Rajendra Shamsundar Zade
05 December 2016 at 12:30
How to make a will in Marathi format please sent a draft on my email id
Amit
05 December 2016 at 00:51
Hi, Is it advisable to marry a non divorced girl at a stage when her divorce is under consideration in court. I am legally divorced and I have faith in her. If yes please suggest a safe method.
Thanks- Amit.
Gagan Souri
04 December 2016 at 23:30
Hello LCI,
Brief:
PW1, PW2, PW3 – Complainant/Father/Mother gave their version in Chief, then defence counsel cross examined.
Remaining Witness 3,4,5,6 & 7 all are absent.
Other Witness8 is SI and is IO for part. And the last witness9 is CI and is IO for the overall case. The witness8 & 9 failed to give their version in chief when countered by my defence counsel
It is almost favour case for defence (accused victim no.1 in this 498a case)
No question of defence evidence rose as such there is no successful by prosecution witness
This evidence may be very much helpful in defence evidence if prosecution witness were successful.
Query:
Evidence not marked/exhibited in 498a case can be used for criminal defamation
Thanks
Anonymous
04 December 2016 at 19:30
Hi All
Family court has ordered interim maintenance of 10k per month. I have applied for stay in HC.
Now I have got a notice under CRPC-125(3) for "vasuli" of 30k. I have been asked to be present on the a certain date this month.
What should I do now?
Is it possible to file 125(3) for interim maintenance?
If I have applied fot stay in HC, can 125(3) be still initiated against me?
How long it will take before court issues a warrant against me?
I went through a lot of articles on internet regarding "vasuli" and also spoke to my lawyers, but it is still not clear to me how vasuli is done exactly. Request experts to kindly throw some light on the same.
Nihal
04 December 2016 at 18:31
Sorry for being ignorant on the subject but what is the legal process of obtaining divorce under muslim law...is saying talaq thrice acceptable or is thier any other official way to do so
HARI GAUTHAM
04 December 2016 at 17:50
Dear LCI Members
Facts:
W1/W2 – told story according to FIR (de facto complainant and Mother)
W3/W4 – HOSTILE (neighbours of matrimonial home)
W5/W6 – ABSENT ((neighbours of de facto complainants’ Parental home)
W7/W8 – (SHO & CI) SHO failed to answer the facts of story & CI was silent when Questioned by Defence Counsel & Judge
Evidence I have:
1. Communication (through courier and Regd Post) made to de facto complainant to join me before filing of 498a case. In this few were rejected and few were accepted by her. After the writing letters to join me only the 498a case was filed.
2. In a OP (divorce) case filed by de facto complainant, she herself filed an advance petition in above OP (divorce) case to marry (second marriage) without giving notice to husband (respondent). However, the petition is dismissed.
3. LIC policies (2) taken on her name, before filing of all 3 cases against me.
4. Facts of story, dates, allegations filed in 498a case is different from Divorce case and Maintenance case
(all 3 cases filed by de facto complainant only)
5. Copy of Marriage certificate of de facto complainant that she was married before filing of charge sheet in 498a case.
The second marriage also was not revealed by de facto complainant in the cross and not even cross examined by our Defence Counsel during cross exam.
Now my Query:
When prosecution witness is in favour of defendant, can we file defence evidence in 498a case, if so what to file according to the evidence i have as mentioned above
Thanks in advance
Syed Sadiq Hussain
04 December 2016 at 16:45
I was placed under suspension by an order dated 24/02/2012. Thereby, as per the order dated 02/03/2012, the suspension order was revoked suo moto by the authority which had ordered the suspension.
According to circular instructions of the Government under which I am working, an order of suspension will not come into effect unless the concerned employee is relinquished of his duties and he hands over the charge of his post.
However, the head of my office had never relieved from my duties on and after the suspension but before the date of my reinstatement. The head of my office was punished, by means of his transfer, on the charge of allowing me to attend my duties even after the order of my suspension. This aspect is covered in the order of his transfer, issued on 25/05/2012, i.e. after the expiry of a period of 3 months from the date of suspension order.
A false charge of unauthorised absence was made against me. The same is held to be proved by the EO, based on the oral witness of an officer immediately superior to the head of my office. Attendance Register was neither included in the Annexure-3, list of documentary evidences, nor was summoned by the EO during Enquiry.
Similarly, one more charge was made against me to the effect that an officer of the office of the Head of my Department had conducted an inspection of accounts of the office in which I was working and I had refused to produce the concerned records for inspection.
The alleged inspection was conducted on 22/03/2012. On that date the Head of my office was not present. Accordingly, the officer had deposed before the EO, stating that he was out of station from 22/03/2011 to 26/03/2011. As such, he was unaware of the incidence took place on 22/03/2012.
Quite contrary to this statement, another PW has deposed against me stating that he was accompanying the inspecting officer during the inspection conducted on 22/03/2012. The Head of my office was also present thereat. He had asked the Head of my office to produce the record for inspection. Accordingly, the Head of my office had replied him that I was the custodian of the records.
The said PW was the employee of the office of the Head of my Department, situated State Head Quarter, 500kms away from the place of incidence. As per the Attendance Register of the office in which he was working he was present on his routine duty on 22/03/2011.
The Travelling Allowance Bills of the Inspecting Officer reveal that the person who was accompanying him during the alleged inspection, was a person quite different from the person who had deposed against me before the EO.
In fact, the entire proceedings were carried against me in an inherently conspiratory manner, with the collusion of the Disciplinary Authority, the EO, and the PWs.
Therefore, the experts may be pleased to guide me about the remedy to be sought by me, since I have been retired from service compulsorily from 24/05/2015 and the Appeal preferred by me during Aug-2015 itself is yet to be disposed of by the Appellate Authority.
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