rajeev
29 May 2017 at 20:52
1- If a person or his/her lawyers submit a wakalatnama with incorrect/misleading information, does that wakalatnama is valid in the local or high courts.
2- My ex wife has field a similae wakalatnama in local and in high courts. Her signatures appears on the documents but the date which is on the documents and her signature. She wasn't even in India at that given date.
3- Also her father who is also a witness in the dowry case, is filing papers/documents/affidavits on behalf of her daughter. She is NEVER in India but her father is harassing me by filing appeals/motions etc etc. Can he do that? I don't see my ex wife ever giving him any written authorization to do anything.
Regards,
Rajeev
rajeev
04 November 2016 at 21:02
Hi I married a Indian girl in 2000 and took her with me to Canada in July 2000 itself. She became a Canadian Citizen in 2003. I have been a Canadian National since 1989. In 2007 without telling me she filed for a divorce in Ontario, Canada but the application got cancelled because she didn't pursue it.
In 2007 we went our separate ways and finally in 2012 I filed for a divorce in Ontario Superior Court of Justice. She made one excuses after another and kept running for 3 years.
In July of 2016, the divorce was ordered and 30 days later a divorce certificate was issued by Superior Court of Justice, Ontario Canada.
I have applied in India to get married again. The ex wife's father has filed an objection that both the parties were married in India and the marriage in India is still valid. He has hidden the facts that his daughter lives in Canada and haven't been to India in long time.
Now I have to go in front of Special marriage Magistrate. What legal reason should I give him in regards of my case.
Please advise.
Rajeev
rajeev
18 May 2016 at 20:24
Hi All,
Please help me.
I am a Canadian citizen and being living in Canada since 1984.In 2013 my estranged wife who is also a Canadian citizen came to India and lied about her address and her citizenship and filed a dowry case against me among other charges (324, 504, 506, 406, 420).
This trial is going on for now three years, even though I have a direction that the trial should go on day to day basis.
My Canadian passport is taken away and its with the local court. Twice I was given my passport. Once for renewal of my passport and Indian Visa and second time to go to Canada so I can participate in my ongoing trial in Canada. (My estranged wife has field a exact case against me in Canada as well).
Few days back I needed to go back to Canada again for my trial. As the last trial was postpone on the request of my wife. This time when I filed an application for release of my passport, my application was rejected. The Local Judge said " as the case is in the last stages, my request for the release of the passport is denied". The State and opposite lawyers have said to the Judge that "everything in the trial is over including the STATEMENTS AND POINTS OF THE STATE AND MY WIFE'S LAWYERS" They lied about this on purpose so my passport is not given.
The fact is that my trial is transferred to a new court as the old court where my trial was going will be vacant for next 2-3 months and therefore the trial was moved to a new court.
Everyone knew including the State, the wife's lawyers....that the statement of State and my wife's lawyers will start once again and after that our turn will come.
Today when the trial resume, the state put a application that they need some time to study all the material and then he will present his case in front of the Judge.
My point is.....he lied 100% in the open court. State/wife's lawyer's has given written application to the courts that their part in the trial is over and only my part is left. NOW THEY HAVE CHANGED THEIR STORY.
What is my right?? as I know they will prolong their arguments once again for months and months. I am stuck in India with no passport, I have lost my business, no money and surviving on the help of family and friends.
What can I do? Can I file an application in High Court or with the District Judge that the state is lying time after time on paper and they change their stand when it suits them. Can State do that ?? Can they lie and change their statement in the open court and that too when it's on writing?
Don't I have any rights? What can/should I do so my rights as a foreigner in India is not ruined.
Please advise.
rajeev
18 July 2015 at 13:40
I am a Canadian National and my wife is also a Canadian National. After she lost her case in Canada she came to India and files a fake 498a, 3/4DPAct, 406, 420, 504 & 506.
For last 2 years I am stuck in India fighting this case, there are only three main witness and 5 police office. My trial is ordered to be day to day. The siting Judge in my case doesn't give a crap about my case, my livelihood or for that matter anything else. Here is my doubt that he is biased or has been bought over.
When the questioning of my wife was going on, one day while my lawyers were asking question to my wife, the Judge stopped the questioning and he advised us that we should file all the evidence and then ask the question. 4-5 days later we went to file all the evidence, on that day he said " that I came fro a civil court and I don't know all the criminal rules and I have made an mistake" the evidence can't be submitted now, it can only be submitted later. We had no choice but to accept his stupid reasoning. Again we went back to questioning and after few minutes he told us we can't ask this and that and he closed her questioning. Even at that time I told my lawyers to file a complaint or move for TA but they advised me to wait.
1- He has set my trial every day at 3:00 pm...but my trial never start before 3:30 and by 4:00-4:15pm he closes the hearing for that day. My advocate has requested him so many that please reschedule the timing to anytime in the morning but he has refused time after time.
2- Every request we make he turns it down even if our request are 100% genuine.
3- I got bail from ADG courts about an year ago on producing two Jamanatdar who has to produce assets worth 1 lacs, I had to sign a personal bond worth 80000.00 and give a guarantee of my house. I provided YELLOW CARD, on that basis the ADG granted me bail.
4- 2 Months later on the same basis my Canadian passport was released. He never asked me to verify my Yellow Card or get the Valuation of my house done.
5- The earlier order states that every time I have to go out of India I can request the trial Judge for the permission to go.
