Laws..
Short Summary of Matter..
My marriage date is 30/11/2008, my wife was Pregnant with in month, on 30th Dec 2008 she told me i have doubt, i m pregnant, we go to concern doctor for checkup, Dr. was confirmed that she was pregnant..
After that she told me that she doesn't want continue with pregnancy,she wants to Abort my child. i told her, request her pl don't Abort the child, but she is not ready for that..even my In-Laws support her for Abortion, she Abort my child after 12 week with out my concern,without any expert opinion,..
that time i was file complain against my wife and In-Laws for illegal Abortion, but police didn't take my complain in register, investigation is not proper, they take the statement of accused and accused denial the same..after long time I have ask the concern case paper to the police..
getting document of my said complain I m very much surprise, police didn't not proper investigate my said complaint.. finally i decide that i have to file private complaint against all the accused..
and y'day i filed my Private Complain in court..Magistrate Passed the order for police report as per the C.R.P.C S. 210..
Is it Proper..Pl give me some citation for the said matter and give me expert Advise..
Regards,
NAYAN JOSHI
by the police investigating officer
Anonymous
14 September 2010 at 11:18
In the year 2008 one of my friends brother was arrested u/s 376 IPC. the matter was totally political. which was latter on mutually convienced among both the party, now i want to know is whether the FIR lodged can be quashed under 482 CrPC, the case has been not began in court now. and Is the filing of petition for quashing of FIR is bounded by limitations.please suggest
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Immigration covering letter
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