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Paras Singh   19 July 2014 at 14:55

Fight against false dv case based on false allegation of illicit relationship

I am native of Nagpur[Maharashtra] & i am working at Jodhpur [ Rajasthan] since last 10 years.

I got married to a girl in May 2011, She stayed with me at jodhpur for 2 months ,then she went to her native place[Maternal]in August 2011 & stayed there for 1 year for completing her education. Then I fetch her back in June 2012 , she stayed with me for 7 months & went back to her native place[Maternal] to attend her cousins weeding in December 2012.
After that she never come back.
She filled an DV case against me as well as my family members in October 2013 in JMFC court.
The JMFC court passed imterim maintenance order of Rs 5000 pm. I had filled application in District court for stay order & Now as i am paying her Maintenance , I had filled Divorse application in family court.

She had levelled false alligation of illiit relation of me with one of my colleges daughter who got married in Feb 2013.
She said in her affidavit that I was in Live in relationship with her & she had shared my house with both of us during her stay at pali. She doesnt provide any proof relating to live in relation ship of physical or mental harrasment. Now i have to travel 1500 kms to & fro eevery 20 days to attend the Trial in JMFC, Distric Court & family Court.
During 3 years of period, she stayed with me at Jodhpur for 8 months, At Nagpur at my native place for 1 month & rest of the period at her native place[ Maternal]
Please provide me guidelines to come over these false case.

Kumar   19 July 2014 at 14:38

Dv act - quash for parents

Dear Experts,

My DV act is running in JM court and Me and my parents are respondents. I have planned to file Quash for my PARENTS (ONLY) in Madras HC. During quash hearing, Should my parents appear in court?
Since i am one of respondent, may i file this petition and do the argument WITHOUT ADVOCATE?

Please reply. Thanks.

Uday Kumar   19 July 2014 at 14:36

Unauthorised construction

Dear Sirs

We reside in a flat having 4 floors made and sold by builder
Now, Resident of 4th Floor/Top Floor is trying to make a construction for further harassment of the 2 floors without nay plan or approval.

We tried to stop them and even make a complaint in Police and concern Municipal Commissioner however no fruitful action arrived so far.

Now I want to go court to stay the illegal construction.
Kindly advise which should we prefer in Court. is it Suit for Injection along with 39 1/2 or other

Please help with a solid response

With Regards
Uday Kumar




Kumar   19 July 2014 at 14:17

Child custody - judgement copy

Hello Experts,

Where to find the judgement copy for the below case details:

Court : Madras HC
Case # : 1355 / 2014
Case type: HCP
Petitioner : G.Renukadevi

Please help.
Thanks.

Ashok Chourasia   19 July 2014 at 13:58

Quality control manager

I worked in a company. Una (H.P.)as Quality Control Manager from 11th Oct. 2012 to 30th Apr. 2014. No Increment was given to me till Jan 2014 and I resigned on 11th Jan 2014 but I was not relived and I had to continue services.
After many efforts Increment letter was given in the month of March around 15th 2014 terms conditions for notice period were changed as one month from employer side and three months from employee side, and as such I had to receive because the increment was to be lost in case I refuse the letter. While in the initial offer letter notice period was one month at which I joined the company .So I was kept under pressure to receive the letter.
There were absurd working conditions under which performing duties properly was not possible so I resigned again on 29th March 2014, and left the company on 30th April.
I was not given pay slip and no salary with increment, any earned leaves encasement and arrears was given to me, and salary of Month April is not being paid to me.This case may be filed in Labour Court? Bsic salary is Rs 20625 Total monthly with allowence 48600.Or in other act/court case will be filed.

soniya   19 July 2014 at 13:56

Arbitration petition for appointment of arbitration u/s 11 of arb. act.

Dear and respected members,

kindly help me with a draft of u/s 11 petition under arbitration act. for appointment of an arbitrator. Just confused with the prayers and format. I have to file the same before Hon'ble bombay hing court.

thanks alot.


regards.


adv. soniya sharma.

