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Member (Account Deleted)   22 September 2015 at 05:16

child marriage

I was married at the age of 15 but after marriage she use to live with her family and i use to live with my family untill "gouna" a practice carried in remote place of uttar pradesh . Nt i am 23 and suddenly her family arranged gouna and send her to my home . Now she lives with me. I want to get divorse. Plz help..

Anonymous   22 September 2015 at 00:35

about ipc 395a

This ipc is bailable or not if yes so why and if not bailable so when it is baolable and how i will apply for bail

Suneetha   22 September 2015 at 00:33

Separation from husband based on impotence

Hi,

I am married from 1 year , its an arranged marraige. I am 29 and my husband is 30. We never were able to establish physical relation over the past one year.
Initially , i did not doubt this because we had some arguments during before marraige and after engagement time and assumed we are taking time to get to know
each other well. We both are software engineers and usually come late from office by 9 pm. Later i would cook , we have dinner and by the time we go to sleep ,
we both are very tired and just slept. Over the weekends , when we tried i used to get some pain and my husband used to tell me its normal
to have pain in the first time.

My in-laws used to visit us every month and stay with us for at least 4 days. During this time , my mother-in-law made sure that i do all the house-hold chores
and become tired by end of the day. I have never done any household work before marraige and hence i was totally tired
everyday whenever they are with us. By the time they leave, some how me and my husband used to fight and we never speak to each other for a week atleast.

No talking = No trials for intercourse.

I find my husband very immature , cunning to the core , 100% mamma's boy and used to support his parents , sister over me.
He made many attempts to make me understand that they have a higher priority than me in his life. He loves fighting , arguing and can change the course of argument anytime. He is not good looking , not good at anything
which guys are usually good at. He expects me to learn car driving and take him for ride. He expects me to pamper him like a kid and do everything for him.
In return , I should be grateful that i got a chance in my life to have made him happy. Me , on the other hand have never praised him , never said good things
about him (since i didnt find any) . I used to question him about every time he made a mistake and tried to push the blame on me.
In short , i was not as he expected. He is also two-faced , something in front of me and something in front of others.

This went on for 3 months and i told my mother about it and she questioned to my mother-in-law. My MIL was shocked and she mentioned that her son doesn't know much
about how to have intercourse. My in-laws put some efforts initially and pushed my husband to try harder and pull out some time to spend time with me.

My mom had told this to one of our common (me and my husband) relatives and then started the harrassment. It was only after my mom told the other relatives ,
my in-laws took me and my husband to doctor. Doctor confirmed that there is nothing wrong with either of us and I was given gel to reduce pain and he was given
some tablets which i havent checked.

We later tried by applying gel and my husband used to shout at me during this time for not being in position which is comfortable to him. The visits from my
in-laws , fights with my husband were never ending.

After 6 months of my marraige , i got into a new company and my husband insisted that i take a transfer to new city because of my new job and he would come
in 1-2 months time. I joined the new company moved to new city and my husband used to come and visit me on bi-weekly basis. I have asked him to take some leave
so that we can go to any place like honeymoon and spend some time with each other. This resulted in major fight and he started saying irrelavent things just to
win the argument. He left me and went to his hometown. We never spoke for a month after this fight.

Once, I have paid a surprise visit and saw some tablets in my house. Initially I did not pay attention to them but i have checked them later on. I have
checked for the tablets (tadalfil) in google and found that they are used for Erectile Dysfunction. My parents have come to the decision that he is impotent
and he is initiating all fights to cover his problem. My in-laws dont speak to me since I have done some crime by not hiding this problem of my husband.
My husband also has the same opinion that i have committed major crime by telling my parents about it. They have problems with my parents since they told some of the
relatives.

Things went on , we have fights , dont speak for weeks and become normal. The cycle is going on and on. I am sick and tired of fighting. if i try to end a
fight , he will try to irritate me more and i get upset. Its been 6 months that we are living separately and i really dont see a chance of improvement in our relation in all terms. He never brings up the topic of
he getting transfer / ask me to come back so that we can live together. I really want to live a peaceful life and really dont foresee it in the near future.

