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ZAHEER HAMID KHAN   23 October 2018 at 12:50

Rules for divorce under special marriage act

Dear Experts,

Please hep me with information on rules for filing divorce if the marriage is performed under special marriage act.

1. Is there a separation period necessary if the divorce is to be filed on the grounds of cruelty.
2. Is verbal abuse, physical abuse by wife to child in front of husband and thrashing husbands parents out of the house comes under the cruelty if proven with evidences such video/audio recordings.
3. If the parents are separated by wife as a condition by wife then can the husband desert the wife and accommodate with parents and file for divorce immediately on grounds of cruelty.
4. If the wife is beating the child and abusing the child in front of husband can be termed as cruelty.

Please provide your opinion I want to file a divorce petition on the grounds of cruelty, we got married under special marriage act in 2012. Currently I have moved my parents as it was demanded by my wife. My wife currently blackmails me and threatens me to harm my 4 month old daughter if I decide to accompany my parents. Now she is not even allowing me to visit my parents and take my daughter to meet them. Please provide me your opinion as to how should I proceed to file a divorce.

Thanks
Zaheer Khan

V.N.K. MENON   23 October 2018 at 07:43

Pejury and defamation to fight-back false d/v complaint

HISTORY OF THE CASE
----------------------------
A false d/v case was filed by my son’s wife. I, as R-3 (Party in person) submitted several evidences, like Police Control Room Report, telephonic conversation about atrocities committed by her father including bundling her into an asylum – which are incontrovertible and unimpeachable evidences. Evidently the d/v is by indoctrination and conspiracy with her father. She became greedy and filed the d/v complaint.

1) I had submitted an application for dismissal of d/v complaint on the ground of being time-barred, meaning filed after more than 1 ½ years when there was no domestic relationship in existence. Whereas S-468 CrPC and case laws, the complaint should have been filed within 1 years. [ STATUS: PENDING].

2) I submitted an application from exemption from personal appearance due to my age (70 years) and asthmatic problem. [STATUS: LISTED FOR DECEMBER]

QUERY:
----------

if I file application for PERJURY & DEFAMATION before reaching finality, can it stand.
A considered opinion and guidance of experts shall be of much help to decide my next course of action. Opinion of experts had been of much help in the past. I am an advocate, but cannot be a judge in my own case and third party opinion is of much help.

Anonymous   22 October 2018 at 23:31

Legal heir issue

Hello sir myself Ejas from Telangana I purchased one empty land from one person.he purchased long back from another person who was expired recently..Now I want to construct home in that land but I can't getting Bank loan due to legalheir certificate how could I get now cause he doesn't have children....Please suggest me a solution

Vishwajeet Kharade   22 October 2018 at 21:23

law practice

Environment being our only home needs to be chastened.The only way to make it so is to make it what it is supposed to be "lush green" with ofcourse crystal clear water bodies. As humans we are not doing any help but constantly degrading our home.
And i am done watching devastation around. I am an engineering student working in energy sector to harness pollution free energy. Being done with everything going wrong with my home makes me sick.
I have decided to legally sue these mercyless fools and save environment with best of my efforts. And for that i want to practice environmental law.so can i pursue any law course which would help me catering my intentions? Llb would be much hectic and time consuming. Other than llb, is there any course of less time period to become lawyer?

pradeep   22 October 2018 at 19:01

Pls help me soon

RESPECTED SIR./MAM
I HAVE GIVEN MONEY TO SOMEONE{BY TRANSFERRING IN HIS ACNT} 2 MONTHS BACK AND HE H GIVEN ME A CHEQUE AND TOLD ME THAT U CAN WITHDRAW AFTER 2 MONTS . NOW 25 DAYS AGO HE DIED AND HE IS NOT HAVING ANY AMMOUNT IN HIS ACCOUNT ..HOW CAN I RECOVER MY MONEY ,HE IS NOT HAVING ANY PROPERTY ALL PROPERTY BELONGS TO HIS FATHER WHO IS ALIVE

