Devajyoti Barman's Expert Profile

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rakesh says : family law
Dear sir, Iam working on a moot problem which is based on family law. in this particular case the husband and the wife was married according to the provisions of Hindu Marriage Act. Both had frequent fights as the wife was a party animal and used to drink a lot and comes home late such issues were raising between both she even had filed a FIR on the husband and his relatives for mental cruelty but she had withdraw ed it apologizing to the police then the husband filed a divorce petition in family court on the ground of mental cruelty. but the petition was rejected when wife showed interest in the marriage. Meanwhile he came to know that she was pregnant and had a appointment with a doctor to abort the child. husband went to Bombay High court for injunction against abortion and challenged the constitutional validity of Medical Termination of Pregnancy Act and asked for the custody of the child after birth and in the same proceeding he also filed a petition for divorce. In this case jurisdiction is the biggest issue as constitutional validity of MTP would be filed under art 226 of Constitution and in the same proceeding he also filed divorce which is and appeal against the impugned order of the family court. As High court has the inherent power to conjunct cases which would be pertaining to the same party. But in this case whether high court has the power to conjunct cases of two different nature an original application and and appeal in the same proceeding. Please help me with this case.

sahiba firdos says : professional misconduct
dear sir, please tell me asap that 1- who will be the party in case of professional misconduct? 1. state bar council or 2. the complainant 2- can supreme court club cases arising out of same transaction or same series fo transaction and under what provisions? 3- in cases of criminal contempt of court who will be the party? 1. the judge in whose court contempt has been done. or 2. the high court thank you... waiting for quick reply :)

Himanshu says : Medical Report & Bail u/s 307 IPC
Dear Sir, Greetings for the day! I am in great need of your guidance in the following case. Mr. A, working in a factory, where motor bike parts are washed with acid. He is having no police background, aged about 51 years, quite innocent. Mr. B, (Aged About 17 years) a co-worker had used abusive language, and in a small fight, Mr. B was injured with acid on his face. The owner of factory took Mr. B to nearby private hospital and asked Mr. A to continue working in the factory. After few hours, family and natives of Mr. B came to hospital and took Mr. B to Civil hospital and they wanted to file an FIR against Mr. A. Mr. A was still at Factory Premisesas he was totally unaware of the complicacy and was not having any mal- intention, and he was kept there in factory for rest of the day for his safety from Natives of Mr. B so that they may not hurt him. In the meanwhile family of Mr. A reached factory premises and took him to nearby police station and they made the surrender that the accident has happened as suggested by the factory owner and the police that the matter is not serious and will be resolved shortly. The police kept Mr. in safe custody and 1 day passed and at the end of the day police accepted the FIR from family of Mr. B u/s 307 (Attempt to Murder) and they took the report from civil hospital. After the same, r. B was shifted from Civil Hospital to Nearby Private Hospital and charges were being paid by factory owner. The case was to be presented before the session Court for hearing for bail application on 30.07.2012. In the meanwhile, the victim was taken to some good civil hospital in the metro city at the expense of the qwner. Although the family of A, accused was ready to pay compensation but they wer not allowed to meet the victim's family. On 30.07.2012, the police didnot filed its report hence another date was granted i.e, 07.08.2012. On the date anyhow the police presented its report but without the medical report of the victim and hence the bail stayed again. On this date the court ordered to present the Medical report of the victim before it in the next date i.e, 16.08.2012. The victim was discharged from the hospital on 10.08.2012, is fyn now and is back to his home. Now the situation is: 1. Mr. A is in jail on the basis of just F.I.R. and waiting for hearing in session court; 2. Family of Mr. A is ready to give compensation to the family of Mr. B as they want to get rid of this harrassmet anyhow although they are not much well off and also approached them but they are not responding in any manner. Is it possible that the police will not present the report on the coming date? What we can do (victim) to sort out the matter and very firstly can take the bail? Family of A is out of any clue for the next step. Can you please guide as what are the circumstances under which the judge can grant or reject bail application? Please advice how to proceed further to prove the innocence of Mr. A. An earliest advice shall be highly appreciated. I shall be highly grateful to you if you can guide me a way out. Thanking you in real anticipation to have a quick reply, Please guide sir. Thanks

debasish palchowdhury says : RCR
debasish.palchowdhury@yahoo.com sir, plz advice.....i will be grateful forever. my wife left home with an intention to dessert her mother in law(my mother) on 12th jan 2012 i filed RCR on 2nd april 2012 she wants to come back in my home but does not want to live with my mother in same house i want to live seperately with my wife beacuse i have 1 1/2 yr old daughter what is the fate of my RCR? should i withdraw RCR? my wife appeared before court for 2 times. i have come to know that my wife lodged a gdr against me and my mother in anticipation of my RCR(after she has been served with notice of RCR) what to do ? plz advice Regards, debasish palchowdhury

Rajesh says : summon has been issued
My wifes sister-in-law has blamed my wife for her marital discord and has held my wife responsible for her problem. Honestly my wife has not done anything but anyway now she has infoemed that my wife will receive summons in this regard. sir i want to know what is the implication of the summon and do we need to hire a lawyer and how much time does it take or how many times do we need to appear before the court and the finances required for the same. sir, We have yet not received the summon as yet, so can we take any action before we receive it. i would also like to know that can anybody issue a summon against anybody without any proof. Waiting for an early response, please. My e-mail ID is rajesh_1974kumar@yahoo.in Regards Rajesh

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