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M. H. KUMAR   18 October 2016 at 21:45

498a

me and my parents and brother are facing false 498a case from past 2 years. My wife claimed to pay 15 lacs (in three parts) of cash dowry without any basis of transaction or her father's ITRs (which does not support this claim). She rejected in court to have any medical examination against alleged violence (hot oil poured at her in kitchen) and also said we used to beat her with hands and wooden rod. she does not have any dowry evidence except two of her close relative produced for fake statements and the fake bills (without CIN/TIN no.). kindly suggest in the matter that how far her claims will stand in the court. also suggest for any precaution / and things to be taken care at my end.

Further to it, She already lost the Domestic violence case (was running for almost one year - almost 24 hearings) against us seven months back in diff court saying "Court waited but she did not attended the court till the evening. Case is closed because of default at her end"

I will be grateful for your help !!

m anand raj swamy   18 October 2016 at 21:27

Expedite civil case

A judgement against land encroachment had been ordered by Munsiff court and the Petitioner has filled appeal against the judgement in sub-court.Since the land has to be sold for my daughter marriage.Can I approach any higher court or the sub-court to expedite the case?

Anonymous   18 October 2016 at 19:47

Regarding government jobs esp. Upsc

My friend has cleared the UPSC prelims 2016. Last week he was caught for drink and drive.no damage was caused to either the people around or property and even him. The cops registered a FIR and i bailed him out. Next day taken to the court pleaded guilty and paid fine.He is in a lot of depression has worked a lot for the exam.The cops and a couple of lawyers around said this will not affect it as it does not have an element of moral turpitude.what is that and can anyone confirm about it. Will he be disqualified.i cant see him this depressed. Hes extremely intelligent .can anyone help him out please

AK Misra   18 October 2016 at 19:42

Cheque bouncing

Mr.Dhingra no one ask hypothetical questions.

In the present case a housing loan is repayable by 285 EMIs.No one gives that number of Cheques.Banks do take few Cheques as per their tendency.

Bank has initiated legal recourse under SARFaeSI/DRT . My simple question is that whether filling one of those cheques for entire outstanding amount which runs in lacs and getting it bounced makes a sustainable case under Section 138. What is the status of that Cheque?Whether it makes a Security to Banker?

I wish to have legal clarity with few citation cases from my learned colleagues. Thanks

aslamskhan   18 October 2016 at 15:18

Caes filed against employer

Respected experts,
It is now 3 years and my case is not solved till now.
matter is only 3months salary and last my appointed advocate who is percentage on recovering amount, till now able only ask for
production of document and affidavit consenting 3months salary.
Now every time from 6months the c.o.c give one month date and it is remained unsolved in
Bandra labour court.
please advice.

bipul   18 October 2016 at 13:17

Wife left me with baby as fil took her with himself.

Before august 2016 I was working in kolkata. I took transfer near my native place. wife was not willing. father in law came from delhi to kolkata. wife went to delhi with father in law took our only bellow 3years daughter with her.

Indetails- fil retired from highly influential govt job (he worked as diplomat). having flat at delhi and kolkata. my wife is his only daughter. I am from a BPL background but somehow managed to complete engg degree and doing job in a psu.
marriage before 5 years. problem was from very beginning, root cause difference in family background also philosophy of life. wife and in-laws wanted to cut-off financial supply line from me to my parents and other siblings. that was never supposed to be done by me. inlaws in the first 3 years came to my quarter and stayed for 2-3 months. their only objective was to cut off the supply line. but they failed, in the process wife did her best by denying me sex.
but nothing happened in their favour. within two years my daughter took birth. (do not forget for birth of baby one time sex may be sufficient).
after birth of baby one day argument with fil broke out regarding their past behaviour (after birth of baby inlaws stayed in my quarter for 3 month). they hatches conspiracy in my absence in quarter to implicate me in court case(audio record). wife goes delhi with pomise to return within 3 month but does not come. she tells me she is preparing for job at Delhi. I send her ticket and money to return, as a result she was forced to return. but after her return she started all kind of misbehaviour with demand of divorce and maintenance.
she did everything from threatening to beating , throwing salt on my eyes (baby was on my lap ) to attacking me with knife, beating the baby to harass me or may be thinking if I react then she will get an opportunity to frame me in court case. some of the incidents has been video recorded. in such situation nobody can imagine about sex. baby got health issue. was not able to stand on her feet. went to physiotherapy, around 8-10 months of physiotherapy only by me baby now can run. wife never did physiotherapy for a single day.

about my transfer to my native place, I discussed with fil and wife in length and breadth. BUt due violent behaviour and threat of wife after her return from delhi, I did not inform her about my own request transfer. she comes to know about it before 1.5 month of my actual transfer. after that my fil did everything to stop my transfer or secure money from me. in the process he threatened my relatives to destroy my career, Created tremendous pressure on the management people of my organization not to release me using his old high profile administrative network. finally he comes to kolkata and goes to office to complain against me with unknown people. most of them false. as in my office the lower level worker knew me very well, so fil fails to do anything major but I was in a state of panic. finally fil comes to my quarter with again unknown people takes away wife and her belongings with baby. after wife went with fil to his flat at kolkata she threatens me with legal action. after that fearing complain by wife and subsequent police harassment some how I managed to take transfer order and reach my native place. slowly i settled here. till now I did not communicate with wife. although she send me few massage initially before transfer to make provision for her stay in kolkata. I did not respond except i asked her to return to my quarter.
My question what should I do now as it is going to be almost 3 month.
Should I send letter with ticket to join me or wait ? Technically she can complain --- my husband did not contact me to take me with him after his transfer (although she was not willing to come with me ).

Erenata Hiramaneck   18 October 2016 at 12:21

Civil marriage in goa

My fiancee is from Goa. We are both Christians and NRI's. I have been reading online the process for court marriage in Goa which we plan to do in June next year. Based on this i have some queries.

1. Law states both bride and groom need to submit the declaration in court in person 30 days prior to the intended date of marriage - Can the same be submitted by a relative/friend/representative on our behalf?

2. Requirement for at least one of the parties to be residing in Goa 30 days prior to the actual date. - We are both NRI's and this is NOT possible as we only get 2 weeks off to come down n get married. What is the solution for this?

3.Notice needs to be published 10 days prior - Can this be done by a representative?

4. i am 42 years old and My father is deceased - Do i still need to provide parents consent to the marriage?

Anonymous   18 October 2016 at 11:27

Applicability of Order 12 rule 6 in case of divorce decree

Dear Sir, My wife already admit her acts of cruelty under order 12 rule 6 and I too agreed for it. Now judge is saying that order 12 rule 6 is not applicable in case of divorce decree.
Kindly send me or quote any court orders or judgements on order 12 rule 6 for divorce decree..It will be really great help for me.
Best Regards

Shubham   18 October 2016 at 10:58

police verification for job assistant teacher

Sir, I am in government job of assistant primary teacher, 1 year ago there is minor fight between me and my neighbor .first I will go to police and file NCR against them. Then after 2 days they file NCR against us. After that no one interested in this case and left it. But this time I got government job and there will be police verification process takes place .what can I do... Is my service is safe or not please reply sir

manjunath   18 October 2016 at 08:16

POA

Dear Experts
In the tasildhar office gpa is not accepting for giving evidence for dispute cas�. Gpa is notarised one .can i take any legal action against tasildhar ?