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Queries Participated

Chetan   21 August 2010 at 14:15

Agreement // Contract

That A,B,C purchased a land for the purpose of Layouts but the A & B wants that C should not sell the plot of his share without the consent of A & BWhat type of agreement shall I have to make for that purpose ?Whether it will be lawful if yes pls provide provision And also post the draft of said draft Thanking uRegards

Meghal M Shukla   09 August 2010 at 01:06

Sec.138 of NIAct.

Notice given for three cheques u/s,138 of NIAct,then one cheque is lost so complain can file u/s.sec.138 of NIAct with two cheques.

Anonymous   08 August 2010 at 22:35

divorce

Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.

My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.

So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.

Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.

Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.

Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".

Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.

Anonymous   08 August 2010 at 21:39

False complaint and FIR

Respected learned friends,
What are the consequences of false allegation and consequently lodging of FIR?
What consequences/reciprocations can be brought against the false complainant/FIR lodger so as to give a befitting reply?

Member (Account Deleted)   08 August 2010 at 21:30

False 498A

I want to know the procedure for trial of a 498A case. we came to know of the charge against us when police came to arrest in July....what is the way forward chargesheet is not yet filed.

The case filed against me is false and I do not want to enter into any compromise with my inlaws and want to fight back in court. I want to know normally how much time it takes for the decision in a 498A case.

The had just mentioned in FIR that they spent 12L in the marriage though thats a exaggerated figure and second charge is that we asked for 20L from them and sent the girl back to get the cash.

third accusation that we have kept all the streedhan though she had carried all along with her so attracting sec-406.

fourth that we used to misbehave with her.

As witness they have written in the statement the names of her chacha, father , mother , and a neighbour as we asked 20L in front of them.

Though the facts are incorrect so I wanted to know how relevant are the statements of these people if they being from their side saying that we asked for money though its certain since they being related to them can say anything.

we have proofs photographs of a week before they mentioned we threw her out of being happy and wearing all her ornaments tht they have said are kept by us.

A bit concerned as want to know if the other party gets false statements from their relatives what is the defence available to us.

Anonymous   02 June 2010 at 23:43

498a victim

hello,
my wife have submitted some forge bill of purchase of jewellery in court which is duly signed and affirmed by that so called jeweller and my wife.

Now I want to file a cheating case against her, that she has submitted forge bills.
What I want to know is...... whether I can file the case right now or wait for her evidence in her cross.

Anonymous   29 May 2010 at 12:41

husband has left the house for the past 10 years.

Sir
husband left the house 10 years back and living in haridwar as an saint.wife and grown up children staying in the house (in delhi)purchased by the husband and also on his name.Wife want to transfer the title on her name because husband threatens to sell that house.Also husband is a pensioner and not giving a single pie to his wife or chidren.I have two questions from the learned lawyers.
1. Can wife or children file a suit for claiming the house in delhi which was purchased by husband on his name but the document are with wife.
2.Can wife and her children claim their share in pension.
Thanks

Amarita Kaur   15 May 2010 at 14:49

PLEASE HELP

Dear Sir:
Please advice me......
one of my client is 32 yrs old.. She got married in 1998 of that wedlock she has a son who is with her and is 10yrs old. She got divorced in the ys 2005.Son stays with her nd her parents . In 2009 she got married to a person who had kidney transplant some five yrs back.
Her son stays happily with her parents now.
This guy is on medicines and got biopsy just last month again for his creatine was 1.9.
He is very shaqqi ( never trust her) type of guy. alsways blame her for even coming by bus. he says "tu yaaro k sath atti hai " fro smaal reasons he use abusive words in front of his parents. he becomes so hyper that once he broken his wrist even. His parents always takes his side and also start saying that they would call police and complaint that his son nd daughter in law is fighting. This tym he said to his son to get himself injured and thn they would blame their daughter in law for this(kehte hai beta tu pane ko maar le thn hum iski life kharab kar denge) they even say that (tera creatine bad raha hai to hum bahut se caim karege)
They dont let her go to meet her son even. She is just very much scared but dont want any police case to be initiated now as she says she has already gone through this pain earlier and want to adjust somehow with him.
Kindly advice what all she should do to safe herself as her inlaws says they would make her life miserable after their killing thier son. .
Please advice as she is realy tensed about herself anf her son .
also note that husband doesnot give or spent a peny on her wife except for giving her food . Its only that she earn that she is able to meet her basic needs.
HELPPPPPPPPPP PLEASE

Amit Kumar   15 May 2010 at 14:05

expalin the rule / law : u/o. 151 CPC

u/o. 151 CPC

ABHINAV JAIN   15 May 2010 at 13:08

where to find judgement

the judgement ManaV. Kalyan and is reported in "1966 RRD 250".
Here RRD stands for Rajasthan Revenue decisions.
I was able to procure the said book from the high court lib. rajasthan but the book had a number of pages missing from it including the pages of this decision.
if anyone has knowledge where on net i could find the same plese revert the address or if possible e-mail the judgement on the followind e-mail id- adv.abhinav@indiatimes.com.
Thanks in advance