Jyot
10 August 2016 at 08:32
In family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty without the permission of family court. The POA holder has appointed a lawyer for court proceedings in family court.
Respondent wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counselor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement, but filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
The hearing of the application-X filed by the respondent is still pending. Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The advocate of the respondent convinced to respondent for not filing of written statement of respondent in court as the hearing of the application-x filed by the petitioner is pending.
Then after in every date in court, respondent sought to give next date for written statement by filing number of applications showing reason in applications that respondent wants to try for reconciliation and due to pending decision on application-X filed by respondent in family court.
Many times Family court permitted date for filing of written statement to the respondent.
Then, the Judge permitted and ordered the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that reconciliation can do any time in the proceeding and if respondent would not file his written statement on next date, the judge would close the stage of written statement of respondent.
Then, on the last court date, when respondent filed application of permitting next date of WS, it has been rejected by family court and the defence of respondent has been stroked out by the family court order.
(1) What respondent can do as he aggrieve by the order of strike of defence as court has still not try for reconciliation and pending his application-X (for reconciliation) in court proceeding?
(2) Whether respondent cannot file the revision/appeal application in High Court for the order of family court under section 19 of family court as it is called as Interlocutory order?
(3) Is it advisable that respondent can file revision application in same family court according to order 47 rule 1 read with Section 114 CPC?
(4) Can respondent file an application to dismiss the petition in family court now as the petition is barred by law/no cause of action though strike of defense by family court?
(5) Any other advise in favor of respondent will be appreciable.
Anonymous
10 August 2016 at 04:30
Respected lawers, Very Good morning. My mother's property is going under Road widening in hyderabad. She took a stay orders from High court when the govt.tried to occupy without giving compensation in the year 2014. Now she is no more in this world. We are 4 brothers and 2 sisters. 3 brothers stay abroad.we are muslim. My question 1 is how to proceed, secondly do we require any legal heir, thirdly can we ask to pay the compensation (ie.rent) for using the land as kacha road by the public as it can't be used by us. Plz.guide.
souren ghosh
10 August 2016 at 02:07
I am paying maintenance to my wife and daughter against CRPC125 interim order @ rs 10000/- for wife and daughter from Jan 2016. I have applied for RCR under section 9 and child visitation under section 26. My wife given me DV case after that. My wife is taking time against child visitation rights. She is suddenly saying 3 days back that i can visit my daughter any time i want. I am surprized as well as confused.
i have applied for visiting rights because i was not allowed to see my daughter for last two and half years.
My apprehension is that if i visit my daughter she might give me some false allegations and create trouble in DV case.
secondly if i visit my daughter at this point, out of court orders she may point out tactfully in the court that since i am visiting my daughter my plea for visiting right should be nullified. And if that is done by the court then she will not allow me to see my daughter any more later on.
Should i accept my wife's offer to see my daughter without court order now.
please guide.
Rahul
10 August 2016 at 00:06
me ad my wife have filed criminal cases on each other arising out of same incident. i want to know name of competent authority who can order for cross cases to be tried together.
Parakh
09 August 2016 at 23:18
Respected sir I have got all my answer of previous query thank you for that a lot . Now I am personally going to withdraw the case but just want to know my next date is 5 October , can I apply before my date for withdrawing the case from consumer forum?????
Thank you and I am posting again because that previous post went very down to the pages of case , sorry for reposting
THANK YOU
Shalini Sharma
09 August 2016 at 23:08
Is there any provision to file a caveate in district courts ?
Nanda
09 August 2016 at 23:06
For my grandfather 6 sons and 3 daughters. And 8 years back he passed away. Now all are ready to devide and make khata to there's name. But one person is abjucting. So now devide and left equal property for him and without his signature can others make khata to there's name.
anilkumar yadav
09 August 2016 at 22:48
Dear experts kindly give your valuable opinions.
In a suit for a will in dispute despite having 3-4 opportunities to cross examine the witnesses the plaintiff lawyer doesn't appears so the high court registrar closes the opportunity to cross examine them, in between the district courts pecuniary jurisdiction is increased and matter is transferred to lower court where the ADJ ignoring the HC's order asks the defendant to bring again his witnesses for cross examination.
Can this be done?
If not, what's the remedy. Between the two orders 18 months has passed.
Gaurav Sahai Saxena
09 August 2016 at 22:34
Application u/s 156(3) crpc moved in court, order to register a complaint passed by court. On 1st date for statement u/s200crpc complainant was not present and CJM dismiss the complaint.
1 Can complaint be dismiss at this stage.
2 It not, please provide provisions.
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Anti corruption act
Sir/mam kindly give your valuable opinion,In the case accused was charged with some anti corruption act while under his service and at the very moment of cross examination of complainant he died and cross examination never happened but in lower court the case goes against the accused with termination from his job now he is filling case again in high court so could he get the benefit of cross examination that never happen(during C.B.I rate cbi does'nt found anything from home or any property it all was a part of conspiracy)