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Queries Participated

kavkaz   30 June 2012 at 10:51

Wife not ready to reconciliate

My marriage is 1.6 years old.

Now,

After the dismissal of RCR filed by my wife, will there be a monetary or any other sort of risk for me to file a divorce petition?

What should be strategically mentioned in the Prayer of the above said Divorce petition?

Will it be a safer play for me, if I file the above said Divorce petition with Prayer as "I am even now ready to take her back but if she is not ready to come then she should relieve me."?

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sybash ganguly   10 August 2011 at 20:35

Maintenance to wife

1) I am giving Rs.18000/- per month as maintenance to my wife and 2 daughters and they are living in my house. Can the court give order for more money as against the case filed by my wife under 125 crpc for maintenance Rs.22000/- per month. My salary is Rs.55000/- per month net after deduction. I am living alone in a seperate house for last 3 years. I am a heart patient. Had 2 time angioplasty. They do not take care of me.

2) Is there any such order passed by SC as "not maintainable" considering my situation. If yes, Case No. please.

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Dr Anil Kumar Singh   09 August 2011 at 19:21

Compromise between parties in a case under sec 420, 467, 468 of ipc agreement signed

There is a cse under sec 420,467, 468 of IPC. Police has filed a chargesheet in court , where as the parties have reached to a compromise and agreement is signed between them to withdraw the case. The complainant does not want any action against the accused. Court not ready to accept the application. What is procedure/ruling to put an end to the case.

Dr Ak Singh, Advocate

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jach000019   02 August 2011 at 16:25

power of attorney

AS A EXECUTOR I HAVE TO APPLY FOR THE PROBATE IN MUMBAI SO I THINKING TO OBTAIN THE POA OF SOME OF THE OTHER LEGAL HEIRS WHO ARE LIVING OUTSIDE OF MUMBAI IN OTHER STATES.MY QUESTION IS THAT :

(1)ONLY THE REGD. POA WILL BE REQUIRED TO SIGN ON BEHALF OF THE ABSENT LEGAL HEIRS IN THE CONSENT OF PROBATE OR NOTARIZED POA ON THE STAMP PAPER WILL DO.

(2) POA OF MUMBAI WILL BE REQUIRED BECAUSE ASSESTS OF WILL ARE IN MUMBAI AND WILL ITSELF IS OF MUMABI OR POA SHOULD BE EXECUTED AT THE PLACE WHERE OTHER HEIRS ARE RESIDING.

(3) IF I WILL GIVE THE CONSENTS OF THE OTHER LEGAL HEIRS THAN WILL IT BE REQUIRED TO GIVE THE PUBLIC NOTICE IN 2 LEADING NEWS PAPER OF THEIR STATES WHERE THEY RAE RESIDING.

(3) IF I AM NOT SUBMITTING THE CONSENTS OF OTHER HEIRS WHILE APPLYING FOR THE PROBATE THAN HOW MANY DAYS NOTICE PERIOD WILL BE THERE FROM COURT'S SIDE.

(4)IT WILL TAKE HOW MUCH TIME TO RECEIVE THE PROBATE IF NOBODY IS CHALLENGING THE WILL.

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SUNIL   02 August 2011 at 11:34

is my brother to be punished under law/

HI,

My younger brother fell in love with a girl since last 7-8 years.Now girl is being pergent.... she is going to police station and want to make a case against my brother.... my brother not want to marry her? so what is the lagal punishment against my brother.

Reply me ASAP.

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jach000019   01 August 2011 at 20:28

partition suit

MY FATHER HAS EXPIRED AFTER LEAVING BEHIND HIM THE UNREGD. WILL BEFORE 12 YEARS NOW ONE LEGAL HEIR I.E MY BROTHER IS MAKING SOME DISPUTE OVER THE WILL EVEN AFTER EXECUTING (AFTER THE DEATH OF MY FATHER) NOT ONLY THE CONSENTS FOR ACCEPTANCE OF THE WILL AND N.O.C FOR TRANSFERRING THE ASSETS TO OTHER LEGAL HEIRS AS PER THE WILL BEFORE THE NOTARY WITH NOTARY BOOK NO. SO NOW MY BROTHER HAS ARRIVED ON SOME SETTLEMENT POINT SO
(1) FOR SETTLEMENT THE PARTION SUIT CAN BE FILED IN THE COURT EVEN AFTER WILL IS THERE?
(2) WHO WILL FILE THE PARTION SUIT, CAN MY BROTHER FILE THE PARTITION SUIT?
(3) WILL THE PROBATE WILL BE REQUIRED EVEN AFTER THE PARTITION SUIT.
(4) IF THE DECREE IS ISSUED IN THE PARTITION SUIT THAN DECREE WILL BE ACCEPTABLT TO ALL THE SOCIETIES/TRUST/CO. FOR GIVING THE TRANSFER EFFECT TO THE ASSET OR STILL THEY WILL DEMAND THE PROBATE SINCE WILL IS THERE.
(5) IN THE PARTITION SUIT THE ENTIRE LEGAL HEIR CAN PARTICIPATE OR IT WILL BE FILED SEPARATELY?
(6) IN MUMBAI WHAT IS THE COURT FEE AND HOW MUCH IT IS REFUNDABLE?