The major question is
1) Is he impotent? If yes, how can i prove it?
2) Is it possible that he had taken some tablets before tests were conducted by doctor before confirming nothing is wrong with him?
3) If nothing is wrong with him , why is he not taking initiatives to resolve this?
4) Can I request for annullment of my marraige on these grounds? I dont want to get divorced.

Thanks
Suneetha.

Ritik   22 September 2015 at 00:33

MBBS or LLB

I've passed 12th class this year with 78% from Science ( Medical with Maths). Now, i am confused between LLB and MBBS. Can anyone tell me which one is better ?

Ashok Shah   22 September 2015 at 00:12

Slp against order u/s 11 of arbitration act

HOn'ble judge of HIgh Court dismissed the petition on the ground that "Since the petitioner cannot proceed to appropriately deal with the objection canvassed under section 69(2) of the Partnership Act, 1932, A.P. No. 1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.

There will be no order as to costs."

My view : If petitioner can not proceed appropriately, then petition should have been dismissed and not dismissed for default.

Again, when petition was restored, ON 22ND JULY WITHOUT REFERRING TO THE ABOVE MATTER BY HON'BLE JUDGE. THE FOUR COPIES OF ORDERS ARE ATTACHED HEREWITH FOR YOUR PERUSAL.

WE NEED YOUR ESTEEMED SUGGESTION AS TO SHOULD WE FILE SLP.

FOUR ORDERS IN FOUR PDF FILES ATTACHED HEREWITH FOR YOUR PERUSAL. MY EMAIL ID IS AKVSHAH@GMAIL.COM

ORDER COPY GIST IS GIVEN HEREUNDER

ORDER DATED 10-08-2015

CAL CUTTA Ordinary Original Civil Jurisdiction ORIGINA L SIDE
JUSTICE SANJIB BANERJEE
D ate : August 10, 2015.

The Court : The respondents are not represented despite previous service and despite the proforma respondents being represented at one point of time.

This is a request under Section 11 of the Arbitration and Conciliation Act, 1996, founded on the arbitration clause contained in a partnership deed of January 5, 2009 in respect of a firm of chartered accountants.

The petitioners say that the principal dispute is as to whether the first respondent has resigned from the firm or not. One of the proforma respondents, according to the petitioners,appears to support the first respondent.

The petitioners invoked the arbitration agreement by a letter dated July 23, 2014. The petitioners nominated a chartered accountant of their choice as the arbitrator. The notice was duly received by the first respondent and replied to on August 10, 2014. The first
respondent asserted that since it was the contention of the petitioners that the first respondent had resigned from the firm, the arbitration clause may not apply. The first respondent also made a counter-suggestion as to the personnel of the arbitrator in
paragraph 2(b) of the reply. Since it is evident from the first respondent’s reply to the notice of invocation that there is no dispute as to the physical existence of the arbitration agreement and since the first respondent did not agree to the petitioners’ nominee as arbitrator, the appointment has to be made by the Chief Justice or her designate.

Mr. Utpal Bose, Sr. Advocate, is appointed arbitrator at a consolidated remuneration of Rs.6 lakh to be shared by the petitioners on the one hand and the first respondent and any supporting proforma respondents on the other at the first instance. The arbitrator will be free to decide on which of the parties should bear the arbitrator’s remuneration while issuing directions in the final award.

The petitioners reckon that the reference should take no more than three months from the completion of the pleadings. The petitioners have agreed to file their statement of claim within three weeks from date.

The order was pronounced by naming a chartered accountant as arbitrator in accordance with the arbitration agreement. Advocate for the respondents appeared at such stage and suggested that a lawyer be appointed as arbitrator. Since the petitioners have accepted such suggestion, the choice of the personnel of the arbitrator reveals a departure from the arbitration agreement. AP No. 1552 of 2014 is disposed of without any order as to costs.

Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.)
sg.