Anonymous   22 October 2018 at 17:30

vehicle number not match with e way bill vehicle number

Dear Sir,

I am working in a CHA Firm, we dispatched material from Nahava Sheva to panoli (Gujrat) while generating E way bill the transporter given a vehicle No.MH06AQ0844, but material dispatched through vehcile no is MH46AF4164, but next day we came to know that vehicle number is changed and we updated the correct vehicle number in E way bill portal, but vehicle reached at maharashtra boarder, when officer check the eway bill he came to know that vehicle number changed, for this he charged us 18% IGST and 18% penalty on imported goods which we already paid to customs, again he charged us 18% IGST, he issued us memo in this matter, Total amount he charged of Rs.27,35,000/- Penalty we can understand but why we paying doubble IGST @18% Which we already paid to custom.all the customs paper paid Bill of Entry challan are ok, now that officer dont understand is he doing right way, please help us in this matter what we supposed to do , our party is suffering from this, its a small mismatch in vehicle no. requesting you please reply me on this matter, waiting - Sarika

Divya   22 October 2018 at 15:43

Contempt after compromise fraud

Respected Experts

Accused had a criminal complaint pending against him in a "Metropolitan Magistrate Court". He compromised with the Complainant and filed relevant applications before "Metropolitan Magistrate Court". and the court forwarded matter to MEDIATION COURT...Mediation court was presided by "Additional Chief Metropolitan Magistrate"


Accused cheated Complainant and backed off from consent terms..

A confusion is, that he is ideally guilty of criminal contempt of two courts,

contempt of "Metropolitan Magistrate" and contempt of Mediation Court presided by "Additional Chief Metropolitan Magistrate"

so before which court should contempt proceedings happen, moreso can one court try contempt of both courts or is there another procedure..

Please clarify and assist best.


Thankyou

dheepak srinivasa   22 October 2018 at 01:07

Adducing fresh evidence at appeal court(sessions court)

I had missed marking of my VAO document in trial court and I didnt examine the VAO... my case was dismissed in the trial court.. Now I feel that in the sessions court appeal I need to examine the vao and mark his documents to win the case in my favour . But when i filed an IA for this... it was dismissed due to belated stage of filing. Now can I prefer an CRP in HC to make the session court to mark my document and examine the VAO (village administrative officer).

What are my chances? and is there any law provision for this along with any citiations?

itsmoorthy   22 October 2018 at 01:04

Buying a property without legal heir certificate

Hi All

I'm planning to buy a property with below background.

1. Property was registered to person A [first owner] on year of 1953.

2. Person A died around year 1990 - and there was no will on this property at the time of his demise.

3. Person A had 2 wives...and his second wife did not have any children.

4. But with first wife he had two daughters [C & D] . second wife do not have any children.

5. First daughter "C" - passed away somewhere around year 2000.

6. In the year of 2007 - Children of first daughter "C" [two daughters and a son] and second daughter "D" given general power to person B after receiving 2.5k Lacs; i assume they given "power of attroney" to B. the power document states that person B owns a power to sell, maintain.

I assume they sold the property to person B...

7. There is no legal heir certificate for two daughters C & D. ANd there is no death certificate of Person A and Daughter C.

Now can i buy this property from person B?

will i face any legal consequences from heir of daughters C & D?

Do i face ay issue in getting loan from banks to renovate the property if i buy this?

Regards,
Moorthy

Ali   21 October 2018 at 22:58

Theft case registered U/S 379,380,384,392,442,447,448,506

Dear Experts,
My in-laws with henchmen in my absence they did theft in my home.I filed FIR in PS, the IO officer closing the case with closer report saying false...during investigation accused accepted the theft & I hv call recording where accused accepted.
My questions is
1) can I file protest petition in court as a PIP?
2)Is their any format for protest petition?
3)I want to raise complaint against IO officer, where I need to gv complaint.
Thx in advance.
Ali