Chandrakant
22 September 2009 at 16:49
Aftr filing these , Accused has applied for anticipatory bail. What should be best possible way further ?riven
Kamal Grover
22 September 2009 at 01:13
Wife does not have any income proof of his husband so getting very meager maintenance u/s 24 of Rs.1000 only whereas her expenditure is around 5k and her husband is earning around 50k per month and have four wheelers and two houses in chandigarh. how she can findout the income proof.riven
Kamal Grover
22 September 2009 at 00:58
In a love marriage case. Husband run away from home after 2 year and file the divorce case in another city Delhi far away from matrimonial house. Girl file the DVA application and maintenance case in Delhi and demand shelter coz her parents did not allow her to come back.
At the time of reply Husband withdrew his case and again the Delhi and ran away in other state of Punjab. Now how the girl can get the maintenance and DVA relief coz she is helpless and alone and require relief immediately.
Regards
riven
Ria
20 September 2009 at 12:58
Respected Experts,
Mine is a divorce petition which I instituted 5 years back in Thane district court, Maharashtra. In the 5th year my case was transferred to the fast track court that is on 21st march 2009. My husband did not appear in fast track court for 4 months after the transfer, therefore I made an application for deciding the case Exparte. . (Iam appearing party in person)
Before passing an Exparte order the judge issued a notice to my husband’s lawyer informing about the transfer of the case to the fast track court as my husband’s current residence address is not known. The 2 lawyers on record are father and the son. The advocate father received and signed the notice but still they did not appear in the court for the next 4 hearings.
Surprisingly on the very same day after 4 months, when the final Exparte order was to be passed, my husbands advocate applied to the setting aside Exparte order on the grounds of non-receipt of the notice of transfer of case to fast track court. The judge Justice M.H. Belosay of thane district court, room no. 225, accepted the application to set aside Exparte and gave a date for argument on the application.
However the judge seemed biased and does not pay attention to my pleadings as:
1) Judge Belosay did not at all give me an adequate opportunity to present my side of argument, and listened properly only to my husbands lawyers argument.
2) Whenever I presents any application like recovery of interim maintenance due petition, say on setting aside Exparte application and other legal application the judge tries to put me down by saying: My god!!! How many applications are you presenting?
3) There is a discrepancy in the cause list – the online status of the case is stated as dismissed on April 21st 2009 (reason stated – contested or otherwise), but in reality the case I still going on in the court. On the date of the hearing the court clerk refuses to list my case on the cause list even after bringing that to her notice though the case is heard. And screams and shouts at me if I request her for having a look at the Roznama, when same is given to my husband’s lawyer, without any tantrums by the court clerk.
4) Also the court clerk did not put on record the bailiff report of my husband’s lawyer having signed and received the notice of transfer of case. When I found out that the report/receipt is missing, shockingly she replied that she has no time to see where it is and that it must be lying somewhere around the court files. When I said that I will complain if the report is not found, after 4 hours without any need for searching she gave it to me from the cupboard nearby, as she knew it was there.
5) Judge Belosay even though there was prima facie evidence on record in the court, that my husbands lawyer has received the transfer of case to fast tract court notice, set aside the order to proceed Exparte stating that they did not receive the notice as a family member of my husband’s lawyer had received the notice.
Iam totally depressed by this injustice I have to face, Iam feeling helpless. I want to appeal against the setting aside of Exparte order. Please guide as to where should I file the appeal, in the High Court of Mumbai or in the same court i.e. district court of Thane.
Also please advice as to how to proceed against court clerk and bring to the notice the discrepancies going on in fast track court.
riven
sunny
19 September 2009 at 03:12
I got marraied in nov 2007 under muslim law in india. I am working in gulf, my wife is studying in india. From he next day of marriage onwards she and her parents started making problem with me. she only wants my all money. she dont want to come with me in abroad and her father plans is to keep her wid him. Even now she dont want to meet with me.
I went Imayat sharia, they suggested me to file RCR.
I filed RCR, and first hearing is on 6 Oct, 2009.
Please suggest
1. How long RCR will finish.
2. Can she get excuse to not join me due to her study?
3. I am expecting they may file 498a to harras me.
4. Is that court can take my passport, as im working in abroad?
Please suggest.
ABC.......
19 September 2009 at 01:18
How beneficial is DV Act practically if a wife is getting harassed by her husband and in-laws? I have read the DV act and rules, but is it beneficial to go for this? How much is the expenditure for filing such case and where it is to be filed?riven
A.R.Mukundan
18 September 2009 at 17:18
The couple married seven months before. They lived together only for a period of two months. Now they prefer a divorce. Can the couple apply for Mutual consent divorce immediately or have to wait for the completion of one year? give applicable section and case laws if possibleriven
harjeet
18 September 2009 at 13:46
My wife have a medecine shop & few fixed deposits of Rs 2.5 lacks & demanding maint.pl provide me judgments in which maint. is denied due to handsome earning of wiferiven
simranjoshi
18 September 2009 at 00:41
I was tortured and harassed emotionally, physically & financially by my husband.
I stayed with my parent’s through-out the pregnancy and even after. Now my son is 2 yrs old.
When my husband came to know that I'm not going to stay with him then he filed a divorce and wants visiting rights for 5 years.
I'm completely against the visiting right as he mentally disturbs me so much that I will not stop crying for many days. Even son is not ready to see him. He cries too much after seeing him.
Now I was wondering if somebody can suggest what I should do. Should I give visiting rights? In either case, he is not going out of my life. Do you think after 5yrs of visiting rights he can claim for custody of son? Just to let you know, they don’t have any boy in their family so for generation-sake they want this boy.
Unfortunately, my lawyer is not doing great job. And I can’t afford new lawyer to start from scratch.
Any suggestion is really appreciated.riven
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restitution of conjugal rights
Under which act and under which section a Muslim can file a case for restitution of conjugal rights?riven