Rishi Ahuja
11 September 2009 at 15:31
Respected sir,
I want you advice in dv when honable court has pass the order it was verbal and now the hon'ble judge is took over the duties of othger wing because of his promotion.
and in the order kof that day it is mention that "due to the heavy rush order could not bde passed". now if the other party refused to comply the direction given by the hon'ble court. Is there any way that other party comply the order.
Kindly give me your valuable advice.
with kind regardsriven
Rajneesh Madhok
10 September 2009 at 18:20
DOWRY HARASSMENT CASE, BOY’S PARENTS REGISTERED FAKE CASE IN WOMEN CELL THAT HIS SON HAS BEEN KIDNAPPED.
My bhanji got married with a boy last year. The marriage had been solemnized at a town of Haryana in a marriage palace. The girl had been living in Australia on Student visa. As she had completed her studies; at that time of marriage she was on the student visa. She sponsored her groom after marriage to Australia on Dependent visa. The boy’s family belong to Punjab.
After a week of marriage the girl went back to Australia and the boy joined her after about six months. On joining in Australia the girl revealed the hard fact that the boy is impotent to her mother. In the mean time as she had knowledge of his password she read the e-mails sent by her husband to his parents in which he confessed that he is impotent and is unable to perform.
In addition to it the boy had been torturing the girl physically and mentally. As he had not been doing anything in Australia and totally dependent on the girl. He had been torturing her to pay him money, arrange money from his parents to settle him in Australia in business. On the continuous torture one day when he tortured her a lot she called the police in Australia and narrated all the incidents that he has broken the cupboards and crockery and all that.. The police instructed the boy to leave the place and live separately till you have visa. At that time he had having about a month’s visa to stay in Australia.
To settle the dispute with mutual understanding, both sides of people belong to girl and boy’s in a meeting decided and the decision had been noted on Rs 100 non judicial paper that the boy’s family will pay this much amount of Rupees and all the jewellery which is in the possession of boy’s family will be handed over to the girls’ family and the boy will come to India and will file a divorce application in the court and the matter will be sorted out with mutual understanding. The date has been fixed, that up till the date within two months the boy will come and file the divorce case.
After two months the boy’s family turned from its promise. They said that we have no money to pay. Secondly the boy says that it is my own life’s matter who are you to decide on my matter. Thirdly they said that the boy will not come to India. Now whatever you like to do you can.
On this reaction. The girls’ family lodged the complaint with Police. The Women Cell police had been deputed for investigation. The boy’s mother and father visited the place and admitted and submitted the E-mails sent to them by the boy. In the E-mail it was also mentioned that the girl don’t give him much time to perform so I am unable and the parents confessed that the matter had been decided in the meeting held by both sides persons (Panchayat).
Now the boy’s parents has lodged complaint on girls’ parents that his son has been kidnapped by them and they have stolen the password of his son.
The girls’ side has lodged complaint under 498A against the boy’s family but till date no arrest has been made so far.
Kindly suggest solution.
riven
Amandeep Singh
10 September 2009 at 14:21
Sir
We have entered a compromise with a person that we have to sell our house in the open market. There is a condition that house cannot be sold to a family member directly or indirectly.So i just want to know relations covered under defination of family members and i am living with my parents one sister and a grandmother.riven
SABYASACHI MOHAPATRA
09 September 2009 at 22:52
my elder sister and her husband who resided at bhubaneswar died in 2007 and 2006 repectively.My nephew who is my sisters only son is living with my other sister's family at kolkata.My nephew is 13years old and is a minor.several of my departed sister and brother in law accounts with banks have been frozen since she died.My nephew would need a legal heir certificate in order to operate those accounts.Can my father who lives at Rajgangpur orissa apply for guardian and act on behalf of my nephew?.my sisters father in law is also alive but he lives at puri and is too old and invalid.do we need a succession certificate?riven
Atish
07 September 2009 at 15:31
In The Dissolution of Muslim Marriages Act, 1939 while the divorce case is going on and the petitioner i.e. the wife has left the matrimonial home and gone away on her own will, who has the custody of the 12 year old son and who is allowed to make the decissions. Request that it is a Very urgently needed an answer.
Regardsriven
sailesh
07 September 2009 at 14:51
Ihave special case, my spouse has gone to her inlaws saying to my parents and me that she will return in 21 days with my child.Her brother had come at our home to take her.But after few weeks when we tried to call her back,she has been instigated by her brother who is a lawyer,that she will not return. We and my family members tried to visit her inlaws and had several times convinced her to comeback,but she is not heeding.I suspect she has been instigated and not doing good for my and my family.
