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Amit   05 July 2014 at 08:07

Qs on attendance and withdrawal of ia

Hi, couple of questions:

(1) I work in one city while my wife filed DVC in another city. The magistrate keeps asking me to attend despite telling him that I work in far away city and it's hard for me to attend. Every time I'm asked to pay penalty for not attending.
Is it compulsory to attend every date in DVC? How can I avoid attending? I'd like to attend only when my presence is necessary.

(2) HC gave an order to magistrate to complete the DVC case in 3 months. But the magistrate is giving dates every 2 weeks or so. I don't think he's interested in finishing in 3 months. What action can I take if he continues to delay the case?

(3) I filed an IA in my divorce case to get her passport details. Now I no longer need them. How can I withdraw this IA ?

Thanks

Raj   05 July 2014 at 06:41

Hi

I would like to initiate the divorce process on account of the following circumstances.

We got married four years back and my wife is mentally unstable (Hyperactive, abusive, compulsive and sometimes uncontrollable).

She wanted to move to her hometown to Delhi from Chennai. Though we stayed hardly together (max 5 months) and lived separately during this time like she used to live for 5 months in Chennai and remaining in Delhi or even 2 years she did the last time.

She returned at the beginning of this year and told me wanted to start family and behaved in a very normal way. After a while she got pregnant and its started all over which let me shocked and now worried for the unborn baby.

She says if you want to see baby or me shift to Delhi otherwise don't come. She already created a mess talking to my brother and says I dint support her till date and staying with my parents and I did whatever I could in terms of paying monthly rent and other households.

I am in a terrific situation explaining to anyone nor disclose as she behaved very well this time than any other time before (frequent fights).

I kindly request you to advise me of any immediate solution as myself leading a very stressful life.

Thanks for your reply in advance.

Raj

Neeraj Kumar Giri   05 July 2014 at 00:33

Charge sheet by police

Dear Experts,
Kindly give your reply:
One case is of a social worker who was engaged in social work of the society as well as he use to fight against illegal activity in society, in 2002 he was shoot dead by some anti socialist element, and the Police investigated and made some arrest of local proclaimed criminals and made investigation,but police fails to complete investigation, till now Police have not submitted charge sheet as well as the prosecution have fails to prove the charge upon the alleged accused, who were sheltered by some person having political clout pointed by the family members.As such it is now 2014 according to section Crpc there is no time limit prescribe for submission of charge sheet, My question is can the victim family appoint a addition advocate to assist prosecution lawyer, or can the family demand for CBI inquiry upon a ground that, police fails to bring the fact in 12 long years and the apathy and inaction of police made the case weak.
Kindly tell me under what circumstance Court order a Judicial inquiry or High level inquiry.
Thank You.









raj   05 July 2014 at 00:09

Please guide course of action

Sir , I have appeared in a departmental exam of a PSU bank . The written exam results were declared and my name has appeared in the interview list . After 2 days from the list my name has been removed . The list was available at the bank intranet site and was visible to everyone later in the new list the name has been removed without giving a reason .
Though we have asked for a clarification , no further clarification have been given , even the interview is over and final list of successful candidates have been published.
This event has caused lot of mental trauma . What can be the further course of action..Please guide

INDIAN LADY   04 July 2014 at 23:51

Execution of Maintenance

Respected Experts , I have filed execution for interim in 125 two months back. On first date advocate of my husband given the vakaltnama to court. 3 days prior to execution in regular 125 suit , Judge asked him to make the payment but he replied he will pay on execution hearing date but again on execution hearing he just submitted the vakaltnama and taken the next date. For last 6 months his advocate is doing the same thing. Now my query is a) How long he can strech to not to give the payment b) what shoud I do now to recover the payment fast c) Suppose To put the pressure if I will file one more execution of 2 months only , will the court club with first one execution or it will run separate. D) as in the court if my advocate could not reach on time can I request to Judge to ask to advocate of opp. party to wait till my advocate is coming bcoz opp. Party advocate is taking the benefit to take next date on non presence of my advocate e) In absence of my advocate what shoud I ask to court for recovery in execution. Kindly advise

