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Nyaayapriya (Advocate for justice)     23 December 2010

interesting

I am really astonished and agonised to observe that all experts and lawyers actively interacting through the lawyersclubindia web site keeping mum over two important aspects.
I have been observing that whenever new topics/objections are raised on payment of huge amounts as maintanance to the erring wife, punishment to the erring wife, whimsical behaviours of the Family Court Judges (who have always been pro-women and against the innocent husbands)etc they are left unanswered/vaguely answered/ignored.
Some of the MOST INTELLIGENT ADVOCATES AND EXPERTS act like saddists with ironical and sarcastic replies.
There are also experts and lawyers who want to make their presence felt by just positng replies like "same as abovve", " I too agree", " I support....." etc.
WHAT A RIDICULOUS AND TRAGIC HAPPENING INDEED?
Now I am sure that because of such Experts and Lawyers(most of the the time liers) that a burning problem is growing like congress grass. A pitiable situation really.



Learning

 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 December 2010

Who will bell the cat , can you.

You have atleast the liberty to shout against any body you like on this site.

Regarding your problem for action / advice forand against  various court orders. please note that courts function on law and evidence. They can not go beyond that.

The remedy is  lobbying with law makers to change the law.

coming to the individual problems of injustice you have to hire legal expert to fight in proper forum. Expecting solutions on free site is too much.

Balaji Bakthavathsal (+919444448455)     23 December 2010

Yes Nyaapriya, I fully support your views. At times there are contradicting views expressed and when a lawyer is contradicitng, there is no explanation or legal point supporing his opinion. Also, our judicial system is having laws or you can call it flaws which are very vague and can be interrupted in any way. No lawyer has raised any objection to it or sought clarification on it.. I can cite so many examples. To cite one, the Registration Act section 34 and Rule 55 says that the Registrar has got no power to validate the legality or ownership of a property when it is brought for registration. The very same Registration Act says that the Registering Official should act like a Civil Court. It simply gives room for the Registering official to involve in corruption as they can take the law in their hand and act accordingly. Another example is the amendment to Hindu Succession Act which was amended and and an ordinance brought in the year 2005 giving equal rights to daughters and treating them as co-parceners. But what about the daughters who got married prior to the date of ordinance ? Have they got equal share ? The law is not clear. Like that there are so many interpretations and one lawyer says Yes, daughter will get equal share and another one says No, she is not a co-parcener since she got married in the year 1984.

Also, it is irrirating to read the reply by some "experts" saying simply three letter word YES, and other formal wordings I agree, I support  etc. etc.

Balaji Bakthavathsal (+919444448455)     23 December 2010

Dear Mr. Shashikumar, everybody knows that Nothing Comes free of Cost and simply taking the solution from this forum, one can not fight in the court showing the solution offered in the forum. It is only to share different views and opinion and one has to engage a lawyer ultimately. For example, one person raised a query asking when a Sale Deed was registered in which I am (the person who raised the query) not a party, can I challenge the registration and cancell it ? The expert though offered answer to it questioned back asking him what interest hehas got when he is not involved in the Sale Deed. It clearly shows lack of information and lack of knowledge since the person who raised the query did not explain the full scenario and person who replied to the query could not guess what could have happened to such a situtation. I replied through a PM since I am not an advocate to reply explaining the scenario under which it could have happened since I faced a situation like that when my ancestral property in which we are living even today was sold and registered without our knowledge by a fraudulent person to some fraudulent persons. In the above sale deed, the property is mine but in the sale deed I am not involved. Is n't it ridiculous ?


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