We have now waiting for 3-4 months now but there is no response.What shud i do.? my child is @2.6yrs,what are the implications for filing a criminal/divorce warning .What are the repurcations i could be trapped or alleged as,her brother is a lawyer.
In case divorce is certain, and if i am employed what are the chances of custody of my child.Please reply and help.riven
Atish
07 September 2009 at 00:58
In case the defendant in a divorce case has filed a case with the petitioner's Advocate in the Bar Council for misconduct prior to the divorce case filed against the defendant, and would like the petitioner's Advocate to appear as a witness in the divorce case, then still can the petitioners Advocated appear on the petitioner's behalf and could the petitioner's Advocate refuse to appear as a witness in the divorce case.
Misconduct by the petitioner's Advocate was that he was previously handling all cases of the defendant and due to personal unethical practise the defendant had revoked the Advocates services and the Advocate finally filed the divorce case against the defendant on behalf of the petitioner who is the wife of the defendant.
Regardsriven
Atish
06 September 2009 at 22:45
What is the possibility of a mobile conversation present or past be recorded or encrypted in any way(maybe through the services of a detective) by the petitioner for a family court matter and would it have a stand in the court as evidence against the respondent.
Regardsriven
Ria
06 September 2009 at 14:55
Respected Experts,
Mine is a divorce case and Iam the petitioner (party in person). The court had granted me Interim Maintenace in 2004.
My husband paid the Interim Maintenance for 4 years and later in since 2008 till date he did not pay me the Interim Maintenance. I filed a Recovery petition in the court for the same, so my husbands lawyer has now in 2009 after one year pleaded that the had Interim Maintenance be Set aside as my husband has retired from his company and therefore has no income.
Therefore:
1) Can I claim my arrears of maintenance to be paid from the Provident Fund of my husband which he recived on retirement ?
2)Would the court be justified in setting aside the Interim Maintenance when I do not have any other source of income ?
Please advice.
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DV
Respected sir,
I have received a summon on 21-3-2008 to present in the court on 24-3-2008 as my wife filed a complaint against me in DV.
I attended the court on 24-3-2008 and taken the copy of the complaint and NDOH fixed on 27-3-2008. On 27-3-2008, hon’ble court heard both the parties and told me to pay Rs. 1600/-PM , the fee and other charges of my child. I agreed to this and prayed the hon’ble court that I may please be permitted to meet my child on a least every hearing. Hon’ble court agreed for this and pass an order that child is to be brought on NDOH and I have to pay Rs. 20000/- as lump sum fess up to Mar/08
As my wife told that she took loan of Rs. 25ooo/- and NDOH fixed on 27-3-2008. On 27-3-2008, I made the payment and child was brought in court. And they gave one more receipt of payment of Rs. 6000/- (fees + admission fee up to jun/08). I prayed that at present I am not in position to pay this amount and I may kindly be given at least two months for this. Hon’ble court agreed and NDOH fixed on 7/6/2008.s. 6000/- was paid and child was brought on that day. Next date of hearing fixed on 26/07/2008. Before the date of hearing, on 12-07-2008, my wife misused the add on card of ABN AMER BANK and made a purchase of Rs.. 14000/- in an hour from a MALL .Next day morning when I came to know about this from banker, I got shocked to know about this and disagree for the purchase made by me. I tried my best to find out the accused . On next day 13-7-2008, I got the add on card blocked by my banker. As my wife was not knowing this, and still she want to harass me.
She again tried to use that card , but after the purchase , she came to know that card has got blocked then she used the other add on card. On 26-07-2008, I prayed the hon’ble court with an application that my wife has done the forgery by forgery signature . The hon’bl;e court got anger on her and told her to stop this type of act of offences. As she admitted the act of offence and also admitted to make the payment before its due date. I too prayed that maintenance to be fixed PM as I am not able to pay the lump sum amount . so Rs. 1600/- PM was fixed. Hon’blae court agreed for this too.NDOH fixed on 13-9-2008. But due to heavy load of work the court did not take any order. Same matter is repeated in the order. On `13-9-2008
She did not turn up and her counsel asked for time. In between I prayed the hon’ble court that she has not complied the order given by the court and hon’ble court told me that need not to worry this amount they have to pay as they admitted too. Then I told honble court that day by day the amount is increasing because of fine over that. Then they told you stop paying the maintenance till that amount is paid . Since then she has not turned up to attend the course more than a year past. As now the hon’ble judge gtot tr5ansferred to other wing in the same court on promotion from ACJM to ASJ. Now she is asking for the arrears without considering that amount which she admitted to pay. Now kindly give me your valuable advice, so that verb order can be converted to written. Otherwise I have to pay for that which I am not in position to pay in fact. Will RTI helps me in this regards’ Kindly treat most urgent and accord the priority.
With kind regards.
riven