Goutam Bhol
13 January 2016 at 20:57
Dear Friends,
I have a specific query that when a christian husband is deserted by his wife for about 2 years can he file a suit for divorce under section 10(1) (ix) of the Divorce Act? There is no other ground for divorce. What is the remedy and procedure?
In case of any further clarification I will do the needful.
Dr. Hasraj Tiwari Advocate
13 January 2016 at 20:17
Whether Revision is maintainable against the order u/s 219 of Cr.p.c. AGAINST rejection of application
ashok
13 January 2016 at 20:05
i am in very much trouble and i want ur suggestions,
i am under probation in govt service, i was with friend with one girl in training, but due to her forcing nature, I started to avoid her and I stopped speaking completely with her because she was not understanding.
She started daily calling and sending text messages and torturing. In messages she send like I miss u…, Kill me…., I will leave this Job….., Don’t search me again, If u will speak with other girls then I will create problems….,I will do suicide….. I tolerated these things because firstly I thought she will understand one day and problem will be over and secondly I don’t want to make issue in academy which will disturb my image. But she took it as an advantage, started more torture. After that, she tried to spread my relation with other lady officer as illegal.
April 2015, she tried to blackmail me by telling that she will do suicide and she attempted also, so I convey this message to her parents and academy. they decided to keep her mother with her during training. I was told everything to her brother and he was supporting me.
same thing she had done with my batchmate like sending messages of love, marriage, blackmailing, not allowed to speak with other lady officer, speaking bad about them, etc. suicide warnings but as he is ex-police officer he had handled situation.
I have not given her any promise for marriage. All these situations I have already told to her family, I am having all the text messages that she has sent me, letters that she has given me and the call recordings from the March 2015. Nowadays she is trying to make contact with my family which I don’t expect.
in sept 2015 i was done compliant to acedamy but they had not taken any decision except they gave warning to her and me for not to talk with each other, from 1 oct she has not tried to contact me but,
the present condition is ,
1. She is coming to my home in feb 2016 and ask my parents for marriage and if they reject then she will do suicide in my home.
2. She will file false complaint against me like cheating, rape, atrocity, etc and then it will be very problematic for me.
3. She is telling me that I don’t have any option except to behave according to her.
Saira Banu
13 January 2016 at 19:46
If the seller wants to sell and buyer is delaying what is the sellers rights?
shekhar sharma
13 January 2016 at 19:32
i m working in govt autonomous body (ESIC).after announcement of new pension scheme in 22dec 2003 govt implemented from 1-1-04.but corporation approved it on 23-4-04 in standing committe meeting wef 1-1-04.so plz clear employees who had joined before 23-4-04 are coverd under it or not ?
Satwantsingh Dharivala
13 January 2016 at 17:32
I Have Booked a residential flat in Ahmedabad and paid an initial Amount of Deposit for it to the builders, at the time of booking we have made a MOU for such matter, The builder had given me a promose for the possession in the month of December, nut still I did nit get the possession of the flat, I ask them for the possession but they cant hear anything, and do not give any satisfactory answer, they did not provide us the copy of the signed MoU, Ehich we have nade earlier, pls.Give me suggestion what to do??
R Shreeniwas
13 January 2016 at 16:00
Hi Experts,
In my 498a case, It's one year now - charges has been frames, but wife is not coming to court dates. Also she has not submitted Chief affidavit till now.
So can you please guide me what i should be doing next ??
1. Can i apply for dismissal of case as she is not attending court proceedings?
2. How I (respondent) can ask opposite party to submit chief affidavit through application?
Kindly help.
Thanks,
kanish.verma
13 January 2016 at 15:26
If there is a will duly registered and the deceased was a government employee is the succession certicate necessary for claiming the property and gratuity and other related assets of the deceased..if the will is sufficient to claim the assets what remedies do we have..plz suggest
Dilshad M. Merchant
13 January 2016 at 15:25
Dear Sir,
I have a case going on at Thane court (Maharashtra). It is a criminal matter U/s.420, 34.
Chargesheet was filed in 2012.
Since then only dates were given every time and I myself (2nd accused) and other lady 1st accused) both pleaded "Not Guilty" in the case.
I appointed my defence advocate in 2014. He was able to attend court only on Fridays, which was not convenient for the complainant, so the complainant always created chaos in court due to which the judge used to give dates on other days. Finally fed up of this, my advocate left my case in September 2015.
Since then I have been unable appoint another advocate because some I found inefficient and some are asking exorbitant fees which I can't afford.
My next date is 18th January 2016, and the judge has warned me to get my advocate along.
Stage of my case:
Complainant's Examination-in-Chief conducted on last date.
I want to know the following:
1) Can I ask the judge to provide an advocate for me (legal aid) ?
If yes, will the judge agree ?
2) What will be the next stage in this matter ?
Kindly guide me.
Thanking you,
Mrs. Merchant.
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Division bench decision of supreme court on 9a cpc
Respected Sir,
the Division Bench of supreme court while interpreting the provisions of 9A of CPC 1908 in Foreshore Cooperative Housing Society Limited vs Praveen D Desai (D) Thr.Lrs. & Ors on 8 April, 2015 held that the
the provision of Section 9A as introduced by (Maharahtra Amendment) Act is mandatory in nature. It is a complete departure from the provisions of Order XIV, Rule 2, C.P.C.
Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bipin Vadilal Mehta, (2006) 5 SCC 638, for the proposition that a plea of limitation cannot be decided as an abstract principle of law divorced from facts as in every case the starting point of limitation has to be ascertained which is entirely a question of fact. A plea of limitation is a mixed question of law and fact. In our considered opinion, in the aforesaid decision this Court was considering the provision of Order XIV Rule 2, CPC. While interpreting the provision of Order XIV Rule 2, this Court was of the view that the issue on limitation, being a mixed question of law and fact is to be decided along with other issues as contemplated under Order XIV, Rule 2, CPC. As discussed above, Section 9A of Maharashtra Amendment Act makes a complete departure from the procedure provided under Order 14, Rule 2, CPC. Section 9A mandates the Court to decide the jurisdiction of the Court before proceeding with the suit and granting interim relief by way of injunction.
However, it is made clear that in other cases where the suits are governed by the provisions of Order XIV Rule 2 CPC, it is the discretion of the court to decide the issue based on law as preliminary issue.
It means that when any objection is taken under 9 - A of cpc which goes to the root of jurisdiction of court, It is mandatory for the court to frame & decide preliminary issue even if it is a mixed question of fact & law ?