ckanta   04 July 2014 at 23:34

138 ni act

Sir,

I have filed one case against my husband collegue u/s 138 ni act for 65000.
He has taken a defence that the cheque has been handed over to my husband 10 years ago as security against one loan which he has already repaid but my husband did not returned the chequueand now I have used that cheque However he did not have any document or anything to prove the same. I have also taken some loans from cooperative societies and some legal action is also pending against me due to default. Howver he is using that point against me by summoning those societies in DE to prove that I have no financial capacity to lend the amount but the fact is i have lent him money in his bad time as friendly loan only.
Please tell me whether his defence will substantiate or i will be succeding as he has issued the cheque and presumption is also in my favour.

thanks

RITESH KUMAR   04 July 2014 at 23:16

Property distribution between sons

sir I am Ritesh kumar. I am a student.
I have a brother and mother and my father is not still alive.

There is some ancestral property (land or building)of my father's name by my grand father.
after the death of my father my mother took all the properties in her hand.
but now in today my mother and brother started to sell the property one by one and take all the money to themselves,also i told them why had you sold the property without my notification.
When i asked them to give me my shares they all refused to give me my shares.
and said to me that there is no shares of mine.

I am the son of my father or mother also.

have there no rights on the property by me which were left by my father.

dear sir/mam
i primarily want to stop the selling of properties as soon as possible.

i want to take my shares from them.
what am i to do.
please give me a suitable guidance or a legal guidance.
please help me sir.

or if my rights will be on the property than then the property will be distributed between how many person.
there are 3 person, Me my brother or mother.

also where (which court) i will have to appeal for the property distribution.
My native home is in a sub-division.
please help me sir.

Dear sir I had asked a simmilar query few days earlier or according to your guidance i started to settled it in my home with my elders or best wishers but after that the problem increased they sold a part of land also.
or please elaborate your answer because i am a student and dont understand the law's language.


Warm Regards
Ritesh Kumar

Kuldeep   04 July 2014 at 22:20

Retirement age of high court judges

What is the retirement age of high court judges.

rahul   04 July 2014 at 21:19

Seeking for my fathers job

IAM RAHUL,
My father had worked as a forest guard in T.N government and he was died by an elephant accident on duty at November 2002. At the time I was minor(12)years. So we applied for my mother but we didn't get any response. So after completion of my HSC exam we applied for me, then also we didn't get any response. Now, I had completed my B.com. But on 2013 November my mother had got the job on Electrical Inspectors office. But my mother pleased to give the job to me But from office they inform to us I was minor on that time and we dint applied for me first. So my mother only eligible for the job

But now my mother was 53 and she is able to work only for 5 years and she is posted as office assistant in EI office and she joined in that job on November 2013 but now She is not able to do such manual works because she undergoes an uterus operation recently. So is there any possibility for me to get the job now and they are also asking for my mothers all original certificate .But already we had submitted in the forest department before 10 years. But now we didn't get any thing and also we had applied for the certificates threw forest office .But it seems to be take time so we are very much disappointed

So is there any possibility for me to get the job
So please suggest the procedures to me regarding this...

Sowmya   04 July 2014 at 21:13

Contract

Dear All,

The following doubts are haunting me from quiet sometime. So just thought to get the doubts cleared:

1. I would like to know if the Contract with Employers are legal in India or not.

These days even a small concern for a lower and middle posts wants the one joins their team to sign a contract. In case, if the contract is broken prior to the expiry date by informing the authorities, huge amount of penalty (mostly in the form of amount) is charged from the Employee.

The employee who has signed the contract goes through the maximum torture from the Employers, and the one who has joined wnats to leave the company as soon as the contract is done.

Its a situation where they can neither live nor die.

2. There are also Organizations, who wants the one join them to submit their Originals.

Please let me know if the above are legal in India

Thanking you
Sowmya