498 Exploited
03 October 2014 at 21:14
Dear Experts
My wife filed TP for divorce case going on in HP to familiy court ranchi in SC.now there is a stay on this case. my SC lawyer says to drag this case in SC mediation cell. now my question is:
1.Will this case surely go to mediation cell in SC ?
2.even at mediation cell if wife is not agree for 1 time settlement then can i ask court for the reimbursement of her to and fro journey fare as it is very dangerous for to go to ranchi as anything may happen to me at ranchi due to the influence of her father
3. Can i switch over to live in relationship with any married or unmarried girl later on. as this case may take years however it has gone 9 months filing this case.
ABC
03 October 2014 at 20:25
I GOT THE MEMO OF STOP PAYMENT BY DRAWER.I COULD NOT GAVE THE U/S 138SECTION NOTICE. BUT AGAIN I APPEAR THE CHEQUE AFTER 2 MONTH IN THE BANK AND THE BANK GAVE THE RETURN MEMO OF STOP PAYMENT BY DRAWER.AFTER THAT I GAVE THE NOTICE (U/S 138) TO ACCUSED.CAN I TAKE ACTION AGAIST ACCUSED AS PER 138 SECTION.
ABC
03 October 2014 at 20:21
I GOT THE MEMO OF STOP PAYMENT BY DRAWER.I COULD NOT GAVE THE U/S 138SECTION NOTICE. BUT AGAIN I APPEAR THE CHEQUE AFTER 2 MONTH IN THE BANK AND THE BANK GAVE THE RETURN MEMO OF STOP PAYMENT BY DRAWER.AFTER THAT I GAVE THE NOTICE (U/S 138) TO ACCUSED.CAN I TAKE ACTION AGAIST ACCUSED AS PER 138 SECTION.
chander mohan
03 October 2014 at 20:16
Hi all. Am I liable to pay maintenance to my daughter who is living with her mother, if my wife re-marry after getting divorce.
tarun
03 October 2014 at 17:44
Adverse possession of land by state government by last 23 years.Now what is remedy? in revenue records such as jamabandi, land is being reflected in my father's uncle name who died intestate without any class1 legal heir.
Ashok Kuvadia
03 October 2014 at 17:19
DISCHARGE APPLICATION FILED BY ACCUSED U/S- 239 OF CR. P. C. :
Dear Experts,
(01) I have lodged Police complaint against our Society’s then Secretary & Chairman about forgery of my signature in a consent letter which is forged and fabricated, which is giving a valuable right to then Secretary to construct additional building of our Society. And he constructed building on the strength of same forged and fabricated consent letter.
(02) Police have taken my hand writings and specimen signatures. The hand writings and specimen signatures of then Secretary have also been taken by Police along with other members of our Society. And all hand writings and specimen signatures were sent to State Examiner of Documents, CID-Crime, Maharashtra Police, to check veracity of signature.
(03) Police have obtained Opinion of State Examiner of Document, CID-Crime. As per same (a) My (i.e. complainant’s) signature is found to have been forged and fabricated in consent letter & (b) About then Secretary to check whether forgery is done by him, it has mentioned that--“For want of identifying features, he is unable to express any definite opinion”.
(04) Since my (i.e. complainant’s) signature is proved to be forged, subsequently FIR lodged, then Secretary was jailed & Charge-Sheet is filed against our Society’s then Secretary & Chairman.
(05) In Dosharoppatra Form: 5-E of Charge-Sheet, Police has mentioned that-- “Society’s then Secretary & Chairman for their own benefit mutually conspired so that to get permission for construction in the name of then Secretary, therefore they forged the signature of complainant in consent letter by SOME UNKNOWN PERSON by preparing said forged and fabricated valuable security they fraudulently and dishonestly represented and used it as a genuine for the purpose of cheating submitted to Municipal Corporation through Architect and obtain the permission for construction. Thus committed fraud with complainant and Municipal Corporation. Similarly then Secretary & Chairman in conspiracy informed that its original fabricated valuable security is lost, thus destroyed the evidence. Hence Section 420, 465, 467, 468, 471, 201, 34 of I.P.C.”
(06) Matter is pending at Magistrate Court, Charges are not yet formed. In the meantime, the accused then Secretary has filed a DISCHARGED application u/s- 239 of Cr. P.C.
(07) In discharge application accused has taken ground that--
(a) “If terminology of the Sections are taken into consideration, there must be allegation that accused have forged the signatures and documents. In the complaint there is no allegation that accused ON THEIR OWN have done this act and there was only a suspicion expressed about it”.
