dolly
29 December 2014 at 00:35
My father-in-law has property worth rupees approx 3cr. that's y husband does nothing,at the time of marriage my husband's father supported him financially n took responsibility of mine too in front of my father. after marriage my husband n in-laws stared demanding four wheeler n flat,due to inability to give such luxurious item they started physically n mentally torturing me.As a result i filed suit against them under DV Act n Judge has passed order for Rs.1500 only as interim maintenance in spite of showing property details.My problem is,neither my husband nor my in-laws is worrying about me,they are feeling very free n don't even think to come to the court.
1.Can i claim share in my father in law's property(from my husband's share in property)?
2.can i put stay order through the court, in their property so that they can't sale
even a single room without taking permission from me(or without my signature)?
3.should i appeal to the session court against the passed interim order?Or
4.should i file new petition under section 125 n how much i will get under this sec?
Please experts,give some suggestions!
kunhi marakkar
29 December 2014 at 00:00
Can defendant sign wakalatnama in front of his lawyer's agent from abroad to run a civilcase in india?
Vinod Yadav Advocate
28 December 2014 at 23:04
Sir, i am a new lawyer and i wish to file a complaint u/s 156(3). i have two questions.
1.what will be the subject line of complaint..???
2.complaint to DCP police and commissioner of police already sent.. should i need to array them as accused or i need to make accused only to private respondent. as i read any where that i cant make police as a party u/s 156 (3).
subject of this application as in my mind is "Complaint Under Section 200 Read With Section 156 (3) Of the Code of Criminal Procedure For Registration of FIR Under Section ----------- of the INDIAN PENAL CODE.
kindly approve..
Manoj Deka
28 December 2014 at 21:23
Respected Sir please see and guide whether perjury case made out and this objection letter is o K please.
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE,
CASE No. P.S. xxx/11
G.R. No. xxxxx/11
In the Matter of
Sri Manoj Deka INFORMANT
VERSUS
xxx P.S, xx Mahatoo, xxx Mahatoo and his family member.
I solicit before the Hon’ble court to consider my submission and objection in respect of the above noted Case. I have strong objection against the F.R. submitted by the xxx Police Station. My objections are as follows:-
1. The then O.C. of xx P.S. made threatening phone call to my wife from mobile number 94351xxx, no investigation has ever made for this call.
2. Then O.C and I.O. Alom Ahmed intentionally charged my son Sri xxx Deka u/s 366 on 26/05/11 and sent him jail keeping aside cogent circumstantial evidence.
3. miss Mahato lodged an FIR u/s 498a on 16/10/11stating that she is legally married wife of Sri xx Deka, whereas no such marriage were ever solemnised, charge sheet of case No. 190c/11 is evidence of no marriage, since it was claimed that on 18/5/11 she got married by xxx Deka, whereas on 18/5/11 at 7 PM she and her father were threatening to xx Deka to marry her over phone. She also stated in the FIR that me, my wife and xxx Deka compelled her for rented house and used to demand rupees 3 (Three) Lakh by way of dowry. Since xxx Deka never married to xxx Mahato rather he was forced to stay with the girl, to vindicate this please refer case No. 192c/11 and its charge sheet. Sri xx Deka reported much earlier to police that he is being blackmailed by the girl side rather taking any action on the information the police in connivance with the girl side my son was arrested and incarcerated, after that the girl side arranged for bail falsely stating before the court that they had entered in to a compromise that we will accept the girl as daughter in law (Bail No. Crl. Misc xxx/2011) in this pretext my son got bailed and took my son with them threatening him that if he do not stay with the girl as husband and wife than bail will be cancelled and he will be sent jail again for ten years imprisonments. From the very beginning we are postulating that we will not accept the girl as daughter in law we informed this to court also in connection of case No. xxc/11 and my son also supported us and informed the police
about the blackmailing (Case No. ccc/11). After obtaining bail by way of wangle by the girl side of my son the girl stayed somewhere else with her mother along with my son and we never meet the girl or his any family member to demand Rs 3 lakh as such question for dowry demand were a complete false case. Therefore I requested the Police to lodge FIR against complainant u/s 182 and 211 read with 511 IPC the police did not register the case.
4. The whole incident and all the cases with Miss xx Mahato, Sri yy Mahato and his family with my son Sri xx Deka and my family are for partial investigation and for connivance between the Police and with the Mahato family. (Circumstantial evidence available)
5. I.O. xx Ahmed by way of fraudulent implicated my son Sri xxx Deka in a kidnapping case keeping aside our submission dated 18/5/11 and onward submission.
