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498a Fake Case Victim   28 September 2014 at 20:30

Talaqnama and mehr money sent by post, reply given by fake 498a case

Hello Expert,

I have few question regarding Talaqnama and fake 498a case.

1. My ex wife didn't wanted to stay with me and after several try of getting her back failed, then I sent Talaqnama. Is Talaqnama and Mahr sent by post valid?
2. If I show Registry post receiving in Court, is that a vaild proof that court will accept.
3. Wife lodge fake case after I send Talaqnama, is that case valid.
4. Which all counter case I can lodge.

Please suggest me in this matter. Kindly let me know if you need more details.

Kakuli Sarkar   28 September 2014 at 20:11

Divorce giving without monitary claim

My married life is 12 years. Out of 12years for the last 2years i am living in my father's house separately with my 9years son. Currently my husband filed divorce case. My son not even want to meet with his father and also opposing to talk with his father. My husband inharits some phycho problem from my mother in law. My mother in law is a mental patient. I am working in a private company earning 10000/- per month. My question is can i capable to claim my aluimany? If i give him divorce without any monitary claim then how long will be the case run?
Raktima Pal

ajay raj   28 September 2014 at 20:04

Restoration of criminal appeal

sir , is there any provision for restoration pf criminal appeal dismissed in defoult by ADJ? can criminal appeal be restore in session court?

bawa bedi   28 September 2014 at 18:54

Marriage in prison

Hello Experts

i have a query regarding marriage in prison. can you please help me out in this query that is there any law regarding the marriage of a boy who is undertrial in the murder case. he is in prison since march 2013. please help me with some authority or judgement of any court that allows a boy in prison to marry a girl.
waiting for your precious advise.
regards
Bawa Bedi

SUBHAM AGARWAL   28 September 2014 at 18:12

Application for withdrawal of court cases in amicable settlement

In amicable settlement recorded in High Court in Joint Afidavit it IS mentioned that both the parties husband and wife shall withdraw all the litigation pending in albetween them in different courts.
High court has directed that parties shall move an application for the withdrawal of pending cases.It is further directed that the parties may move an application in 4 weeks from today before the court concerned and the court concerned may pass appropriate order.
As there are three cases pending in various courts of other state having various dates.
Can we move application in one day in all the three courts or we have to wait till the specific date of each case arise in the specific court for withdrawal of case

Priyanshi   28 September 2014 at 17:46

Extra marritial affair

Respected Experts,
My Father is having relation with other woman since 25 years and is living with her at her house since 15 years illegally. We are living in my grandfather other house alone. although my father is not living with us he continuosly interfere in our home.He dont pay us any amount for maintainence. We have a small shop which is the only source of income for us. He just pay my younger sister college fees. He tortured my Mother for 10 years physically. and after that mentally. As we are bearing it since last 25 years, so there are many big incidents.Now from last some days he is trying to through us out of the house in which we are currently living. Sir can you please guide that what legal action can be taken against him. and can he throw us like this when My father and mother are not divorced.I will be really greatful if your advice can help us in any way.

Adv M.D.Azhar   28 September 2014 at 17:25

About the suit

Sir, A and B were brothers. both purchased a house in which they have equal rights. Both invested money in it. But property was purchased on the name of B. there is no clause in sale deed that, both have paid the consideration. Now the problem is that B has died and her wife want to sold out the said property. She has also a minor child. So now A want to file a suit before the court that She will not transfer the said property to anyone but the problem is that weather A has locus to file the suit? Please guide me

Adv M.D.Azhar   28 September 2014 at 17:18

Jurisdiction in n.i. act

Sir, Before the judgment held by the S.C.in case of Dashrath singh. A had given certian cheques to B. When his account at. Y. Meanwhile because he was doing government job he moved to Z where his account was transferred. after some time dispute arise between A and B. So B to whom Sheques were given deposited the Cheques at Y. Branch. Banker of the Y. informed her to deposit the said Cheques to Z. from where those cheques were returned. So becuase B was living in the jurisdiction at Y. He filed complain there but after giving the Judgment in above mentioned cheque. A the accussed argued before the court that said cheque was returned from Z. So the matter should be transfered to Z. So Complainant B argued before the court that Cheques which have been given to her belongs to Y. Branch therefore it need not to be transferred. is it right?

Kamal Sharma   28 September 2014 at 16:58

Ancestral property status for daughters

Respected Experts,

I have a query regarding the parental property.

My wife is one of two Children of my father-in-law (1 Boy + 1 Girl). My father-in-law is denying my wife's share of ancestral property and transferred all his property to his son via Release Deed. We filed a case in Sub-Division and lost on the basis that the court didn't approve the property to be ancestral because half of the property in dispute was inherited by my great father-in-law (father-in-Law's Father) from his uncle and half from his own father. The family Tree is given below:

https://drive.google.com/file/d/0B4oA9dfIWgKwQmVJUTdldXdkMkk/view?usp=sharing

Please zoom the document or download it for your easy viewing of the family tree. My Wife is Labeled as DAUGHTER in this Family Tree.

The Property in Dispute was inherited by Grandfather D from his father C1 and his uncle C2 who were brothers and C2 was childless. Also, C1 died before C2 so the resulting property was directly inherited by D.

MY Question is:

1) Is this property considered Ancestral?

2) If yes then is the whole property is Ancestral or just the Half which was inherited by D from his father C1?

3) By mistake The Judge had the impression that C1, C2 and D are real brothers whereas in reality C1 and C2 are real brothers and D was son of C1.

So, on that wrong information the court decided that the property inherited by D which was inherited from C1 and C2 is not ancestral (since they were real brothers of D according to the court).

So, my question is that even in this case where the court misread the information that they were real brothers (C1,C2 and D) and D inherited property from them. According to this logic C1, C2 and D were sons of B and hence D was entitled for 1/3 share of the property by default? So, at least the 1/3 of the property in dispute here is ancestral?

Thank You very much,
Kamal

sandeep shukla   28 September 2014 at 16:10

Correction/ amendment in complaint under section 138 ni act

a complaint was filed under section 138 NI Act. in the name of complainant, due to some mistake, only name of the firms was mentioned in favor of which the cheque was issued.
the case was filed on behalf of attorney holder but in the parties name only firms name was mentioned "through attorney holder ......' was not mentioned.
how will i correct it.