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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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sudarshan   16 March 2014 at 18:26

Legal status for second wife

My sister, being a divorcee got married to a man whose divorce was proceeding in the family court but was not finalized at the time of this marriage. This fact was known to my sister at the time of marriage.But after a couple of months of aforesaid marriage, her husband deserted her and after a few month this man got decree of divorce from the court. We put pressure on that man to accept the second wife as legal but he denied and told that he had legally married to an another woman few months after his legal divorce.

Sir, my sister wants that she should be accepted as legal wife else she should be compensated.But Sir, referring to the a last year judgement of a magisterial court at Delhi which had rejected a woman's plea saying that she was not his legally wedded wife as on the date of alleged marriage, the woman knew that the respondent already had a living wife.She(Petitioner) challenged this judgement in a session court where the additional session judge said that the landmark judgement of Supreme court which broadened the scope for woman to claim maintenance is not applicable to a woman who already knew that the person is married and having a legal wife alive.Sec 125 CrPc is not applicable & woman is not entitled to any maintenance.The Court allowed the woman's petition to the extent of seeking maintenance on behalf of their child.
Sir, in our case also the first marriage of the person was continuing at the time of my sister's marriage to him & this fact was known to her.So we just solemnized the marriage without registering. In such circumstances can my sister be successful in getting the maintenance by the court?Sir Please, Advice.

Secondly Sir, IPC 496 is about bigamy. I think Sir, it could have been used by the first wife of this person before their divorce. But knowing the fact of marital status of that person at the time of my sister's marriage , can we sue him for Bigamy? or court will reject our plea by saying it is a consensus of both the parties to establish such relationship which did not come under legal preview.
Sir, these are certain opinion of different persons but your opinion is well respected, so please advice me.
Thank you Sir.

ChethanKARIYAPPA   16 March 2014 at 17:46

buying 20*30 from a plot with title deed on 40*30

Hi,
I am planning to buy 20*30 site for which I will not get Title deed. Bcoz current Title deed is on plot of 40*30 , As seller need title deed to sell remaining 20*30.
Banks say they need title deed to give loan.
Please let me know how to get this transaction done. So that I get loan &face no issues in future because of not having title deed.

Thanks in advance

ANAMIKA SINGH   16 March 2014 at 15:26

Legal form of ditrtbuting income

hallo,my brother in law has got a gas agency under rgglv of indian oil,now for the construction of godown the house which is on my father in laws name is going to be broken,can any legal document be made so that whatever income is made may be distributed between the two brothers i.e between my husband and brother in la plz help as soon as possible.....

sir,the house is on my grand mother-in-laws name and she is alive now

rishabh   16 March 2014 at 14:52

Second complaint

I filed a complaint before M.M. u/s 190 CRPC to take cognizance u/s 467, 465, 468 471 IPC.
I closed my evidence immediately after my statement u/s 200 CRPC, alongwith some documents, assuming the evidences to be enough to make out a case for M.M.to proceed in the matter.A list of witness was already submitted but none of them was examined.

the complaint was dismissed by M.M. rendering the evidence adduced by me to be incredible as to make out a case against the accused.

Can I file a second complaint regarding the same allegation on the fact that, the witnesses cited by me in the list of witnesses were not examined by me u/s 200 CRPC and I have an indefeasible right to produce as much evidence as I can ?

Is it necessary to go through proceedure u/s 397 & 398 CRPC for further enquiry ?

Chetan   16 March 2014 at 12:50

Birth registered but the registrar lost the record!!!

My birth took place in a village and this was registered in the Gram panchayat office.
This registered details are forwarded to taluk office by the village accountant.
I have taken the birth certificate at that time itself when it was registered in the year 1989.

But the mistake they have done in Birth certificate is, my mother's name is not mentioned.

But for the purpose of passport when this was submitted,this certificate was rejected stating the same that mother's name is not there.

Now when I request registrar to provide me the Birth certificate, they searched their record room and they dont find the record book for that year of 1989 births.

when i produce my old birth certificate and 10th mark sheet as proof, they are not ready to give me Birth certificate as they lost the record.

Please advise me how to get my Birth certificate?should i go through the process which is followed for not registered births or can i claim my right directly by filing a case against the registrar ?

Avinash Bansal   16 March 2014 at 12:33

Rti from sri ganga ram hospital

Dear Sir,
My Father wants some medical reports of his Father (My grand father)from Sir Ganga Ram Hospital. Can i get these reports under RTI Act? to Which authority i file RTI application MCI (Medical Councile of India) of PIO (Public Information Officer)? Under which section i file application.

Rocky   16 March 2014 at 11:37

Nullify marriage

I just want to know i got married when I was 16 in 2005 then I got separated from my husband after 2 years . In 2008 I went overseas and i am still in overseas. Can I nullify my marriage because I was under age at that time and my parents did arrange marriage?
what are the options I have so that I can do marriage again legally?

Dr. Shekhar   16 March 2014 at 11:34

Ex parte

My wife who has deserted me is overseas and does not wants to come. In case I file the contested divorce case and she doesn't at all appears then generally in how many hearings the court decided the case as ex parte?

Dr. Shekhar   16 March 2014 at 11:31

Contested divorce

In my divorce petition can i also mention or cite the decided case laws with the name of appellant, respondent, year and court as was decided by the various courts in other cases similar to mine.?

SATISH PRASAD   16 March 2014 at 10:48

Summoons for settlement of isues order v rule 1 & 5 code of civil procedure

Respected Sir,
I have a property in my village in my grand father's name about 55 years old which has not been transfered in my father's name. My grandfather's were 2 brothers 1)three sons 2) also has three sons. We all were happy but suddenly 2nd party iisued a notice to us for fresh settlement of the land which was settled 50 - 55 years ago. All of them has constructed their house and lived happily. So, please guide us what to do what will be the court's decision.