sourabh
03 September 2017 at 11:51
Dear Team,
Its been 6 years of marriage & same is not going well
6 months back wife has filed 498a/dv/ 125 against me and my family
further to this court has decided interim maintenance on me & we have got stay order from high court in 498a
i want to tell some points
1) after marriage my in laws has bough a property in my wife name where wife has written his name as Ms & shown as daughter of .............instead using husband of
2) she has open new bank account where too she mentioned miss & daughter of
3) wife small sister too divorced 2 years back & luckily they have given advertisement in paper for marriage where they have not mentioned divorced & my details are also there as ms ..........., intead of mrs
is there any provision to use it or can i go for manhani as everytime it shows my wife is unmarried
Mahesh
03 September 2017 at 08:13
Sir, my friend belongs to schedule tribe. He got married in 2011. His marriage was without taking dowry. His wife started to create nuisance and problems in his family, like senseless fights with husband, relatives & in-laws. She has been living with her parents for last 3 years. In the mean while, she filed complaints against him, his parents n relatives in police station like under section 406. Later the police after investigation found that the alleged complaints were false and filed just to harass my friend and his relatives. My friend n his relatives did their best to reconciliation between him n his wife, but all in vain. Since my belongs to ST community and he can't go for divorce under Hindu Marriage Act, he went to his community elders as per custom prevailed in his community. After hearing from both sides n making numerous failed attempt for reconciliation, elders decided for divorce. They gave their decision in written to my friend. This happened few months back. He consulted few lawyers, he was informed that getting a decree of divorce from the court in his case is not necessary as he belongs to ST and divorce are done based on their customs only. Now my queries are: (1) whether my friend has to go for any kind of decree from the court even when hindu marriage act is not applicable to him? (2) if yes, then how and what should be the approach for it? (3) if No, then what should be done so that false cases against him like dowry etc can be avoided, as the probability of filing false case by his former wife always be there. (4) whether can she file maintenance case against him even after customary divorce? (5) whether cases like dowry , domestic violence can be filed after divorce? Sorry for the long list of queries. I have to ask these queries as my friend has been receiving threats from his former in-laws n wife of various cases & due to this he is mentally very disturbed & depressed. He already suffered alot since his marriage. Please advise over the queries above at the earliest. Thanks.
Anonymous
03 September 2017 at 02:27
I Rani kamboj divorce my husband in Nov 2016which I had applied in May 2016 wth mutual consent I was residing separately by past 2 year,my ex husband was fraud he deal wth medicine company ND use my signed cheque which I left behind wth all my luggage at time of dispute.oct 2016 I came to know by Asi police that I need to speak to the court as I indulge in some cheque bounce case but I didn't got my summon my ex gave my mobile no. to police.i confused ND just rush to court ND applied bail wth my name Rani kamboj.i got bail I then got married in Dec 2016. Than I went to next hearing ND came to know that case was registered as complainant vs Ravi kamboj. I applied all certified document wth bail order where judge mention (He) in order.i didn't appear to next hearing as m not guilty. Came to know by some source that Warrent issue again to Ravi kamboj, WT Shd I DO? I totally innocent,complaint doesn't even know my name how I got deal wth him complainant said in complaint that I along wth my husband deal wth him. I were residing separately by past two years mentioned in divorce judgement. ND case files by complainant in August 2016,and I applied divorce may2016 3month before. Complainant use cheque on July 15 2016 and date mention on cheque 15 July 2016
deepak
03 September 2017 at 02:05
If any complainant notice with different name (Ravi kamboj rather Rani kamboj) ND case admit as complainant vs Ravi kamboj. but m Rani kamboj than should I take bail wth my name,i didn't receive summon I got knew from ASI police on call that u have to take bail or apear to the court tht how I apear to the court ND get bail on my name but court accept bail wth different name,i didn't appear to the court since than I get to know by source tht court issue Warrent wth same name Ravi kamboj now wt should I do?
deepak
03 September 2017 at 02:03
If any complainant notice with different name (Ravi kamboj rather Rani kamboj) ND case admit as complainant vs Ravi kamboj. but m Rani kamboj than should I take bail wth my name,i didn't receive summon I got knew from asi on call that u have to take bail or apear to the court tht how I swear to the court ND get bail on my name but court accept bail wth different name,i didn't appear to the court since than I get to know by source tht court issue Warrent wth same name Ravi kamboj now wt should I do?