6. The then investigating officer for the case (G.R) No.xxxx/11 Mr. xx Ahmed is accused (U/s 167) IPC for quoting over age of my son (Evidence available) to misguide, convince the court that my son is elder enough to marry according to law of the land and for altering the date as 23/05/2011 in GDE No. vvv to establish that the FIR (U/s 366 IPC) of Mrs xxx Mahato (Mother of Miss yyy Mahato) was lodge much before the missing report of my son.
7. I.O. Mr xxx Ahmed in the Accused Forwarding Report (PS Case No. xx/11 dated 26/5/11and in the charge sheet No. cccc/11 stated that the case is established u/s 366 IPC but in another case No bbbc/11 another I.O. stated in the charge sheet that:-
..”during my enquiry it came to light that Miss xx Mahato and her father namely vvv Mahato... threatened the complainant xxx Deka over their respective mobile phones on and off and on 18/05/2011 at about 7 PM also the aforesaid persons noted in the colmn No.3 threatened the complainant xxx Deka from their respective mobile phone to the complainant mobile phone to marry xxxx Mahato with an warning if the complainant xxx Deka failed to fulfil her demand then she will commit suicide so it is revealed that the 2nd party noted in the colmn No. 3 committed offence u/s 506/507”....
Depending on the first report my son Sri xxx Deka were sent to jail both report are contradictory therefore between the two I.O. someone must have filed false report before the honourable court. Because 18/05/2011 is the same date of incident one I.O stated that xxx Deka kidnapped the girl on 18/5/11 and another I.O. stated that xxxx Mahatoo and her father was making threatening phone call to xxxxx
Deka on 18/5/11 beyond the specified time of kidnapping as reported by the Mother of the girl in her FIR.
8. On 18/05/11 I and my son Sri xxx Deka went to the P.S. after 10 PM to lodge a FIR against xxx Mahato and her family for their threatening call but the P.S. refused to accept our written submission for this the State Police Accountability Commission Assam has expressed its displeasure on the conduct of the then SP and O/C xxxx PS. (Order copy available)
9. In my FIR dated 21/10/11 I informed that my son is beaten up by them and forced to live with the girl by way of blackmailing and threatening, police did not take any action even the police did not felt necessary to ask my son whether he is staying there under any threat or he is living of his will.
10. The girl side did their best to released my son on bail by misguiding the Hon’ble court that we made compromise with xxx Mahato and with her parents to withdraw the kidnapping case (Girl side has given this false written statement before the District Judge. Case No. xxxxx/11) whereas no such compromised we ever made rather we filed complaint case while she threatened me and my wife in front of the jail just few days before granting bail to my son the case was registered u/s 506 IPC case No.mmmmc/2011 in this case xxxx Mahato were convicted.
11. They (the girl side) lodged kidnapping case against my son they released my son on bail in the pretext of compromise and took him to their home and arranged to live together with the girl since we did not accept the girl as daughter in law and we informed that we will never accept xxx Mahato as daughter in law therefore the girl side perturbed us by trying to implicate us in heinous case u/s 498a. They took my son with them they arranged for living together this was their own decision for this if they did any expenses how we can be guilty.
12. The girl side first lodged (false) Kidnapping case u/s 366 and send my son to jail even though we did not yield, secondly when they understood that at any cost we will not accept the girl, immediately they filed dowry demand and DV case u/s 498a / 34 IPC to perturb us.
13. O.C and I.O cc Ahmed of Dibrugarh Police Station has done criminal offence u/s 191,193,199, 211 IPC therefore proceedings may kindly be directed.
If a public officer abuses his office either by an act of omission or commission, and the consequence of that is an injury to an individual, an action may be maintained against such public officer (SC)
14. Police should lodge FIR u/s 182,211 read with section 511 IPC for giving false information by xxx and xxx Mahato and 191,193,199 for perjury.
15. Police officer threatened us, I.O. xxx Ahmed did not follow the due process of law, my son Montu Deka has lost his academic life he is now in depression all these are for arbitrary decision of the police officer and our Azaher were refused to accept on 18/5/11 I am afraid that how my son will survive in his life.
For all the above noted reason I place my objection before the Hon’ble court against the F R and solicit the court to take legal action against those earring officials and perpetrator.
Informant
arijit singh
28 December 2014 at 20:12
respected seniors,
I am law student, someone asked me a question and I am confused.I am asking the same question to you
" will you take any case of rape in which the person who commited the rape comes to you ans says you will you fight my case, and you also know that your client is at fault.
which option will you choose?
1. you will not take the case.
2. you will take the case, for the purpose of earning more and more from him.
3. you will take the case and cheat with that person.
4. your personal opnion.
will you fight the case knowing that all the fault is of your client.
