Kapil Bhardwaj
27 July 2014 at 13:41
Sir/Madam
I am Kapil and need your kind help in a matter. I shall be very grateful in any advice.
It was 2011 when my younger sister 'X' eloped and married to a guy. as she was a major police also didn't interfere and help us to find her. some time we got missed calls on our land line and on mobile phones from unknown nos. we continuously tried to call back on that no. but nobody picked or most of the times it found switched off. fortunately one day my younger sister managed to talk to us and started crying and told us she wants to come back.we then filed a case in district court of kidnapping and murder of my sister from the guy u/s 156(3). after that court summoned that guy and his family member to appear in the court with my sister. after their excuses and 3-4 date they brought my sister to court and The Honb'le Magistrate asked my sister where she wants to leave then straightaway she said 'with my father'. and she came back to my family.
later on she revealed to my mother, after some day she eloped, the guy with their parents and his elder brother started torturing her to bring money and for property owned by my father, and the marriage was registered to the registrar office where she never appeared. all the marriage documents were forged and made by some dalal and his elder brother.
After one month the guy file a case of HMA section 9 which was disposed off my the The Honb'le Magistrate. Then that guy along with his father and brother started threatening us on phone in odd hours and outside anywhere. My elder sister 'Y' also left her teaching job due to their fear.
To get rid of them and to take divorce we filed case of dowry and maintenance in court. One day on hearing of these cases in court both brother with 7-8 other guys attacked on me and broke my nose. on which police registered an FIR u/s 323/* IPC.
After some day the elder brother and his father early in the morning came in front of my house started abusing and offensive words to my sister 'Y' who was cleaning the home at gate. when she protested they caught her and tried to drag her. His father removed the Dupatta from her. on hearing the argument one lady neighbor came to interfere then they pushed and threatened her also. I was inside the house came out of the home then they ran away. I ran behind them, they threw bricks on me and escaped. in this matter police also registered an FIR in section 354 IPC against the father and elder brother of that guy.
on this in the court they became ready to give divorce and filed 1st motion. after six month before filing 2nd motion they put condition to quash all FIRs and cases we filed in court. because we wanted to get rid of them we all family members signed the documents with undertaking and took back all the cases in court and I quashed the FIR of 323 IPC in high court but the The Honb'le Magistrate in high court asked them to submit Rs. 50000 in Prime minister relief fund.
After this they didn't leave to following my sisters and passing comments on them. on the day of quashing FIR u/s 354 IPC when The Honb'le Magistrate asked my sister Y, whether she wants to quash this FIR then she requested The Honb'le Magistrate to ensure her safety as they are still following and pass filthy comments. after the quashing of FIR they can do more than this. The Honb'le Magistrate then said you have given undertaking in the court, you should thought the same before, in the mean time public prosecutor has informed The Honb'le Magistrate that these father & son are accused in seven more cases of attempt to murder, theft and kidnapping.Then The Honb'le Magistrate ordered the IO to file the status report of these father son and gave another date of hearing.
The status report was filed and the elder brother was found involved in kidnapping and father was involved in electricity theft and cases are under trial.
we have been called for next hearing.
after this that guy filed a case of contempt of court against my sister Y in the family court where undertaking was given and decree of divorce was given.
now sir/madam please help me whether in a case of 354 IPC can a guy forced a victim to quash the FIR on the basis of undertaking as it was not a case related to that guy with whom my sister X eloped nor related to my sister X ?
what decision The Honb'le Magistrate may take in this situation where the contempt of court has been filed ?
it is pertinent to mention here that the have also not deposited Rs. 50000/- to prime minister relief fund and appealed in Supreme Court for this.
anil sharma
27 July 2014 at 13:24
hello respected experts
wants to know that I was terminated from rajasthan roadway due to gaban, court judgment has my favour, and department is not ready to agree that I am not guilty, neighter department giving me the order for joining my duty, criminal court has also free for me of charges, labour court decided in my favour and some amount of balance given to me but department is saying that this court had not right to hearing so they file second appeal against the decission of ADJ'S CIVIL COURTS ORDER OR DECREE IN RAJASTHAN HIGH COURT JAIPUR BENCH,
what is the legal option, plz suggest me, as soon sa possible
thanks
sanjay r
27 July 2014 at 12:14
A lady who has filed a false 498a case against her husband has been wrongfully accusing another lady of having an affair with the husband and has been telling vicious lies about her. Should the victim take some legal action against the lady who has filed the false case?
