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dtp   10 March 2015 at 19:11

Section 498a 304b 34 ipc

Hi
7 mnths ago my better half passed away due to low sugar suddenly.

She was having junviele diabetes n hypothyroidsm n continuesly suffering from hypoglacamic attacts

as she died with 7 years of marriage we did the post mortom as my in laws were initiating the doubt we did something to her coz all happened suddenly..

on that mid night suddenly she was getting unconcious coz of low sugar...we immidiately shifted her to local top ICU and started treatment... but unfortuantely she breathed last after 11hrs of treatment..
After post mortem...the cause of death was unknown and was reserved for viscera opinion...meanwhile my in laws filed a false criminal case against me and my parents..u/s 498a 304b n 34 IPC after 5 days of inicident..

me n my brother surrendered and my parents got anticeptry bail on medical grounds..


after 28 days of PCR n MCR we both got bail on basis of FIR...

meanwhile as we were in MCR my in laws taken my 3 year old son forcefully...

After coming out on Bail..I with diffrent sources tried to convince them for giving my kid back to me but they refused arrogently everytime...

so after waiting long 3 mnths i filed a case against them u/s 97crpc for my kid's custody..n i got my son back via court within 15 days of filing the case..'

in my case..chargesheet was not getting prepared coz cause of death was depending upon the viscera n histopathlogy reports... so after long 7 months of the incident.. the opinion came to the police station containing normal values..

so all the reports were sent to local civil surgeon for final opinion and to know the exact cause of death...

But when final opinion came it was shocking...The doctor said that "The possibility of poison cannot be denied..."..what rubbish..all reports were normal even the opinion came negative..so on the basis of that opinion Police filed the chargesheet under the same chrges claimed in FIR i.e. 498a 304b n 34 IPC...

i was expecting the Removal of 304b as all reports were normal medically...

SO EXPERTS...

PLS HELP ME...

1. On Which Basis..Doctor gave such kind of opinion... does that opinion have any scope in Trial..

2. What Should I do for My Defence in this Case..

3. Please tell me your expert Opinions...

Awaiting..

--

THANK YOU SO MUCH...

sanjay jain   10 March 2015 at 18:57

Can a co-op housing soc have different parking charges for owners and tenants ?

I have a open car parking space in a society bought from the developer. The society parking charges Rs 500 quaterly if used by the owner, Rs 1000 if used by another member of the society and Rs 6000 if used by a tenant. I have bought the car park from the developer but i am not using it.

The society insists me to give my parking to another member of the society to use for rs1000 but since i have a friend staying in the society who is a tenant, he has rented some other members flat and he is using my parking. The society does not want me to give my parking space to the tenant and hence is charging me Rs 6000.

I can understand if they charge double 100 % of what they are charging to members, but this is a lot of money as it comes upto Rs 24000 annually. Are there any rules governing this issue?

PAVAN KUMAR AKA   10 March 2015 at 18:38

Defamation

In a Divorce OP, the Petitioner took a please of adultery against his wife showing another man as 2nd respondent and the matter was posted for appearance of parties. At this stage, if the averments are not true and correct, does the 2nd party take the steps of filing defamation against the Petitioner and his wife (1st Respondent), as they both colluded and filed the OP with an intention to harass the 2nd Respondent. Please Treat this as urgent.

kishore Vashu Kulchandra   10 March 2015 at 18:21

Inheritance issue

my grandmother had purchased the property. My father had two brothers. My father paid his two brothers their share.Now after my fathers death, he has will'ed his property to me.My brother is claiming half share of the property.My question is if my father has paid his two brothers is the property still inheritary.Can he will this property to me only.Pls send me your expert opinion.
Regards,
Kishore Kulchandra

Naresh   10 March 2015 at 17:52

Assist me

My father was doing business since 30 years in the same premises. during this 30 years our land lord use to demand money from my father and those amount as been kept as advance for the premises. Landlords are living in joint family. Apart from that landlord also borrowed money from my father part by part which totally comes into figures in(laths) And those borrowed amount lend with interest (12%)
Landlord collects premises rent in advances and from the same rent receipt interest has been deducted.
Two years back my father expired, (legal heirs)we carry forward the same business. now my landlord not accepting the rent nor he ready to pay us the borrowed money which lend for interest. Recently without notification landlord of premises done the partition , not informed us(tenant)One among them asked us to pay rent because in his favor the premises has allotted. So earlier borrowed money and earlier advances are not comes into existence since after partition . And he wants us to pay large advances and higher rent for the premises.
Now to whom the property belongs to we are not sure of it nor they giving us copy of the documents to ensure to pay the rent to main owner/titled of the premise
I have sent cheques in favor of the earlier titled and money order also but they didn’t accept the both. No they sent us a notice to evict the premises within given period of time.
Kindly assist me what should i do now?

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.