What will you do ??
ashutosh
28 December 2014 at 19:47
hi,
i applied for passport on 2012 from my home town but in 2013 nov i received a notice stating that A/C TO POLICE VERIFICATION REPORT U ARE not reciding in the address provided ?
now my problem is :
1) I am in urgent need of passport?
2) i have shifted to banglore since last 2 years , if i apply again for address proff can i submit a affidavit ?
M RAVI KUMAR
28 December 2014 at 17:14
Sir, My father has murdered in July 2001 and my mother was one of the accused A3. Since father's death we are not living with her. It was known that she was absent to court since 2005 and police reported the Sessions court that she was untraceable. How can i get Declaration of death of my mother Since my father is Govt. Employee to get pensionary benefits. I have not lodged any complaint in any police station for her absency. I am having the warrants in that she is not atteiding the court. Court declared she is untraceable and splitted the case on A1 & A2 and closed the case. kindly advice on the issue and suggest a good lawyer in Mahabubnagar of Telangana state - Urs Ravi
Member (Account Deleted)
28 December 2014 at 15:47
I would like to know the PROCEDURE for MARRIAGE REGISTRATION in Delhi, India for a couple who are foreigners (GERMAN and AUSTRALIAN) who have got married in India in a hindu traditional way, performing the 7 pheras. Also the documents required for their registration in India.
Please understand this is a GERMAN and AUSTRALIAN we are talking about who are NOT CITIZENS OF INDIA.
I have heard it can be done through OCI?
jagjit
28 December 2014 at 14:46
SIR , I WANT TO FILE AN APPLICATION FOR QUASHING THE INTERLOCUTORY ORDER PASSED BY THE LOWER COURT IN THE HIGH COURT. I HAVE ALL THE GROUNDS. BUT IT GOT DELAYED FOR 120 DAYS. CAN I FILE IT IN NORMAL WAY OR I HAVE FILE IT ALONG WITH THE CONDONATION OF DELAY APPLICATION SEPARATLY.
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Need suggestion from experts to execute my challenge against my ex gf
Dear Law experts,
I am a middle class employee working as an engineer in Hyderabad. My GF and her family stays in bhiwandi near Mumbai. She is my own uncle’s daughter. From my childhood to last four years my uncle’s family is a poor family. They used to ask our parents a lot to marry their daughter with me. My parents are also said ok but with a condition of children’s acceptance at their right age.
One day my uncle came to Hyderabad stay’s in my room and forcibly added his daughter profile in my FB friend list and asked me to interact each other. Initially I was not much interested due to that I didn’t met her from childhood, I don’t know her character..Etc. But she herself started chatting with me. And that chat shows her interest on me. I am also got connected to her as my parents also wants their maternal niece to become my wife. Later on I completely committed and loved truly. She also behaved like that only.
But meanwhile my uncles son has got a job in US, and sends money to India, they invests that in to their textile business and become somewhat rich than my family financial status. From that point their attitude changed, and started searching for some wealthier guy for their daughter.
And this girl is also planned to cheat me and slowly trying to avoid me. But she presents the relation in such way that she loves me very well, but because of their family interest, she is in confusion state. And I also told her if I can’t get married to her, I can’t live anymore. She catches that point and maintains the situation that she loves me, but their parents are forcing her and did house arrest..Etc.
She planned well to kill me (In the process of not talking to me, and giving the signals that reason is her parents. I thought really get suicide and almost tried). But luckily I didn’t, because in my mind I thought to talk to her once face to face then only to decide the things. After 6 months of gap, that meeting is happened after I came to know that she is engaged. And in that meeting I understood that she didn’t love me, she thought that I am an option, after she gets a wealthy guy she thought to leave me and also tried to make myself to get suicide because of her protection that she don’t want her husband to know her relationship with me.
That time I realized if I get suicide I will become a fool. And the same day I challenged her that I will ruin her life and make her to cry a lot for her cheating.
In this whole process my parents also got struggled a lot. Because of this metal pressure created by her own brother, my mother got an accident (leg fractured) and hospitalized, it will took 8 months to recover her health with 2 lacs money for surgery.
For me also I almost spent 3.5 years of time, 2 lacs of money on my love with her. And my mental pressure for last 10 months was too heavy, I almost cried alone every day.
Now she happily got married left me like this kind of situation. I know that legally I can’t do anything to her because of all laws in India are inclined to females. And I think by showing proofs to her husband also will not work much, because she may definitely well prepare him with her Oscar winning acting. And I feel this kind activity also so childish and immature. But I want to full fill my challenge. So in any other way I can fulfil my anger and shows her my capability. Please suggest me a plan.