Need ur valuable advice

The courts go by evidence. Even if you have truth but no evidence no body can help you.

Recorded evidence is not sufficient, you should be able to submit evidence with witnesses , if you can do it your legal problems can be solved.

We get regular expereince THAT though the people get cheated and in the process get hurt and bloated ego. Ego will not help. Complaints without evidence will not help.

Get soild evidence. Defense is not enough you to create your case on ligitimate OFFENCE.

sir i want ask question  regarding,

wheather cooperative bank recovery oficer has right to enter at borrower residence which is on rent i.e. he is living on rent there,and same place is not in record of bank.

now if bank sents japti notice (address on japti notice is not the address where borrower is living at present )to the borrower wheather bank can enter the place.

what action we can take against such recovery proceeding

pls give guidelines with relevant sections

Sir,

First we have filed a petition under Section 13 (1) (i) (ia) & (ib) Hindu Marriage Act,  wherin the opposite lawyer objected that we have filed before one year of marriage & requested for dissmissal of the petition.

We had anticipated this, hence our lawyer before the hearing of this case had file a new petition under Section 12 (1), when the judge dismissed the petion under Section 13 (1) (i) (ia) & (ib) Hindu Marriage Act, we told the judge that we are withdrawing this petition & we have filed a new petiton under Section 12 (1).

My lawyer told me that under Section 12 (1), i need not have to pay any maintenance, as the marriage wld be considered as void. 

Secondly as my lawyer is arguing that mental impotency also comes under Section 12 (1), how far do u agree with this.  My lawyer showed me some books which clearly states this.  The opposite lawyer is arguing that only physical impotency comes under Sec 12 (1). Pls clarify.

Sir,

My question is Under Section 12 (1), the divorce petition can be put before one year of completion of marriage.  Pls reply as i am anticipating that the oppostie lawyer might raise objection on this.

Secondly Sir, my lawyer has informed me that under Section 12 (1), we need not pay her any permanent maintenance.  Pls throw light on this.

Thirdly Sir, my lawyer is arguing that mental impotency also comes under this Section 12 (1), & law books also states this.  Pls throw light on this.

Thanks in advance.

Sir,

My question is Under Section 12 (1), the divorce petition can be put before one year of completion of marriage.  Pls reply as i am anticipating that the oppostie lawyer might raise objection on this.

Secondly Sir, my lawyer has informed me that under Section 12 (1), we need not pay her any permanent maintenance.  Pls throw light on this.

Thirdly Sir, my lawyer is arguing that mental impotency also comes under this Section 12 (1), & law books also states this.   Sir, If there is any similar judgement on this, request you to please post it. Pls throw light on this.

Your advice, guidance on the above matters will help me in my case.

Thanks in advance.

Dear Mr. Vishal

As per going through your case I'm totally agree with my Friend Advo. Praphakar Ji.

Sec 12(1) of HMA deals only for getting decree of nullity of a marriage not DIVORCE. And Yes mental impotency is also covered in this Sec.

But I hardly understand why you not suit your petition with an application U/S 14 HMA

Exceptions of Sec 14 of HMA Provided that the court may, upon application made to it in

accordance with such rules as may be made by the High Court in.

that behalf, allow a petition to be presented 1[before one year has

elapsed] since the date of the marriage on the ground that the case is

one of exceptional hardship to the petitioner or of exceptional

depravity on the part of the respondent,

Know  your quarry about maintenance 

As per SEC 25 (3) of HMA If the court is satisfied that the party in whose favour an

order has been made under this section has re-married or, if such

party is the wife, that she has not remained chaste, or, if such party

is the husband, that he has had s*xual intercourse with any woman

outside wedlock, it may at the instance of the other party vary,

modify or rescind any such order in such manner as the court may deem

just].

Even Under Sec 125CRPC

Magistrate may consider any grounds of refusal stated by her, and may

make an order under this section notwithstanding such offer, if he is

satisfied that there is just ground for so doing.

(4) No Wife shall be entitled to receive an allowance from her

husband under this section if she is living in adultery, or if,

without any sufficient reason, she refuses to live with her husband,

or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been

made under this section is living in adultery, or that without

sufficient reason she refuses to live with her husband, or that they

are living separately by mutual consent, the Magistrate shall cancel

the order.