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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raman Verma   01 March 2014 at 10:48

Consultation for divorce

Hi,

My wife left my house on 18 Sep 2013 in presence of her father, mother, brother, maternal uncle and aunty with all her belongings. From last 5 months i don't have her information. We are talking in phone but she never tell me about her address. Yesterday i got a notice (FIR Registry) from her native place mahila thana to appear there on 10 march 2014. In the registry post they have not send me any details about the FIR. I need a consultation in my case.

GANGAM.RAJENDER.   01 March 2014 at 10:38

Court fee return

respected experts,
plaint was rejected by the superintendent which was not numbered in the court.
Q1.AT THIS STAGE CAN WE TAKE THE COURT FEE BACK AS WE ARE NOT INTERESTED TO FILE THE CASE AGAIN.
Q2.IF ANY PROCEDURE ACCORDING TO CPC OR COURT FEE ACT PLS PROVIDE SECTIONS AND PROCEDURE .
THANK YOU SIR.

sheetal sachdeva   01 March 2014 at 09:56

False evidence in the court

to get stay on attachment order in 125 cr.pc false evidences and false statements are given on record on the basis of these false evidences and fake statements accused got stay on attachment. The court grant stay without giving chance to the other party .
Now what action can be taken on the stay order?
Is the accused liable Under Section 340 Cr.PC ?
Section 340 Cr.PC can be read with section 195 IPC.

Mustafa Bhat   01 March 2014 at 07:20

Second marriage

I am a Muslim married to Muslim Girl,Divorced her in 2009 as per Muslim personal law & then married with another girl in 2010.The lady(whom I divorced) after my Second marriage filled various bogus litigation like 498A & 406 which is under trail in Court of Law,She also filled RCR which was dismissed by Court.Maintenance for our baby which was disposed by court with the direction to pay maintenance to baby which i am depositing regular in the account provided by them, the lady herself being a Govt employ.
She also filled a complain to my head of Department for Bigamous were in Primary Enquire was conduct , the report of the enquire revealed that I married 7 months after divorce,however for second marriage i didnot sought permission.
Then second enquire was ordered as my ex-in laws have good say in political corridor,were in enquire officer reported that " During the course of enquire it was Established the employ has contracted second marriage in violation of Employ Conduct rule 1971 by not seeking permission from the Competent authority,"
I was not provided any information about this second enquire.
On this Charge sheet was issued which is
" Rule 22 (1) of Empoly conduct Rules 1971 provides that no government employee who has a wife living shall contract another marriage without first Obtaining the Permission of the Government,notwithstanding that such marriage is permissible under the Personal law for the time being applicable to him.
Mr. AAA has contracted second marriage without consent of his wife & without permission of the Government which is pre-requisite as per above Rules. The said act on the part of the officer tantamounts to Violation of employees Conduct Rule 1971 & liable for disciplinary action as per State Civil Service( Classification,Control & Appeal) Rules,1956."
You are required to submit a written Statement to the Government within 15 days, if he doesn't submit his written statement of defenses before time,the disciplinary proceeding against him shall be held ex-parte.
Now my query is
1) I divorced the lady as per Muslim Personal law.Then does i need to seek her permission for 2nd marriage.
2) Does i need to seek permission from Govt after divorce as first relation seized after divorce.
Please guide & advise.

Nina   01 March 2014 at 06:03

Nri's rights on inherited property

I am an NRI. Both my parents are deceased. I have one sibling residing in India. The only property that we (me and my sibling) inherited was a flat in Pune. This flat was bought by my father and he passed away without a will. My father was Christian. Till recently my sibling was residing in this flat but has now moved to another city. I have the following queries concerning this inheritance -
1) Do I have a right to this property?
2) If yes, would my share be 50% or would it be lower as I have not been living in, paying property taxes or maintaining this flat?
3) Can I somehow legally ensure that my sibling does not sell off the property without my knowledge and pocket all the proceeds? I do not have access to the house papers nor do I have my father's death certificate, I do however have proof of relationship to my father. I also have proof of the fact that I lived in that flat with my father before leaving the country.
4) Do I have to be physically present in India to put a stay on the sale of the property or can someone with a Power of Attorney stand in for me?

Thanks in advance for your valuable insight and responses, it is very much appreciated.

Anonymous   01 March 2014 at 01:26

live in

A man had a live in relationship with a married women (her case against the husband is pending in court).
Now the man marry another women legitimately. but the live in partner threatening to file case against the man.
Plz suggest what could be the legal action against and from all parties be possible and consequences( husband side wife side and finaly live in women partner side)

Muthuraaman   01 March 2014 at 00:57

Can my divorced wife claim share in my property or in my father's

Hello,

Pls. clarify my doubts.

I have applied for a divorce from my wife on cruelty grounds.I have the divorce case pending for nearly 1.5yrs, and she has maintenance and restitution of conjugal rights pending. I was working overseas, I just left my job and now in India to settle these cases. In her maintenance petition she has mentioned about the land which I own by myself. Kindly give me your expert views, does she can make claims in my property while getting her alimony or still she can make claims in my properties even after getting divorced and also in my father's property. Thanks. - Dr.MB

Muthuraaman   01 March 2014 at 00:46

To become a member in an already existing trust

Hello,

Kindly, clarify my doubts.

I would like to join as a member in an already existing educational/charitable trust, which is managing a high school. Could you pls. tell me what are the legal documents I should get from them and also how to register my name legally in that trust. Until I pay the full money, what are the legal documents/legal bid I can have from them. Thanks. - Dr.MB

Swapna   28 February 2014 at 23:29

service agreement bond

I am working in limited company. Company made me sign a bond of 1lc Rs for 2 years. No training provided. Now I am completed around 1 yr and management started harrasment by not approving my expense vouchers and also not co operating on any work related issues. Is there any legal way I can break this agreement without paying.

Anoopkumar   28 February 2014 at 22:45

Self occupied house

Sir,

Myself and my mother are the only members of our household.I'm the only son.We're staying in a house owned by my mother.For constructing this house,my mother(having no income) has availed a home loan,for which i'm the guarantor.In the loan agreement ,i am co-borrower and co-applicant also.We have not let out any portion of this house.We have no income /benefit other than staying from this house.

Please reply whether this house is self occupied house for me under Income tax rules.

Regards,

Anoop