Law Querier
02 March 2017 at 09:54
A Hindu Marriage divorce petition against the petitioner under cruelty ground is filed through power of attorney holder of the foreign resided petitioner. The divorce petition is not signed, verified and affidavit on oath by the original petitioner but it is signed, verified and affidavit on oath by the POA holder of the petitioner. The advocate is also appointed by the POA holder of the petitioner and the vakalatnama is also singed by the POA holder of the petitioner. Then after, the respondent filed written statement. But, the respondent has not raised the objection in his written statement about the non-maintainability of the divorce petition as it is not verified and affidavit on oath by the original petitioner. After that the issues has been framed and the case is on petitioner’s evidence. The petitioner is going to file her evidence on next court date. Now, the respondent wants to raise this objection of non-maintainability of the suit now.
1. Can the respondent file the application to dismiss the suit now as the divorce petition is non-maintainable though the issues has been framed by court and the stage is on the petitioner’s evidence?
2. Can the respondent amend the written statement and mention the point of non-maintainability of the suit in his amended written statement at the stage of petitioner’s evidence?
Alpesh Makkampara
02 March 2017 at 08:46
Respectes experts,
My 498a case is at argument stage. I had given my evidence well in advance to my lawyer to get it exhibit but he didn't. Now he is saying that we will put it in our written argument and it will be given exhibit with written argument . Will it be considered as evidence and exhibit will be given?
The evidences are certified copies of court.
Please help me to get out of stress and confusion. If any valuable suggestion please suggest.
Thanks in advance.
Member (Account Deleted)
02 March 2017 at 00:14
Dear Experts:
I'm planning to file a transfer petition in high court, to transfer case from our district to a court in another district, which is 20km from the previous court, but just 2km from my home.
Please let me know:
(a) The chances of granting transfer.
(b) The process of petitioning for transfer (is it just a letter requesting transfer?)
(c) Minimum Time taken for disposing off the transfer petition (an advocate friend told me it will be done in a day but I couldn't believe him).
Thank you
Sarma
S.V.RAVI
01 March 2017 at 23:28
Recently I had shifted my residence (process is still not complete). My earlier house is used by my friend.
I am a practicing management consultant, with a name as V... Consultants (sole proprietor). operating below service tax limit.
All my mails in addressed to V... Consultants were delivered for the last fourteen years.
The post man got changed again now and he has refused to handover the mail.
Went to post office and the person to whom my postman took me to, said that unless a board is put - because it a company and a commercial place he will not deliver the letter.
My house is neither a commercial place nor my company is registered as a company under companies act.
Is the postal authority right - under which law?
Many CAs and lawers have home based office .... is a management consultant / charted Engr prohibited from having one such.
shankar dutt
01 March 2017 at 23:05
One candidate has filed petition for stay on result of a vacancy in Delhi Government in CAT due to some incorrect answers keys declared by exam conducting board.
Can other candidates become party in same case by filing MA in CAT.
What may be minimum fee charges for this application in CAT for 2 candidates inclusion as party in case.
mohan
01 March 2017 at 22:35
if employee transferred to other place he not vacated quarter as on new place he was not allotted any quarter and meanwhile his old quarter sealed by authority alleged he given the quarter on rent while the quarter remains always closed electricity bill charged minimum use (fixed) and quarter issuing authority blames it is on rent so sealed and charge penalty for it then owner what to do as authority never allow to vacate the same and charging the penalty is owner liable to pay rent and taxes
Anurag
01 March 2017 at 22:14
If a girl is preganant (not sure) and there is no complain from her father for 11months.what does it means?
Upto what time a father can file a case for her pregant girl?
T.Srinivas
01 March 2017 at 21:34
A' have 6 children and he belongs to SC Community, he is possession of agricultural property, the same property is granted in the year 1998 with specific conditions not to alienate for the period of 15 years, thereafter in the year 1999 'A' executed a registered will in favour of his sister 'B' and in the year 2000 he passed away, consequently by virtue of the Will 'B' has transferred RTC and other revenue records in her name, subsequently 'B' executed a registered Gift Deed in favour of her son 'C', thereafter on 2016 'C' executed a Sale Agreement in favour 'D'
now legal heirs(children's) of 'A' wants to challenge the Will, Gift Deed and Sale Agreement, as Will is not probated.
please guide me what relief should i claim in civil case.
Shiv Gawale
01 March 2017 at 21:31
Sir,
My friend working at government sector and he is resident in government quarter since 12 years. Last july 2016 he was changing a quarter type I to type II on fifth floor. But to long step and his father, mother suffering from sugar problem & blood pressure problem. He has decided to go lower floor accordingly he was forward application to Head of unit for considering health problem of his father & mother which were not stay with his but likely to be came. Also his wife suffering from various illnesses and his small child. In view of Head of unit consider his application allotted his 1stfloor quarter after 6 months. After that some union involve in that and pressurize to Head of unit to wrongly allot the quarter of said person. Due to pressure of union after 1 week Head of unit issue cancellation letter to my friend with saying it was mistake to allot the quarter you are not in seniority list and hence you are requested to go for old quarter within a week.
My question is it is any rule to avoid upper situation?
Any legal way to fight them?
Is that possible to one time allotted quarter and a week Head of unit saying it was mistake and request to go your old quarter ?
Kindly guideline to me what will be the next step to avoid such situation.
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