surajjoshi
15 April 2015 at 00:41
Hi All.
We are looking for a advice regarding divorce through mutual concern.
One of our family member who is married for last 10 years and have 2 childerns.
She has been going through trouble marriage for almost 8 years out of the whole. There was no physical harm done to her by her husband but it was more physiological torture. She had to quiet here stable job, to avoid further struggle between the partner. She had to move her house almost 10 times in 4 years just because her husband was changing his job and never settled down.5 years ago she went through a mental torture in which she even tried to kill hersel by cutting her wrist. There was no police complaint done since we were worried about her. After few family meetings they were back together and had taken another chance of extending there family with a hope of things getting better.
As of know there situation is getting worst within the couple.
We being from the bride side along with her concern decided to get her out of this situation.
We want to know what options we have in having a mutual concern divorce and or divorce through argument in the court.
Our major concern is the childerns education and shelter for them.
Kindly advice which way we should proceed.
Regards
Suraj
amit
15 April 2015 at 00:41
X, a resident & works for gain, having office at Agra, moves a complaint U/S 138 NI Act against Y (living at Delhi & Office at Pitampura, Delhi.), who issued and send a Cheque vide Speed Post to X at his Agra Office. When X presented Y’s Cheque for encashment to his Banker at Agra, his Cheque got bounced. (All the formalities like sending demand notice, filing of complaint and issuing notice has been done according to limitations and well on time). Thereafter, two summons have also been issued to Y but he did not appeared at Agra Court. Further, Bailable Warrant has also been issued, but Y still not appeared.
In the meantime, on hearing, the Magistrate refuse to hear the complaint on pretext that some new ruling/citation ‘Dashrath Rup Singh Rathore … Vs … State of Maharashtra & Anr.’ has been delivered by Supreme Court, according to which jurisdiction in Cheque Bounce matter lies at Delhi since Y resides at Delhi. So, Magistrate is passing order to transfer the same to Delhi Court. As per the said latest Citation of Supreme Court.
Q1. – Where the Jurisdiction shall lie according to new Supreme Court case law.
Q2. – Does this new citation of SC of 138 NI Act, applicable to the above said situation, where Bailable warrant has already been issued to the accused? (and Y still not appeared on date)
Q3. – Where the Jurisdiction shall lie? According to latest Law/Ruling of Supreme Court. Whether it lies in Agra or in Delhi?
Q4. – What is the time period, if Magistrate is willing to order the Complainant to transfer the Complaint to Delhi Court for account of Jurisdiction?
Q5.- Can Magistrate transfer the said case in between, if Bailable Warrant has already been issued to accused?
Q6. – Does the new ruling ‘Dashrath Rup Singh Rathore … Vs … State of Maharashtra & Anr.’of SC says that if Bailable Warrant has already been issued then also the complaint is liable be transferred to Delhi Court?
anu
15 April 2015 at 00:01
so basically my dad gifted me a flat on this march 2015 and i need to sell this flat immediately due to certain personal reasons .though the society has agreed to transfer the property on my name but isnt ready to provide NOC for the party who is purchasing needs it fr loan disburstment procedure .
According to the society i need to wait fr certain time period before i cn sell my flat nd get the partys name transferred is it so ?
if yes how much time should i wait ??
Member (Account Deleted)
14 April 2015 at 22:25
1. Whether regular hearing can take place every day basis and if not then how may days gap is admissible?
2. If a charged govt servant alleges bias against the inquiry officer after 3 1/2 months but he has not followed proper channel and has directly sent his request to reviewing Authority.and the inquiry officer & the disciplinary authority are informed by the reviewing authority to stay the proceedings then what options are left with the inquiry officer?
raman kumar
14 April 2015 at 21:28
History :- 1st marriage run 5days only “she left my house in 3rd day of marriage and come after 20 days and again left 2nd day she told me she want study for her carrier and want stay with her parents home. That is my mistake! I don’t know but When she not come after select in bank job. So I feel she never ever come and file case RCR (Sec.9) then mutual divorce because no communication in 2010-2012 between us.