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Out of Court   01 August 2011 at 19:06

Attention: only Experts/ Members of LCI

Dear Members...

Sometimes it happens that the querists send via email/ PM their case details in writing or therewith attached the Court Proceedings papers for the guidance/ advice ...Pursual of the same requires to be printed on papers( that can be less in numbers as 5 pages or may be more than 100 pages) which contributes to monetry burden on experts in taking print outs of the same for reading and advice .... Now a question arises whether in circumsatance aforementioned is it reasonable to ask some money in terms of consultation fee to cover those reasonable expenses? Whether LCI has any provision for the same .. ? Members are requesrted to add this query by their valuable suggestions...
Thanks and Regards
Ajitabha Pandey
Out of Court
A Complete Legal and Paralegal Solutions...

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Rajan Singh   01 August 2011 at 10:11

Visitation rights

Dear Sir,

I am facing a major issue w.r.t visitation rights of my child. We got divorced in August 2010. My ex-husband resides in USA, due to which initial settlement took long time, when warrant issued against his family here he came to india for settlement. during agreement it was decided that when he visit india he can meet our 8 yr old daughter every sat/sun for 8 hours. i was not agreeing to this but my lawyer told me there is no option either i agree or lose custody of my child.

Now the problem is , he is come back here and every sat/sun he makes us sit for hours and hours in the name of visitation rights. I am a single mother taking care of everything. A house was named for child from which i get a monthly rent of 15,400/- which is the only compensation i had got out of this settlement.

In the name of visitation rights both of us are thru mental harashment with this man who was an abuser and daily drinker. My child and me go and keep sittting hours and hours without speaking even a single word. What legal remedy is available to me. I will go mad , if i have to continue like this till she becomes 18 yrs of age , as i was told she is minor so her say has no value.

It is become an ordeal for us every sat/sun we have other important work lined up which i am unable to do.

He threatens us and says whether she speak or not she need to sit in front of him as court has given him this right.

Please help me ! whenever i speak to my lawyer he says no option you have to bear , though i heard where vistiation rights restricted to once a month of so why in my case he is acting in this manner.

Please advice me!

Regards
Madhvi

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Rajesh Ghadge   28 July 2011 at 13:03

Defemation under section 499 & 500 CRPC

what are the exemptions in the defamation case. I am the accused and the complainant is the practicing lawyer. I paid Rs. 4000/- to the complainant on his demand to solve one issue related to the third party and then the same was mentioned by my lawyer in my written statement and rejoinder. Now this lawyer to harass me filed the suit on me since the transaction was mentioned in my written statement and rejoinder.kindly help me by giving me the exemptions applicable in the law to come out of this issue. I will submit more details if necessary.

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Anonymous   27 May 2011 at 20:23

value of professional dignity

Dear Sir,

My Son got married by mistaken with a prostitute but when he come to know about her her remorsed from that day she is constantly blackmailing him.

he underwent into counselling, and appointed mediator a judicial lawyer to come out from the matter and worst relation.

finally that lawyer only filled A DV case against my son and through manupulation passed interim. he had given few evidences in the court but court had ignored and send the matter for mediation.

lawyer of my son refuse to submit the evidences of the female lawyer mediation as she is manupulating things.

she is trying that my son should stay with her and foster her child whether she is doing wrong things. she is telling child born after the marriage is the evidence that the child is his and taking corners to escape despite my son has given evedences that his wife had consented that the child issomeone else. but court is saying it may be due to depressed mental state.

what is professional ethics of a lawyer despite mediation and evidence submission she not only filled a case and trying to send wrong women in a family.

we had even offered alimony she replied alimony will gets over soon but she want life long money.

my query where can I file complain against lawyer and her antisocial activity. we have sufficient evidences but use of them is zero.

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