balakrishna vagicharla
27 July 2014 at 11:37
there is a spelling mistake in my children irt certificates.what is the procedure to correct them.actula sirname is VAGICHARLA but given sirname is VAGICHERLA.birt certificates have been issued from khammam municipal corporation,telengana. i am residing in gannavaram,krishna district,andhrapradesh. can i get correction in surname of my children's birth certificates .actually i need them to apply for passport. provide valuable suggetion.
kind regards
Balakrishna vagicharla
Bindhu
27 July 2014 at 11:21
Hi,
My husband have left the home and staying separately with me and my little son by listening to there parents words so from the time he left the home he is not speaking on the phone also, we had sent so many elder people for arrangement the reasons what they are saying are
1. They don't want to stay together. They want divorce from me.
2. They are saying the reason as i did't understand my husband properly and he had suffered with me staying for 6 years.
I didn't applied any case on him assuming that he will change his mind and come back soon but he is not changing his mind only with out any reason and want to marry some one else there parents and he is playing a drama with me and my son and parents
what my questions to the lawyers is
1. Can he file a divorce case. If he applies for divorce case he will get the divorce by saying the reason she didn't listen to my words
2. Can he apply for divorce saying that we both are staying separately for more than 2 years on that basis can he apply? but the actual situation is he is avoiding me from contact this reason what he is saying will be valid?
3. Can i raise a petition on him saying that i want my husband, he is not taking me to there home? what will be the circumstances for this petition
4. If i wont put any petition or any thing staying like that,can he get divorce at any situation.
What are the other ways i can proceed through court to get my husband back.
ramprasad patel
27 July 2014 at 09:41
Sir mera ek check miss ho gaya tha us check main self 2 bar likha gaya tha ek self ko mere dwara kat kar mene daskhat kiye the net banking ke dwara check payment stop kiya tha jiski $ 51 bank dwara kata gaya tha ek vyakti dwara us check per khud ka name likh kar us vyakti dwara bank main jama kardiya tha bank na check return perchi main 2 point not kiye the (1)FUNDS INSUFFICIENT (12)ALTERATIONS REQUIRE DRWA"S AUTHENTICATION, us vyatike vakil dwara ek ligal notic mere permanent pate per bheja tha parntu vah mujhe nahin mila kisi anya vyakti dwara recived kiya gaya mujh par N.I.act ka mukadma laga diya hai me kya karun
abhi sachdev
27 July 2014 at 04:23
Hi!I was informed by an old colleague about a business model and was asked to meet one of the company's head for a meeting at CCD in Janpath, Delhi. He proposed me to join for a partnership at 3 lack signing amount and work together to market, strategic and sell some popular brands like electronics,luxury, etc.He did not provide any details about business process or company name.
Now I am scheduled to meet him on 27 july, Sunday at 3pm and he asked me to bring cheque book to finalize yes or no in that meeting only where he may explain his business or company.
I request you to tell me if this is a pyramid company; if yes: and is it illegal ? can i do anything at this point to file a criminal case against them or inform police.
BIKRAM
27 July 2014 at 00:05
Respected Experts, Presenty working at haryana which was our matrimonial place. My sec 9 rcr was filled at west bengal, reconciliation was failed. It is now witness stage(2 years) but last 4 month no activities was done due to court leave/slow procedure. Sec 24 maintenance Rs.8000 was given 2 times , now last 4 month(Rs.32000) pending. Sec 26 child visitation order not followed by wife. They are going for stay petition. What should i do?? Please suggess , they are just playing with my emotions. Should i move for divorce? & where?
KULDEEP KUMAR
26 July 2014 at 22:51
I have been working in an Indian Mining and Metals company for last one year and 5 months in the middle management. Company has a number of locations around Udaipur, Rajasthan. I am working in one of the remote site of company where company has a township as well. I have been allotted accommodation there without my asking for it. I am not residing in this company accommodation. As I did not find this location comfortable enough for my family to stay, I have taken a house on rent in the City which is 30 kms from my work place. I use my personal vehicle for commuting to the workplace everyday. I am abiding by the working hours but my reporting authority has been continuously asking me to stay in the accommodation provided at work site. I am not claiming any HRA exemption for my rental house in city as well. In a way my reporting authority is trying to dictate my life after working hours as well. Is it in the jurisdiction of my employer to dictate my accommodation or my personal life after the working hours? If yes, then please tell me the relevant rules and regulations. If no, then please tell me under which rules can I ensure my freedom beyond working hours? It will be a great help.
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