(b) “On examination of the Charge-Sheet, it is crystal clear that the accused has not committed any offence and there is no concrete evidence to prove that he had actually indulged in any forgery crime”.
My Query:
(A1) As mentioned above in para- (07) (a), is it mandatory that there must be allegation that accused HIMSELF have forged the signature?
(A2) Allegation of Police in Charge-Sheet that accused forged the signature of complainant in consent letter by SOME UNKNOWN PERSON is sufficient or not?
(A3) By going through para-(05) (allegation in Charge-Sheet), whether accused has committed any offence and had he actually indulged in any forgery crime?
(A4) For want of identifying features, hand writing expert is unable to express any definite opinion whether forgery is done by the hand of accused or not. From this can accused claim that he has not committed forgery by his own hand?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
Vinesh K Chhaya
03 October 2014 at 16:57
Can Anticipatory bail application granted before lodging FIR..
Complainant made application in nearby police station against My client police inform and called upon to my client for statement...my client seen the probability of his arrest when he would go to police station for statement...so can he apply for anticipatory bail and get opportunity to protect his right to anticipatory bail under 438(CRPC) ??
anticipatory bail application before FIR can be consider as premature application....I heard about blank order can be possible at same circumstances...
SANJEEV JAIN
03 October 2014 at 16:36
In a civil suit filed by 'A' (plaintiff), 'B' (defendant) declares his age as 40 years in his AFFIDAVIT, whereas in other criminal complaint u/s 138 of N.I.Act filed by A against B, AFTER SEVEN YEARS of B's Affidavit, his advocate 'C' appeals to the court to dismiss the criminal complaint by default and writes about ACCUSED 'B' as a senior citizen of 77 years old, and the court dismisses the complaint on that application.
Is there a fraud or criminal offence committed in this scenario ? Against whom and under which sections the case/es can be lodged ?
Jayant Yadav
03 October 2014 at 16:34
Dear Experts,
my sister is going through DV and divorce. She was alloted a flat by DDA under PH category, however due to DDA rules name of her husband is added in conveyance deed. As a result the loan was also in joint names. However my sister has paid all EMIs from her account and nearly 10% is paid as cash in lumpsum. currently her husband is out of home due to order by MM in DV. We are advised to file injunction and declaration suit,to keep him away. Can you please help by your suggestion on following:
1. What will be the court fee, which will have to be paid? Flat is currently worth about a crore but was acquired at about 12.5 lacs.
2. Will the allotment under PH category, will have any bearing on the decision?
3. Will the payment record will have a bearing or it will be distributed 50/50.
Thanks in advance for your guidance.
Regards,
Jayant
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Can i pray the court to order me to give premannat alimony in crpc 125 case
Hello experts:
here are few details about my cases:
1. DV case dismissed by JMFC court as allegations were not proved by wife and many were proved to be false. Appeal by wife is pending in session court since last one and half year, Wife just delaying it.
2. CRPC 125 order by Family court clearly says that I have never ill treated my wife and her allegations can not be considered to be true.But, as I have filed divorce case and i won't take her back, I have been ordered to pay 8k per month to wife and my kid. Wife is already working.
3.Divorce case pending before same family court.Wife just says that she wants to come back and is asking for 18 lakhs for mutual divorce which i can't pay.In the court she says she is ready to come back but she needs guarantee that she will not be murdered by me if she comes back :)
I have to pay huge amount as crpc 125 was dragged for longer time and I have paid almost half of the amount in last 3 months. Wife threatening arrest warrant> i was not working for 2 years almost but got a moderate job few months back.
my both parents are ill and i have to take care of them everyday. I am loosing my own health too because of constant pressure from family court and biased nature of the judge. Most interesting thing in my case is that DV case is dismissed but wife's appeal for interim in DV case is still pending( appeal against main case is different) in session court since 2011. The judge is not dismissing it :) even if I am requesting it on every date. Wife never attended it
I just want to end this now as I am loosing time, money and peace of mind because of all this.
my questions are:
1. can I pray Family court to decide permanent alimony so that I can pay my wife one time. It will help me to concentrate more on my family and other personal issues.
2. if answer to first question is yes, what are pros and cons of such request?
3.is permanent alimony in crpc 125 and civil case like HMA 24 is different in nature ?
4. It will be very helpful if someone can tell me approximate amount for permanent alimony. Cureently I am at rate 8 thousand per month
Thanks in advance for your valuable suggestions and advice.