Uday Kumar   19 July 2014 at 13:44

Section 263(g) crpc

Hello Sir,

How Section 263(G) will be applicable in a case of NI Act in view of Section 145(2) NI Act Mandvi(Supra)

Magistrate on very first date accepting Bail of the Accused framed the charge and fixed for 263(g) which is not correct in view of Mandvi(Supra)

With Regards
Uday Kumar

Aditya Tiwari   19 July 2014 at 13:09

License for hookah bar

Respected Sir,

i am from chhattisgarh, and want to open a Restaurent with hookah facility, so i am keen to know what is the legal process for applying for hookah bar license....and is there a fast process way for the same.

I will bevery thankful, if i can get an answer regarding the above query,as soon as possible...


thanks,,...

NIKHIL   19 July 2014 at 12:35

Court fees

I want to ask that there was an agreement to sale between A and B for the value of Rs. 20 Lakh. Later due to a dispute the case went to the court. A suit was filed. Now A has shown the actual value of the property as 18 lakh and in actual it is the same. Now I want to ask that what will happen to the court fee of deficit amount. It will be better if you could tell me the court fee in all situation of the case and the laws involved

Paras Singh   19 July 2014 at 12:34

Fight against false dv complaint on the basis of allegations of illicit relations

Fight against False DV complaint on the basis of allegations of illicit relations
I, PARAS SINGH residence at Nagpur hereby giving detail information that. I had married with SARITA on dated 15/05/2011 as per Hindu custom and rites. SARITA came to my home along with her aunty & cousin on dated 15.05.2013. They stayed at my home at Nagpur to perform custom & rites upto 18.05.2013. Then on 19.05.2013 all the family members went for pilgrim tour to perform puja We return back on 23.05.2013. at the very next day on 24.5.2013, Me & My wife went to Jodhpur, where I was doing private job & residing since last 8 years .
Before marriage my wife sarita is studying in Private collage doing MCM, part I,After marriage the result of MCM Part I was declared and My wife declared failed in some subject. She always use to pressurize about continuing the education.She called her real brother to jodhpur for Rakhi festival on dated 10.08.2011.After rakhi festival she returned back to her home Amravati directly on 14.08.2011 with her own willings & she continued to stay there ,attended the collage of MCM II year for one year upto June 2013. During this period she had attended the winter 2011 & summer 2012 exam of MCM first year & second year also.
Then I had visited to Amravati to fetch My wife in the month of june 2012 and both went to Jodhpur. After some days the results were declared, in which she had failed in some subjects of MCM II year & she again wants to continue her education & she filled the examination form of II year. She used to put quarrel all the time & stopped cooking food. During the month of September & October 2012 .I had to take food from Staff Canteen Mess. She always use to put quarrel with me by saying that “I am blackish & doesn’t want to marry me”. She doesn’t want to stay with me . On 30 th October she when she tried to assault me. I called her parents along with my elder brother to solve the matter. During meeting she said that she doesn’t want to stay with me & she want to continue her education. After hearing all the matter all the peoples decided that if she wants to complete her education she will attend the final year exam in December 2012 & she will return back to Nagpur & then to Jodhpur after attending her cousin brothers marriage which will be held on 1.01.2013.
I had done train reservations on dated 10.11.2012 & We both return to Nagpur for Diwali festival. After Diwali festival her Father visited our home in Nagpur to fetch her back to attend the MCM II year examinationon dated 18.11.2012. I return to Jodhpur on dated 18.11.2012. After Completing the examination She visited to Nagpur on 20.12.2012 & again she called her father to fetch her to attend her cousins weeding. Her father came & get her back on 25.12.2012.
While returning she take all her belongings along with her ornaments & my golden bracelet with her by saying that she need it for her brother & she will take it back while returning to Jodhpur
I had also called her on 24.12.2013 for conveying birthday wishes & asking her for return reservation confirmation. She replied that after attending the cousins marriage she will be back to Nagpur on 7.01.2013 to attend the Bhagwat katha utsav & then will confirm regarding the ticket confirmation. My family members celebrated her birthday with great joy without having notice of her cruel intensions.
After that she stopped receiving calls from my side.She never return back after that day. When she doesn’t return for Bhagwat katha utsav my parents called her but she & her parents refused to send her back.
I came to know that she had appeared for winter 2013 examination .So I think that she will return back after completing her examination. She stayed with her parents during this period , she never contacted me or to my parents during the above said period.
On 22.05.2013 she send a registered letter to me by putting false allegations on me. My elder brother contacted her father to ask about the matter , but he bluntly refuse to answer & said that My daughter will not stay with me & threat him that he will humiliate the family in court.