ORDER DATED 21-07-15
OD-84 G.A. No. 2166 of 2015
With
A.P. No. 1552 of 2014
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date: 21st July, 2015.
Appearance:
Mr. Rajeev Kr. Jain, Adv. appears
Mr. T. Tiwary, Adv. appears
Mr. Ashok Kumar Vanchand Shet, appears

The Court: Sufficient grounds have been made out as to why the petitioners were unable to proceed with the request under Section 11 of the Arbitration and Conciliation Act, 1996 when the matter was taken up on June 30, 2015.

The order dated June 30, 2015 is recalled and AP No. 1552 of 2014 is restored to the file. AP No. 1552 of 2014 will appear as ‘Adjourned Motion’ in the monthly list of August, 2015. The restoration application being GA No. 2166 of 2015 is allowed as above but without any order as to costs.
(SANJIB BANERJEE, J.)
sg2

ORDER DATED 30-06-15

The Court : Since the petitioner cannot proceed to appropriately deal with the objection canvassed under Section 69(2) of the Partnership Act, 1932, A.P.No.1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.

There will be no order as to costs.
(SANJIB BANERJEE, J.)
A/s.

ORDER DATED 10-12-14

ORDER SHEET
AP No. 1552 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SUBHASH CHANDRA SARAR & ORS.
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 10th December, 2014.

The Court: Having heard the learned advocates for the parties and upon perusing the instant application filed under section 11 of the Arbitration and Conciliation Act, 1996, it appears that this matter cannot be disposed of without calling for affidavits.
Accordingly, let affidavit-in-opposition be filed within a week from date; reply, if any, within a week thereafter.
List this matter under the heading, “Arbitration Motion Adjourned” a fortnight after Christmas vacation.
(BISWANATH SOMADDER, J.)
akb/

Vijay shaw   21 September 2015 at 23:55

Illegal tenant

Dear all,
I'm a landlord in Kolkata and have a sub tenant staying without rent receipt since years. He have been depositing the rent in rent control and the same have not yet received by me. Last 5 years he have bought a flat in some place in Kolkata and shifted his residency but now he is using the room in my residency as commercially. Plz suggest me what shall I do to remove him from my residence.

Thanks & regards
Vijay shaw

abhishekpandey   21 September 2015 at 23:54

information about a service matter lawyer of lucknow

regarding a service matter case,someone suggested me advocate Harshankar jain of lucknow high court , plz tell how good is he and suggest some other good service matter lawyer as well .

Anonymous   21 September 2015 at 23:33

Talaq

My religion is hindu however i got converted to islam to marry a muslim guy via nikah in 2006. We have taken talaq from qazi in june 2015. Now i am looking for marriage with hindu guy via court marriage. Want to know if talaqnama/khulanama would be considered by bandra court? I also have an Affedavit made by lawyer that we have mutually divorced and i am going back to my maidens name. Want to add: all my Id proofs are by my maiden's name. Kindly advice procedure and if talaqnama would be considered by bandra court?.. Thanks.

aatiya   21 September 2015 at 23:25

Vakalatnama

Dear Sir/Madam of forum,

Please let me know that,there is Xerox Copy of Vakalatnama Or Format From Online with Original Signature of applicant or client on fomat/xerox copy is valid in district court?

Thanking You

Regard

Aatiya

CHRIS   21 September 2015 at 23:03

Full & Final settlement on Separation

Dear Sir/Ma'am,

Five years back a old family friend of us started living in our house and we accepted him as our father, since my mom is already divorced and we were looking for a partner for her. But after few years we came to know that he already has a family and cannot marry my mother legally. Now they have decided to separate and we don't want any relationship with him. PROBLEM is he had put some money in one of my apartment and he wants it back. The apartment is registered on my and my mothers name and I have taken a housing loan for the same. And on mutual understanding I am ready to pay back his share in a full and final settlement. I spoke to few lawyers and they say a mutual agreement on stamp paper is enough. I want to be on safer side as I don't want him or any of his family memeber to come back in future and claim any right on property. What all important points should I cover in agreement ? And do I need to register the agreement or notary is enough ?

It's a bit complicated scenario and I strongly believe this is the best platform where I can get some help.

Going for a agreement in 3 days, request your assistance please .

Thanks in advance !