Jan-2013 I was remarriage poor joint family studying final exam B.A. private girl and first night of marriage she restrain me and told me wait for 4 to 5 month. Without golden night she return to her parent’s house accordance and behind to Hindu family custom. while she forget her mobile in my house same day accordance incoming sms on wife mobile I realize and feel she is abusing to hide her history before our marriage. But I try to live with a warning and within a month after our marriage my wife was pregnant and I think and feel now she would remove memory her lover who is already married and his already two child but I was wrong, after my child birth she left my house when girl child age complete 6 month in jun14. And come after 4 month oct14 with a plan, she give false complain woman police station. Then after complain I try solving situation love and carrying my child & wife but her parent’s not understand me she also left my house again with her parents and she try in legal procedure in last 3 months notice game after start family court 125 maintenance game.
So it’s clear she is never forget her love and she want money if she got it so never come with me and again I have only legal my right in law divorce.
My question can I file before my presentation in 125CrC I am going to file divorce 13(ia)?
SAM
14 April 2015 at 20:40
Sir,
Please can any one clarify the duties and responsibilities of a Seal Bailiff and Summon Bailiff in District Courts with proper G.O. orders or memos etc.?
jagjit singh
14 April 2015 at 20:24
SIR, I HAVE FILED AN APPLICATION UNDER ORDER6 RULE 17 IN WHICH NO ORDER HAS BEEN PASSED TILL DATE. I WANT TO WITHDRAW THAT KINDLY GUID ME UNDER WHICH ORDER AND RULE I CAN WITHDRAW THAT.
Kshitij Shah
14 April 2015 at 20:24
I live in Ahmedabad. We missed the deadline to pay impact fee due to mistake of consultant we hired. He didn't even process our file in time and now without inward entry before deadline, municipal authority are not taking my application and file.
I found that 40% of the construction is unauthorized which was given by the builder. We live in this society since 2002.
My questions are :
1) What are the consequences now ?
2) Can municipal corporation demolish our house ?
3) Is there any way out based on which we can appeal to take our application ?
4) I read The Gujarat Regularisation of Unauthorised Development Act, 2011. There it was clearly mentioned that there are two ways for filing application of impact fee. One, suo moto. Second, upon notice from concerned authority within six months of commencement of the act.
Can I argue that since we did not receive any notice, it was not our fault ?
jagjit
14 April 2015 at 18:28
SIR,
IT WAS THE SECOND MARRIAGE FOR HUSBAND AND WIFE. WIFE DESERTED AND FILED THE 498A. I HAVE FILED THE RCR, BUT LATER APPLICATION UNDER ORDER 6 RULE 17 HAS BEEN SUBMITTED FOR PLAINT AMENDMENT FOR RCR TO DIVORCE, IN WHICH TILL DATE NO ORDER HAS BEEN PASSED. NOW I HAVE COME TO KNOW THAT MY WIFE EARLIER DIVORCE WAS ILLEGAL. NOW MY QUERY IS,
1. AS I HAVE EARLIER FILED APPLICATION UNDER ORDER 6 RULE 17 IN WHICH NO ORDER HAVE BEEN PASSED TILL DATE,CAN I WITH DRAW THAT APPLICATION.
2. I WANT TO AGAIN FILE AN APPLICATION FOR AMENDMENT IN PLAINT. CAN I FILE THAT.IF EARLIER APPLICATION OF ORDER 6 RULE 17 IS PENDING.
KINDLY HELP ME OUT.
3. HOW MANY TIMES I CAN FILED THE PLAINT AMENDMENT APPLICATION.
TILL DATE WS HAS NOT BEEN FILED.
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regarding property to wife.
Dear sirs
will my wife has any right on the property , complete property is on my fathers name.
I m asking this question because , I have taken a home loan from a bank on my name and I have cleared complete loan very recently.
meanwhile my wife had filed all cases againt myself and my parents dva, 498a , crpc 125 andlatest rcr.
I want to take divorce (we r married frm last 3 years). And fight each case on merits, in this process can my wife claim any share in the property?
Request you to please advise.