After this She sent me legal notice & filled an Complaint under Domestic Violance act in October 2013 involving My Father, Mother, Elder Brother, Younger Brother & Sister Who lived at Nagpur. And against one girl who is residence of Jodhpur & she is daughter of One of College , she is like little sister to me.
In this complaint she filled false complaint that;
1. I had having an illicit relation with the girl & we were living in Live in relationship at Jodhpur.
2. I had deliberately send her to her native place against her will.
3. I use to beat her mercilessly & abuse her.
4. The girl also use to beat her.
5. My parents were use to treat her like servant & beat her.
6. She was thrown out of house after Diwali in Nov. 2012.
7. I had taken all of her gold ornaments & belongings before sending her to home.
8. She demanded 30 lac rupees as compensation & Monthly Maintenance of 30,000 rupees alongwith shelter & other expenses.

Since I am working in Rajasthan & case was filled in Maharashtra , I had appointed a lawyer. The case was continued; meantime she filled for Interim Maintenance of Rs. 30000. As I am having Monthly salary of Rs.34000 & in hand salary of 14000 I submitted my salary slip to JMFC court, The court had passed interim Maintenance of Rs 5000 Per month to her.
As I am getting 14000 per month & my Father, Mother, Were dependent upon me & I had to attend the case every month I need to travel from Jodhpur to Amravati every month, It is not possible for me to pay Rs 5000 per month so I filled an case for stay against maintenance order in District court in March 2014.
Now My wife & her Lawyer were deliberately delaying the Case in District court.
In JMFC court , she said in her affidavit that When she came to reside with me at Jodhpur , The Girl was also staying with me & We three were living under one roof.
She still claims that I am still living with that girl in my house.
Where the fact is,
1. That girl was tying me Rakhi since last ten years & we were having photos of Rakhi function with her family.
2. That girl was married in February 2012 & we had submitted her marriage card to Court.
3. Now that girl is living with her husband since last 2 years at different place.
4. Her father is living in same township where we are working.
5. She was never given any bad treatment , nor she had complaint anything during her stay.
6. We got married in May 2011 & she left my house at Nagpur in Nov. 2012. That means During period of 18 Months , She stayed with me at jodhpur for 6 months , My family at Nagpur for 15 days & rest 11 months at her Fathers house with her own willing, & still she filed an DV case.
7. Now I had filled a Divorse application against her in Family Court Nagpur, Where During Mediation she says that she wants to stay with me but she is not ready to withdraw false allegations & Domestic Violence case which is running at JMFC court.
8. She still wants Rs. 30 lacs as compensation.
9. She wants to fetch that innocent girl to court, Which will badly affect her married life.
10. As I have to travel 3000 Kms To & Fro every 20 days to Fight cases in three different court, [JMFC court, District Court & Family Court].I was totally broken emotionally, mentally, physically,socially. I am totally exhausted. I had to take leave which were unpaid & I am getting salary of Rs 8000. Per month only.

Please provide me right solution & citation to fight against such false, greedy, and inhuman peoples.