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How many of you are planning to fight your cases in-person

Page no : 7

tejeshwar.d.c (no)     24 November 2014

thank u rocky smith i am following you

Umesh (Senior Executive - MIS)     25 November 2014

In refernce to my earlier post, I attended my 1st hearing for Notice case- WO against return of property ( STRIDHAN) at magistrate court on 15th Nov. Magistrate asked me to produce certified copies of the bill. I have provided xerox copies of the bill at police station. original invoice copies are with me but unfortunatley I forgot to carry at the time of hearing. Please clarify the original invoice is itself a certified copy? 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 November 2014

Original Bills themselves are evidences.

 

Please submit the xerox copies and show original bills to that magistrate. Don't submit the original copies. It should be with you always. In lower courts, lot of discrepancies happen. Keep reviewing with High Court with 401 read with 482 crpcs.

 

You can file reviews "n" number of times.

Umesh (Senior Executive - MIS)     25 November 2014

Thank you Rocky sir.

The household equipments purchased after marriage & having a invoice copy, the wife's name ( After marriage) got embosed on the pots etc. are falls under STRIDHAN?

If I file a petition for speedy trial to the Mumbai High court, what reference/supporting doc's  should I give? In my case since the charge sheet is not filed, I only know's the FIR no. & addition to this notice case registered at District magistrate court.

Regards,

Umesh

Not Required (Manager)     06 December 2014

Dear Experts,

I had been reading posts on this website as i see myself in pipeline of all this mess. I give brief of my story:

I had been married since 1-Dec-2011. Have a 1yr 4mth old baby. since the time of marriage and till date we had issue with my wife and her family. they have always suppressed us in all the ways. girl never respected me or my family and same done by her parents. my parents were innocent and fallen for all their ways and kept convincing me that with time all will be well and that's why when i heard the news of my wife being pregnant in spite of me not willing i was guided to have a kid as it may solve the issues with my wife. however nothing solved among us.

Situation as on date:

My wife had been away from my home for past 4 months and living with her parents.

She has the kid with her

in spite of me asking her to come back she is unwilling

every time i try to make a communication or from my family some one does that they do not respond.

my wife just respond on emails to me and she has crossed the limits in cursing me (and some time me too when i respond)

i do not see anything better happening in this relationship in future.

my wife is also not willing to be with me

i want a divorce and my wife says she is ok to do it mutually without the mess of courts

but as i have read here later with lawyers advise she will put all the cases on me like 498A, DV etc etc...

fyi, i took no dowry, my marriage expenses were shared 50-50 among both parties, my wife took along with her all the gold that we gifted her (i have that in writing in email)....

pls guide me what could be my next steps...i want to do something about it, need right guidance how to go fwd...

in the blogs here i see many terms i do not understand...

i would appreciate if someone could guide me step by step...

i am ok to consult good layers, but as most ppl shared their experience it is difficult to find any ethical lawyers..do let me know if someone hired a good ethical lawyer..

i reside in chennai, my wife is in rourkela and marriage happened in bhopal

thx a ton in advance..

SA

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 December 2014

@ Not Required,

 

I have answer your question in the following link.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103100&offset=11#.VIPubGeLu_I

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 December 2014


Mr. Umesh,

 

To know about Streedhan please follow the following link.

 

https://www.lawyersclubindia.com/forum/Streedhan-111753.asp#.VIPvkWeLu_I

 

If you don't have Certified copy of FIR then apply for it. You will get a slip with docket number.

If the court delays to give the certified copy of FIR then you can apply with the docket number itself and submit in the HC that the trial court is willfully delaying the process. You also can prey for call for the record from trial court to the HC for review (CrPC 401).

 

Please also see the following link.

 

https://www.lawyersclubindia.com/forum/498a-112398.asp#.VIPyJmeLu_I

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 December 2014

Umesh (Senior Executive - MIS)     09 December 2014

Dear Rocky Sir,

I have filed RTI towards PIO of Main Mediation Centre Maharshtra & Goa, Mumbai High Court who forwarded the application to  Mumbai District Legal Services Authority, Bandra (W) & directed to provide required information to me.

Today I received letter from Bandra Mediation Clinic that they are unable to provide such information as it is very confidential.

Please guide me to proceed further.

Here I am attaching my RTI application for your perusal.    


Attached File : 878827310 rti to mediation clinic.docx downloaded: 137 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 December 2014

Hi Umesh,

 

I have seen your application.

 

"they are unable to provide such information as it is very confidential" - Did they mention under which section of RTI act they had rejected your application with justification ? I guess no :P. This is a public information and can't be rejected U/S 8 of RTI Act.

Please make First appeal and/or file writ petition (Article 226) with RTI act. Sample petition is available in this thread.

Umesh (Senior Executive - MIS)     15 December 2014

Hi Rocky Sir,

Thanks for your response. You are right. They didn't mentioned any reason other than " Confidential".

here I am attaching letter from MAin clinic as well as the response from Mumbai District Legal Services Authority. Also I am attaching here a draft of letter in response to this leeter received from Mumbai District Legal Services Authority, Bandra (W).

I would like to know your valuable suggsetion before proceeding further.

Regards,

Umesh


Attached File : 740874144 main mediation reply0001.jpg, 740874144 response from district mediation clinic0001.jpg, 740874144 rti response to mediation clinic bandra.docx downloaded: 182 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 December 2014

Look good to me.

Did you affix the RTI fee Rs. 10/- ?

also what about your speedy trial status? - This is mandatory.

Umesh (Senior Executive - MIS)     07 January 2015

Hi Rocky Sir,

Happy New Year to you & your family. Also to our members using this forum.

Speedy trial petiition petition is ready at my side. I just waiting to hear from the police station towards the RTI filed by me on 13/12/14. There is no any communication till the date.Even they have not filed chargsheet at Magistrate court.

Return Of Property case is getting prolonged as the case is not heard on las ttwo dates.

On the last date i.e. 3/1/15 me & my wife was present but PP took the next date i.e 12/01/15  from the clerk & went out from the court. I just stupidly waited there for a whole day.

Require your suggestion to bring this case on board for the disposal or any pray (doc) if you have.

Thanks & Regards,

Umesh  

 

 

Umesh (Senior Executive - MIS)     07 January 2015

Hi Rocky sir,

I have the original bill of the household material I purchased after marriage in my name.

Also I have the bank statment (online) to prove the withdrawl for the same transaction.

How the PP / Wife may defend further on this?

Regards,

Umesh

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 January 2015

Mr. Umesh,

 

Thanks! Same to you and your family.

 

Please see my post in the following link.

 

https://www.lawyersclubindia.com/forum/498a-112398.asp#.VK1oS8mphdg

 

In addition with this I would like to say - Please submit all of your plus points precisely and corresponding documentary evidences that you have in your petition and argue accordingly and to the point.

 

These will be recorded in the HC order and later will be a very good evidence during the trial.

 

If you fail in first attempt then apply again. Please remember that failure is the pillar of success.



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