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Sachin Gulyani   10 March 2015 at 16:47

Wanted divorce - but dont know how

Dear Sir,
I would like to ask for advice on the following case:
Wife is married to Husband in Bihar. It was a love marriage in 2007. All were against that marriage and even a case of kidnapping was filled at that time. Even it was in newpaper at that time.
Now after marriage, wife came to know about husbands previous affairs and present affairs. After marriage, wife was not staying with husband and started doing her graduation from Pune and was living in hostel. In these 3 years of wife graduation, husband didn't come to see her. then after graduation, wife started staying with husband's sister who was married for a week. After that wife shifted with husband to Delhi and both started working at Delhi for 7 months.
After this wife's parents accepted her and called her back to Baroda in Gujarat for her further studies of MBA. (In this course of time Wife's parents shifted to Baroda).

Wife did MBA for 2 years in Ahmedabad and joined the private company in Ahmedabad for job. Now the wife is in Ahmedabad since 6.5 years. Wife and husband are not in good terms during all these period.
Wife don't want to go back while husband wants her back as he knows that he dont deserve the wife and will not get any one better than her. Also he is tempted towards wife's father income and all the things he use to get as gifts from wife's parents.

Let me tell you that husband is very gavar kind of person not even graduate and wife is sophisticated and belongs to good family.

while wife is in Ahmedabad, she came to know about various husband's affair with other girls.

Now I want to know what should a wife do in order to get divorce from husband as husband will never give her divorce. For husband its like bhikhari ke hath mahal lag gaya ho..

Please correct me if I am wrong,
Wife can file a divorce on the basis of desertion and adultery.
for desertion, wife has proof of completing her college and doing her job constantly and has not move out of city since she came Baroda and Ahmedabad. By the way wife's parents are in baroda and wife in Ahmedabad surviving on her own. Baroda and Ahmedabad is 100 Kms away.
The other for adultery wife has the following proof.
Husband official gmail id chatting with a girl1 and admitting all stuff such as sex, intercourse and all the things. But the girl with whom he was chatting will not be available as witness.
Husband has one another girl2. That girl2 is chatting with the wife on whatsapp admitting that she had sex with her husband and is doing it daily and even she had abortion twice.

Now please help me in drafting the case properly. I am not a lawyer and is unaware about how to use this information properly.

what should be done in order to get the divorce quickly as the wife is sure that husband will never let her go.


Gotu Riba   10 March 2015 at 16:31

domestic violence act shall be proceed according to CrPC or

Domestic violence act shall be proceed withCrPC or CPC?

md   10 March 2015 at 16:30

Widows right to property of inlaws

hi,i have a two year old son and my husband passed away last year. he has not left behind and financial security for both of us. there is no clarity if deceased father inlaw left anything in his name. I am working but the salary is not enough to cater everyday needs. I am living with my parent my father is retired and there is no financial support from my mother inlaw or brother inlaw. Can I legally ask for right to property for my son..

Nishant Chaudhary   10 March 2015 at 15:30

Fraud by book company

I recently (7-10 days) ago registered pvt ltd company and today received a package , which I assumed was from MCA.

So I asked someone to pick it up from post office as I was away. When I saw the package I realized that it was not from MCA but from a book company called 'Mega'

On further inquiry I found out that they have been doing this since atleast 2010 to newly registered companies as there are endless posts online regarding the same.

It is only a matter of Rs 2400/- so no one is interested in pursuing this legally but I believe that someone has to take some action otherwise such people will keep doing this for god knows how long.

I tried to go back to post office but they had already filed it online and in case of VPP there is no cancellation beyond that point.

My question is: If I want to pursue this legally then how should I go about it? Is this a case for consumer forum? Since a company duped me into buying something that I didn't want.

Vikas   10 March 2015 at 14:54

Sharing property right with father

1. I have a self acquired flat (lease hold) in Greater Noida, taken possession in 2010 and registry done in 2011.
2. In 2007 I had taken a loan of 15 lakh for 15 years and the EMI commenced immediately and till date 80 instalments have been paid and balance are 100.
3. My father retired in 2000 from a PSU without any property and neither does he have any ancestral land/ property being a refugee post partition (1947).
4. His only investments are his children and we value his sentiments. Hence, we included his name in during the registry of our flat.
5. I have one younger brother and a younger sister (both married) who do not have any problem and see this as our gratitude to our parents.
6. However the loaning agency has now in 2012 raised objection to his being included in the registration and are asking for a gift deed or relinquishment deed in my favour to avoid problem in future.
7. My loan is insured and I have assured the loaning company that I can provide a registered will from father if required but a gift deed will unnecessary complicate matters and vitiate sentiments.
8. They do not agree . What is the way out.

Chandrakant Nimje   10 March 2015 at 14:45

Leave and licence agency

Whether any advocate can take leave and licence agency on his name as it is convyencing work.

Chandrakant Nimje   10 March 2015 at 14:37

Leave and licence agency

Whether any advocate can take leave and licence agency on his name as it is convyencing work.

somenmitra   10 March 2015 at 14:24

Legal value of cadastral survey r.o.r

There was A,B & C three brothers, in the year1933,1935 & 1936 in three different cases through a civil court judgement A & C was declared bankrupt and their property was publicly auction by court at that time. With several outsiders B brother also purchased some part of that auction property at that time. After that it was recorded in the RSROR in the year 1956 and presently the LR records are also in the name of the purchasers name.
Now after 80 Yrs grandsons of A has file a civil suit with only one document cadastral survey (CSROR) paper that the said auction property was the property of a Deity as per CSROR,so the auction was illegal and void.They have not submitted any Title Deed or any other documents.if that was a property of Deity, how a civil court at that time in 3 different cases publicly auction that property. Please let me know what is the legal validity of CSROR as per civil/ property law and reference of rulings of Supreme court or High courts in this regard.
With regards,
somen mitra

Gagan Souri   10 March 2015 at 14:02

Split petition for start of a1 trial

Dear Ld. Members,

I'm the A1 in 498a case.
A1 doesnt have any stay.
The judge is not conducting trial in lower court.

In said case A2, A3, A4 got stay and is pending further since 3 years.

When approached my High Court legal aid counsel regarding this he said that my case is under stay in High Court so he asked me to file petition for split rial in lower court for my trial to start.

Currently no lawyer for A1 in lower court.
The judge is marking my attendance and is routine since 3 years.

In this regard, can any ld. member kindly provide a split petition for A1 trial, so that i can fiel the same and pray the Judge for split trial.

Thanking in advance

barun   10 March 2015 at 13:59

No objection certificate

sir, I am doing job in CRPF(Central Reserve Police Force under MHA). i was applied for the post of Assistant in Kendriya vidalaya. at the time of submission of application for aforesaid post, it was provision that at the time of second phase test, NOC will produce. time for obtaining NOC was not mentioned in advertisement. therefore, I had not applied at the time of submission of application. now, i am selected in written examination and has submitted application for seeking NOC. Department has returned my application with reasons that individual has not submitted application for at the time of submission of application form. please clarifying that what is exact time for submission of application form. early reply is expected as my second phase of examination schedule to be held on 11/03/2015