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

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Mrunmai Deshpande   22 October 2013 at 06:28

Alimony child maintenance

I am a young married man of 35 years of age with a son of 3 years. After marriage, 6 years ago, I suffered from neurological disorder i.e. paralysis of both the legs and loss of muscle tone for which I am still under treatment. Because of this I had irregular income i.e. when it was possible for me to work I used to work otherwise not. My wife always used to taunt me for this. She always used to talk to me against my parents and used to keep on pestering me. Due to all these problems I went into depression for which I am still under treatment. 2 years ago my wife deserted me and currently staying with her parents with my son. She is working there on a salary of Rs12000/- pm. Now I am totally out of my neurological and psychological disorder though I am still under medication and medical observation for which I am spending Rs1500/- p.m. Currently I am working and earning Rs15000/- p.m. My wife doesn’t want to come back, neither she wants to give me divorce. Considering these circumstances I have following questions
1. Can I get divorce from my wife?
2. As my wife is earning, deserted me, can I get exemption from paying alimony and child maintenance?
3. As I am under medical treatment, spending Rs1500/-pm on treatment and if the abovementioned medical problem recur I may not continue to earn, can I get alimony from my wife?
Please advise !

Mythri   22 October 2013 at 01:00

Issuing summons

A summons for divorce has been issued to the accused one and half year back to his native address where his parents are residing as he is stays in abroad but till today its status is awaiting. The next step as beta tom tom was taken and no reply for that also till date whether it has been done or not. Four month back after tracing his abroad address a notice has sent through court to abroad address but that notice status also says awaiting. May anyone put some light what might be the reason as my lawyers say to just wait and am annoyed is this is how the system works? Will it take so long to just to issue a notice? where is justice? What further steps we are supposed to take if divorce notice is not served at all?

Rakesh Malik   21 October 2013 at 23:48

Sms printout

My wife left my home only after one month of marriage on 27 dec 2012. When she left my home she forget her mobile. I got the sms of her boyfriend from my wife mobile and took the print out of sms but unfortunately that sms is now not in her mobile as this is incident of 10 months ago ( sms overridden).

Can I use printout of sms as evidence? If yes under which act?

V.N.K. MENON   21 October 2013 at 23:40

Revision

Details: A complaint was filed with the Magistrate against employer ( who has tainted course and conduct including graft charges) for breach of trust u/s 405 and 420 IPC --- 1st Magistrate ordered police investigation---- status report submitted by I.O. which was unsubstantiated ---- IO was directed to produce documents on which his report was based ---- he filed certain copies which does not support his version ---- Complainant filed protest petition to reject the report and summon accused employer ---- IO was directed to give his reply ---- 2nd Presiding Officer took charge ---- I.O. submitted his reply after direction issued to his superior ---- Matter was listed for arguments ---- I.O. remained elusive ----Presiding officer was promoted and again new Presiding Officer took charge ---- who dismissed the complaint the very first day of his presiding ---- there was some flaw in the order ---- filed revision petition ---- Notice to accused empyr. Issued by sessions---- initially the asst. sessions judge seemed very impartial ----listed for arguments ---- after getting some 2/3 adjournments at the request of employer advocate ----taking into the account the tricky background of the employer a written argument was submitted by complainant ---- argument initiated by employer advocate ---- Matter was ordered/dismissed on 20th September 2013.

Problem: Application for certified copy was submitted on 7th October, 1st date of delivery was 10th October, extended to 21st Oct, again extended to 24th Oct. Every time it was told that the file has not come from the Sessions to copying agency.

Since leave to appeal is to be filed in the High Court within 60 days, what is the effective remedy? And how to get copy of the order.

Any other helpful suggestion the circumstances, may be given?

rohit   21 October 2013 at 23:02

Section 138 of negotiable instrument act

If there is difference in signature on negotiable instrument and specimen signature of accused in bank,then what defense is available to accused in law.please suggest some case laws on such point.
Thanks.

shashidhar   21 October 2013 at 22:49

Defamation

how to file a defamation law suit.
can i ask for punitive damages from the respondent for false allegations and criminal intimidation.
















surendrababu   21 October 2013 at 22:44

Kartha of undivided hindu joint family

X executed a promissory in favour of Y for Rs.10,000/- on 1-1-2011. Y died intestate leaving behind him 1 to 6 i.e. wife, 2 sons and 3 daughters as his legal heirs.

can wife alone file a suit against X for recovery of the promissory note amount on behalf of other legal heirs.
or
do all the legal heirs have to file a suit against X for recovery of the promissory note amount.
Kindly suggest me the legal position.

JAITINDER SINGH   21 October 2013 at 22:34

Letter of administration

applied for probate in delhi court , granted order of letter of administration .Order has come to deposit court fee and give surety of value equivalent to property. no period has been defined.

question what is the time period after orderto deposite court fee and what is current %.
in case i am unable to have surety any alter native

mukunda   21 October 2013 at 22:17

Declaration suit

There was a property of 2 acer which was purchased by person called 'A' in the year 1940, Mr 'A' had 3 sons (m1,m2,m3) and one daughter(f1) m2 sold the property by way of GPA unregistered in the year 1980, there was no partition deed or any other documents executed by (m1, m3, f1) m2 has enjoyed the complete money in 1980 with out paying to any other's in the family, the property is been fully developed by residential houses not even a site is empty, can we file the case against the property and win in the case, there are no signature done by any other family members it is only m2 who as sold the property,
m1 and m3 are ready to file a case but i need to know since it is fully developed can we get the property through court.

all the revenue records stand in the name of Mr 'A' till 1980.

let me know weather partition suit or declaration suit is better, is there any law for time and validation, which will be in our favor,

if i file a case I should win it should not be a fake case or to trouble

please do let me know

Regards


Mukund

Debangshu Ball   21 October 2013 at 22:05

Rti from sbi: pension account information of a third party

Sir,
I am contesting a matrimonial case against my husband and his family members. My mother-in-law is a pensioner but they are denying it in court. I know, the name and address of the SBI branch from where she withdraws her monthly pension.
My question is, can I get information under RTI Act from the bank about following two questions:
1. Whether she is having a pension account in your bank?
2. If yes, then how much amount she is drawing as pension/month?

Whether Bank is bound to reply the questions or they may deny, saying personal account information can not be provided.

Thank you if you help me to show the way by which I can get these information to put in front of court as proof.