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Suraj Kumar   09 June 2015 at 21:09

Hindu marriage act

Respectes Sir,
As per section 21B(2) of HMA every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
1. Is it mean judgement for divorce shall be delivered wihin SIX MONTH ?
2. If lower court dalays beyond that period then what is the remedy ?
Please guide me.

21B. Special provision relating to trial and disposal of petitions under the Act.
(1)The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day tobe,necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

harshit   09 June 2015 at 20:23

Maintenance - after divorce (ex-party) along with two child male-female

Dear sir,
I am harshit from lucknow,UP.first,
I want to brief about my case.
Married in 2001.A female Birth child in 2003.This greedy women Mostly lived in own parent house.Case 125 crpc filed by my wife in 2006,at bnkdist.up.In march 2007,she came after compromise by court. During this period she shows pregnancy and gave a birth of male child.after that she filed a separate 125 crpc case for this male child maintenance.
After 6 month she again went her home,and filed criminal case on me and my family members, 498 a,523,and dowery act etc. I got arrest stay from HC,lko.. Then I filed divorce sec-13a, 2008 at lko. and I got ex-party from family court lucknow, at Lucknow,up, in 2009.Now I got married and wedlock of one male child.

After that, she filed a restoration case, saying i dont have any knowlage abot this case. I filed counter case 340 crpc on this case,This case run upto 2014, and this case also kharij or dismiss, due to filing of counter case u/s 340 sec. and also abcence of her.

The maintinance case of bnk is running stil.Here, I also filed counter case u/s 340 on sec-125 case along with so many contradictory evidence as she given as PW1,PW2 etc.which clearly show that these all cases are fake/furjee.

Due to 340 case , no judge want to take any action against this lady.and henc passed 3 years giving date and only date.I want to decide with permanent alimony. but this lady asking 25 laks. and judje is also fevoring to her. which is just not possile for me.I am giving only 4 laks. but she is not ready and haressing. beacuse i have to go to other dist. for attending case.

I have quarry. Kindly.Kindly tell, suggest and advice me what should I do......
1)-Weather my ex-wife is entitled for any maintenance after divorce.
2)-If the 125 crpc case is fake, then why I should I pay for that.?
3)-I am responsible for only my child, and I want to pay only my child.
4) should I decide maintenance 125 crpc in normal procedure as by court ? with not pressing of 340 sec which filed by me?

raman rar   09 June 2015 at 19:44

Caste

sir, i had made a mistake during my 10th class registration that i had told my caste obc but i am in general category and that i had tell same during the 12th registration but now i am applying for college hence i want to correct that mistake . my whole life depends on it . so please sir help me, through what legal processure i can change it. please help me

Ashish Pandey   09 June 2015 at 19:21

Correction in the address mentioned in voter list

Hello,

My father has been residing at Mumbai in a chawl since 1985. He applied for change in address over his Voting card along with the corresponding Voter list in the year 1995. Based on his application he received the acknowledgement receipt by filling form8 for address change and the original Voting Card too. (Both of these original documents we have kept safely).
On the issued Voting card his new address was mentioned correctly but they did not update the same address in their record (based on which they provide 7-12 UTAARAA). We did not come to know the mistake as we had the original voting card over which correct address was mentioned. But the record at their end had been reflecting the previous address till the year 2007 and then after they updated their record. Now our room has come under redevelopment plan by SRA and they are compulsorily asking for my father’s voting card/ (7-12 Utaaraa)as an address proof of our current address. So we requested to the ‘Election Officer’ (Old Custom House, Churchgate, Mumbai) to make changes in their record (before 2000) but they just simply reverted back that they cannot modify the previous record , also they don’t have any record as ‘Chinchpokli Legislative Constituency’ has dissolved to ‘Byculla Legislative Constituency’.
In this context, to whom may I consult to escalate the issue so that I can prove my father’s existence over this address as this is the mandatory document required by BMC and if this issue will not get resolved our candidature may cancel. So please suggest the possible solutions.

Thanks in Advance.

Regards,
Ashish Pandey

Syed Ashfaque Ahmad   09 June 2015 at 17:09

Request foradvise or legal solution-discharge petition u.s 397 cr.p.c.( 239 cr.p.c. in lower court)

DV and 498a have been registered after a 20 years of the marraige of NRI. DV case have been dismissed by lower court after full dress trial including Husband and family members.Discharge application of Husband rejected by Lower Court in case of 498a because at this stage document submitted by accused cannot be refer by the court. Now Husband has submitted his discharge application u/s 397 Cr.pc in session court.Family memberes of Husband have been discharged in 498a case by Session Judge u/s 397 cr.pc (239 cr.pc rejected by lower court)on the ground of Double jeoparady (Only one incidence DV & 498a have been registered on the one & only one FIR & same facts. I would be grateful if u can provide or advise legal suitable suggesdtion for discharge arguement. I am fightining a csae in person. For ur kind information Charges have been not framed yet by lower court. I had filed writ petion under Article 226 read with Cr.p.c 482 In High Court. Hc partly allowed the petition and advised to challenge u.s 227 cr.p.c. Please suggest legal solution

rob   09 June 2015 at 17:01

query

How to register my address with patwari for any summon. I am residing in another district. Tell the legal way.

rob   09 June 2015 at 16:58

query on khasra girdawari

My grandfather died without telling that who will hold the right of khasra girdawari of his agricultural land. He has 3 sons. One son cheated others by paying bribe to patwari and entered his name. So how others can take their right. Land is joint without partition. Tell the solution.

pun   09 June 2015 at 16:46

Standalone case u/s section 26 of hindu marriage act

Hello Experts,

Please share your views if as per provisions of Hindu Marriage Act, any independent case can be filed u/s section 26 of Hindu Marriage Act when there is no other proceeding under this Act is pending before that Court.
Please help with sharing any citation of High court/ supreme Court in this regard.

Thanks

asrai   09 June 2015 at 16:43

Registration of a comapny

Dear Learned Members, please guide me on the following issue: We are planning to float a new Software Development Pvt. Ltd. Company with 2 Directors (they will be the Shareholders as well) with a Share Capital of Rs.1.00 lac. One of the Director/Shareholder is a NRI. Please let us what is the amount he can invest as Share Capital, whether there is any ceiling to it and whether he can get this amount through Automatic Route. Thanks in advance for the support.

nitingupta   09 June 2015 at 16:42

Refund on cancellation of property

Hello All,

I had booked a shop one year back. At that time the builder informed me the possession of the shop will be within 6 months. I paid around 16 lacs as the booking amount. There was no agreement done. There was a simple booking form .
Now even after an year the builder has not started the work and he now informed that the plan is gone for revision.
I asked him to cancel the booking and provide me a refund. He is not providing me a date for the refund. He states we can provide you the refund only when the property is rebooked. He had mentioned this in the booking form.

What are my options in this case.