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Queries Participated

Ambika.S   28 August 2008 at 11:59

Summons to the opposite party when he resides outside India

I have filed a case for Domestic Violence in which my client reside in Bangalore, India and the opposite party is presently residing in Australia. The case has been admitted and the Hon'ble Magistrate has issued summons to the opposite party. As the opposite party is avoiding summons the complainant is unable to serve the summons. Alternativly I have asked Court to issue summons through jurisdictional Commissioner of Police. Yet still summons are not served. They ask for the pasport no. which my client is unable to trace out. He is permanent resident of Bangalore.
In such a case how can my client find his passport no.?

Mrs.Padmini   08 August 2008 at 15:25

maintenance and divorce.

I am a lady aged 46 years. I have been married for more than 25 years.(My wedding date is 24.01.1983) I am a Brahmin married an Indian Christian. Marriage took place in the Registrar Office, Royapettah, Chennai.From the day of marriage I have lived a suffring life with a drunkard(with lots of abuses and domestic harrassments) Due to this habit of his,, we could not continuously live in any place and had to shift our residence more than 25 times. My son and daughter have studied in 4 different schools.We got him treated in TTK De-addiction centre in 1996 but he relapsed to the habit again.As we had to change our living place many times, we could not get Ration Card, Election Card for our family. My children suffer a lot, that too now, as they do not have these ID's.Mainly I donot have any proof to show me as a citizen of India other than my school and college leaving certificates.Literally speaking, in 2000 April, I was in the streets with both my teenage children as agathi without any place to stay or anyone to help us.
Now after we suffering a lot, he is not ready to go out of our house,not ready to give divorce,continuously stays with us torchuring me(mental harrassment).He is employed now, earning nearly Rs.15,000/per month,spends lavishly for himself without giving even a penny to household.He stays freely, uses all household things and abuses all of us.
Due to his drinking, my son suffered from Wheezing for nearly 15 years, I got TB gland in 2000 and still have health problems, my daughter was affected with TB in brain 2 years back.

Now he has stopped drinking may be due to aging or health conditions. He is 52 years old now. Healthy and energitic. Surfing for second shaadi in internet.

When me and my children have suffered so much because of him,that, we have lost respect in friends and relations circle and also in the neighbourhood wherever we live in.,Y should not he pay me atleast for my medication and survival as I am fully dependent on my children for my food, shelter,clothing and medication.
I hereby request, legal help for me in the above and also to get him out of my children's house.

Ambika.S   04 August 2008 at 20:35

permanent lok-adalath

Sir,

I had filed a case before the permanent Lok-adalath under section 22 of legal service Authority Act.
The said case was for concilliation and settlement of difference against the Reliance Infrastructure Pvt. Ltd.

My client was a service provider to the opposite party by a Contract.

The opposite party moved an application for maintainablity of my suit.

The Permanent Lok Adalath has dismissed my case only on the ground of section 5 of arbitration Act.
I want to know that whether section 89 of Civil Proceedure Code be implimented in cases where there is an arbitration clause in a contract and brought to the Adalath as alternate Dispute Resolution in cases in which the parties entering before filing a case in Court?

Ambika.S   28 July 2008 at 16:31

arbitration and concilliation

There is a contract between X & Y and in the term of contract there is a clause for arbitration. The said clause states that in the event of differences either parties to the contract may call for arbitration and both parties are bound to sit for arbitration and a venue is fixed. The place of contract is different and the place of arbitration is outside the jurisdiction of the parties to contract. For example the place of contract is Bangalore and the place of arbitration is Mangalore.
The parties to the contract had difference of opinion. Both parties were not aware that place of arbitration place was typographical error.
In such a circumstances whether either one party oppose for sitting for arbitration in a place different jurisdiction?

Anil Kumar kamboj Delhi M-9650   28 July 2008 at 15:13

mutual divorce

what is the procedure for getting mutual divorce

ankit gupta   27 July 2008 at 21:34

arrest WARRANT

a person was arrested by special cell police ,lodhi road at 5am,he was told that he is involved in a scam of 50 crore rupees of PNB .

what should a layman and family members of the person arrested do!!!

what are the essential the should give to the family members of the accused.

Ambika.S   27 July 2008 at 21:06

public utility service

What are public utility services?

whether pvt companies registered doing tele-call services come under them. eg. Air-tele, spice, reliance etc.,

nitin   26 July 2008 at 16:58

maintenance

whether a wife who have been divorced on mutual consent of her, on the basis of customary law is entitled for maintence

Ambika.S   25 July 2008 at 20:05

exparte-divorce-conjgal rights

what is the effect of setting aside an exparte order of divorce petition?

The husband had filed a petition under section 13[1a] of Hindu Marriage Act. The wife did not appear before the Court and though due notice was served a paper publication was taken for the same. The wife remained absent and the Hon'ble Family Court allowed the husband's petition.
The wife filed a miscellaneous petition and set-aside the exparte order. The wife filed one more petition for conjgal rights and in that petition the husband remained exparte. It was allowed.
Presently, the husband has filed a miscellaneous petition to set-aside the exparte congjal rights.
The issue here is the status of the spouse and the litigation is for 10 years.

bindia   25 July 2008 at 12:19

couple or not?

if a man & a woman live together for a long period of 10/20/30 years without gettin married ,i.e.,cohabiting & they have children out of that cohabitation.will they be given the status of husband & wife after a long period of cohabitation? will their children be considered legitimate children?