Dr.shamshad
13 February 2016 at 20:06
sir I am shamshad my change my religion Hindu to Muslim and did second marriage with a Hindu married women .and she field a divorce petition for her ex husband.and now she took ex party divorce.and she also change her religion Hindu to Muslim.now her ex husband lodge istahgasa in court under section 497,498.so sir how this is possible and how to take relief in this case.plz suggest me.it's a humble request to you.as such possible.thanks.
Damayanti
13 February 2016 at 19:31
Cross Exam. New Allegations in Evidence in chief of plaintiff.
New allegations are ridden with half truth but are grave due to the half truth apparently.
Respondent first raises objection to those new allegation in exam in chief affidavit.
Court says. "Evidence pertaining to pleadings /framed issues only be read" in evidence even if affidavit contains new allegations.
Thereafter, Respondent goes ahead confronts petitioner as to those allegations and takes denial on record, but while asking those question the respondent has to first admit to the first half truth and then go for 'confession and avoidance'
New judge got appointed thereafter.
New Court passed judgment saying asking questions in cross on those new allegations caused to bind the respondent, hence judge can't ignore those allegations and can't call them "traveling beyond pleading" anymore.
Is it in contravention to
pleading - say - framing -burden - evidence flow of fact finding?
Respondent asked those question in view to weaken the testimony of plaintiff.
Even if plaintiff had pleaded those allegation right from beginning, respondent never had any discomfort in answering to those, but at least respondent would have got opportunity to answer them in its entirety.
Please advise.
Dr g balakrishnan Sir,
Doesn't that amount to a inserting new 'cause of action' or 'amendment to pleading' by the Petitioner but without giving opportunity to Respondent to reply?
Judge passed judgment soly on that point
our contention is that 'had the petitioner pleaded that allegation right in the beginning, respondent had no hesitation to respond to it in detail wherein he would have exposed the half truth of plaintiff (half truth is more dangerous than plain vanilla lie).
But this sudden new allegation not only surprised the Respondent but he was deprived to answer it properly.
Is it not a back door channel to amend the pleading also not giving opportunity to respond (against the principles of natural justice)
Plaintiff's hands were not tied to plead leave of new addition and then again going through the pleading - say - burden assignment exercise.
Whole procedural flow is bypassed here.
How to put it concise words?
Please advise.
nitin gatagat
13 February 2016 at 19:30
DEAR SIR
MY FATHERS AGE IS 65 YEARS AND THEY ARE PROPRTOR OF OUR FIRM .WE R DOING TURNOVER OF 5 CRORES SHOWING PROFIT OF RS.8 LAKHS AND PAYING TAX NEARLY 1 LAKH
IN BANK HAVING LOAN OF RS 10 LAKH IN FIRM NAME
I WANT TO KNOW HOW TO CHANGE PROPRITORSHIP OF FIRM ..
IF I DO SO THEN WHAT WILL EFFECT ON MY BANK LOAN
Vijay Kumar
13 February 2016 at 18:27
the girl filed dowry and 498A case on all our family members and we all were acquitted in 1st week of april, 2015 and judge gave 90 days time for appeal, we have fought nearly 6 years in the court battles. girl side took certified copy on april 15th,2015 and filed for an appeal in september 1st week 2015 citing condoned delay. Our lawyer says they have not given proper reason for delay and that would help in dismissing the case partially. moreover in the 498A judgement, trial court judge cited that the complainant should file under different section, if they felt they were cheated by us and 498A is not the approriate one. OUr lawyer says this point is not enough and says there are different sections and points to be noted for condoned delay and will try use those points.
My lawyer says session courts generally entertain appeals and would not consider any sections or points and it is the judge discreationary power.
Please suggest if there are any good grounds and sections and what points will be considered for dismissal of 498A appeal to the satisfaction of the judge in session court.
Rocky
13 February 2016 at 18:03
Hello sir/madam,
My wife filed False 498@,307,494,406,34,107,144,125 IPC, after 4 month I filed contested divorce on cruelty ground just to take revenge. I applied anticipatory bail. Now I have all the evidence that her cases is false. She charged attempt of murder to 9 of my relatives nd neighbour whereas the time she has mentioned was in her parents home. In 494 bigamy charge also there don't understand how one can write all the false and fabricated statement by taking oath. Requesting experts for nyfuther suggestion Pls advice .
KISHORE KUMAR JOSHI
13 February 2016 at 17:50
Sir, Can I move in Calcutta City Civil Court against one Tenant is using the common space of Staircase & obstructing& blocking the staircase. I want a stay order.what is the procedure.
ganesh
13 February 2016 at 17:30
Respected Sir ,
I was married in 1998 and legally seperated in the year 2004. I again married a divorcee in the year 2005.By the time of marriage she already had two kids, a girl and a Boy.
During the course she got my surname in a year or so. But the two kids still carry
the Biological father surname.
Because of this I am unabble to quote my name as father's Name.
The kids have grown up and the boy is now willing to study in USA. Now there are lots of issues with documentation.
1.Because of the surname difference I cannt indicate in any of the documents as father ( as all documents refer Biological father)
2.I need to sponsor him - How can I sponsor him
is there any way that I can show as father ? All the financial dcouments on my name. Supporting financial strengh to be shown only by the close relatives (i.e Father , Mother etc..)
Please help me out.
Anonymous
13 February 2016 at 17:17
Dear Sir,
My Father and Mother were first and second holders of a flat in Mumbai. After father's demise what is the procedure to make my mother as the first and sole owner in all the property documents? We are 3 legal heirs - Mother, elder brother and myself.
Also I want to add my elder brother as the second holder and include him in all the title documents. Which deed should be used - gift or Release deed and wI'll stamp duty and registration charges apply for the same?
Thanks for the advice
Amit Amlani
13 February 2016 at 17:11
Dear Sir,
Kindly advice on the various licenses required to open a indoor kids play area in Mumbai with a cafe serving packaged food and machine based beverages. Also will be hosting birthday parties with Pre cooked food and beverages served
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Marking of lien by mutual funds
If an investor of a mutual fund requests to mark a normal lien and the financier requests for a dynamic lien, which one should the mutual fund act upon