Aastha koushal
03 September 2017 at 01:58
Can a law graduate of one state apply for judicial services of another state??
saarika
03 September 2017 at 00:18
Hi all,
Need help to do final arguement before a case filed against my husband u/s 509 of CPC. Till date my husband has defended himself before the court and current situation is as follows :
1. The complainant is my husbands real cousin sister. She filed a fraudalent and malafied complaint against my husband with help of her uncle serving as police constable in same district in 2012. This was filed intentionally to provide support to her father who is currently having kabja on property of my father-in-law which for which partition is not done and to hide illegal transactions done of selling part of property without our consent. When my husband started inquiry of the property and demanded his fathers share arguments took place. My husband has made 7-8 police complaints against compainants father from 2010 - 2012 against abusing, threatening to kill, asulting with metal pipe however nothing turned fruitful as compainants uncle is a police constable and has good relations with the local police. Hence we have filed three private cases u/s 504, 506, 323, 324 and 325 with medical evidence which are at hearing stage before same court. Apart from this we have filed a Civil Suit of Partition for which as on date we have filed our affidavit.
2. There are three witnesses examined by PP. and all are interested witnesses - Complainants father, Real aunty who has share in property, the I.O. who is close friend of complainants uncle. The panch was also examined by the PP however he clearly stated he is unware what has happened and he signed the panchanama in the police chowky as complaints father took him stating it was some road issue and took his signature. The second panch has never come to court and the evidence was closed by the PP.
3. The statements given by Complainant and her father have lots of differences moreover proper dates were not given by them during initial complaint. There after they have mentioned a date on which imagenary offence was done. On said date my husband was out of state for his work and submitted letter mentioning same and also examined his company official to prove the same. The complainants aunty during her cross has clearly mentioned the offence never happened before her and is hear and say.
4. Apart from this to prove friendly relation between the IO and the Complainants uncle my husban has submitted three chapter cases filed by IO, notice given u/s 149 to Complainants father from local PSI. The details of chapter cases were provided by local police under RTI howere my husband has submitted a letter recieved from the Tahsildar office which clearly state they have never recieved the said chapetr cases from local police. This provides an evidence that IO who investigated all matters filed by us were fraudently delt and no such chapter cases were made agsinst complainants father.
AT SAID STAGE THE CASE IS KEPT FOR FINAL ARGUMENT AND WE NEED HELP IN BELOW REGARDS;
1. To know whether court will consider the intention / motive of complainant and if yes how can we present it before the court. Or should we argue on on basis of merits
2. If possible relevant citations be sent.
3. Any suggestions which will help us to get aquited.
denish
02 September 2017 at 23:09
Sir, From several days it was in my thoughts to querry about the of Gurmeet Ram Rahim. The facts which came out were-
1- anonymous complaint was sent and published in news paper, taking cognisance The High Court ordered Session Court to probe which was transferred to CBI
2- CBI investigated and managed two girls who had left Dera in 1999 who told that they were raped in Ashram that time.
3- Neither victim nor accused were placed before lie detector but three other persons were placed for lie detection and they said some tning.
Thus all facts seem to be based of here say ground.
The question is-
How the matter is proved and sentenced 20 years imprisonment ?
Please tell me
saarika
02 September 2017 at 22:38
My father after getting order from court has filed a darkat to execute the order by court and get the money however in said case there is no insurance company involved. Hence the case is filed against individual. The said person does not have assets like property on his name. Is there any legal process through which we can recover the amount.If yes, I'll request to brief about same..... Saarika Patil
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Is police can take a advocate to police station for enquiry on the basis of complaint without warrant?