6- 30 days back me and my lawyers told the Judge that there a court date coming in Canada and I would like to go and attend the court date.
7- He told us to file an application and he will grant me permission.
8- 4 days back I submitted the application. I submitted Canadian court order, my travel tickets, hotels and car rental receipt etc to him with my application. My ticket was for 16th, the Judge knew about this.
9- I did all this on 13th of this month, 14th he didn't show up in the court. On 15th he told us to get the Jamanatdar verified, we did that....the was out of the court from 3:00pm till 5:45pm, he came back to the court, we were waiting for him, He told us that the Jamanadar are okay and we can leave and next day we will get the order.
10- On 16th at 3:00pm sharp we went to the court, the Judge was no where in the court. he came at 4:56pm and signed the order. The peon came and gave us the order and while we were reading the order we saw that the Judge quietly was leaving from the back door. HE HAS REFUSED THE ORDER FOR ME TO TRAVEL OUT OF INDIA. IN HIS THREE PAGE order he has accepted all my documents etc and he has given only one reason for cancelling my application. He states that my yellow card is not legal documents as it doesn't give the valuation of my house.
11- The earlier order which was passed by ADG had accepted the same yellow card and this Judge who is much lower than ADG refused my request.
12- In his order he has mentioned that this trial is supposed to be day to day and at the same time he gives and order on 16th and he gives the next date for 28th of this month. He contradicts his own statement in his given order.
13- As I said I a Canadian National and I have almost no money left and don't know what to do, the Judge won't let me go to Canada to attend my court dates as my wife is in Canada and she is filing motions after motions in Canada alleging that I am not coming back to Canada and I am the one who is delaying the trial in India and in Canada.
14- This is after my wife is the one who has filed the same case against me in Canada first and then in India. I am being tried for the same crime in two country at the same time.
15- I am really frustrated, broke away from Canada since November of 2012. I do not know what to do......I really think this Judge is not going to listen to anyone of my reason. My wife hasn't even produced one documents or any other evidences which can prove that I am guilty. I have dozens of documents, photographs, videos, banks transfer receipt etc etc which will prove that my wife is 100% lair and all her case is only based on VERBAL ALLEGATION.
16- Please guide me.........what are my options. Where can I file complaints against this Judge. Earlier when we had filed for TA (because of the 3:00 pm rule) the CJM has refused by saying that all the courts are very busy.
I am really stuck and if this keep going on he will hang me.
Thanks.
rajeev
26 June 2015 at 12:21
Hi me and my wife both are Canadian Citizen. My wife has filed a Money Recovery Case in Ontario Superior Court of Justice in Canada. The case is still going on in Canada. Then she decided to file a fake FIR in India (406, 420 IPC) in India as well.
My question is can I be tried in two courts of two different country at the same time.
Thanks,
Rajeev
rajeev
19 May 2015 at 15:35
Can my lawyers ask my estranged wife the following questions.
1- About her extramarital affairs. (She had 4 that I know off).
2- Can I ask her about sending very vulgar and malicious email to her ex boyfriend. She has described very dirty things about her ex boyfriend to her fiancé....so she would leave him.
3- She had abortions with one of them.....can I Ask her in the court in her cross questioning.
4- Can I describe very openly about her characters....she has very bad one.
My local lawyers are saying that we can't ask her personal questions as they are bringing up some Supreme Court ruling that you can't ask a female personal question.
My point is she has filed 498a and other pic sections against me and all of them are lies. Don't I get the chance to tell the court that by doing all this she has done all these things to me.
Regards
rajeev
18 May 2015 at 20:23
Hi,
My estranged wife has files an FIR against me in 2013 and right now her "jirah" is going on. She filed all the IPC section against me in March of 2013 and 7 months 7 days later she went to the same police station and filed 406 and 420 against me.
Yesterday when my lawyers asked her why did she waited 7 months and 7 days before filing such a serious charges against me.......her answer was and I quote " I was in sadma (shock) as my husband showed up at my house and insulted me and my parents and threatened us that we should give him 10 lacs rupees and my parents should hand over their house to him".
When my lawyer asked her for how long she was in shock she said, 3-4 days, when my lawyer asked why did she waited 7+ months before lodging 406 & 420, she said she chooses not to answer this. She has used this tactic dozen of times in her jirah, when ever she is trapped in her lies she says that " she chooses not to answer this questions". My question is can she take this stand and if yes for how long.
Also if an FIR has been filed/written in shock, distress and "sadma". Does this FIR holds any legal validity?? Under what laws can I challenge this??
Thanks
rajeev
05 October 2014 at 19:19
If the both parties are of Canadian National......what are the guidelines the local Police has to follow when they are filing the F.I.R?
In my case my wife has lied to the local police telling them that she is local resident. She lied that she is a Canadian Citizen and she already has filed a similar case in Canadian Courts against me.
I was under impression that one can't file the same case in two different common wealth countries. PLEASE CLEAR MY DOUBT??
rajeev
01 October 2014 at 19:27
Hi I was told that a Police can't lodged an FIR if both the parties are of a Foreign Nationality. Me and my wife both are Canadian. She paid money to local Police and got an FIR registered under 498A and other IPC acts. Once I got the permanent bail she went to the same Police station and got another FIR registered.
I was also told that the local SHO has no legal right to registered an FIR in our case. The law is that if the both parties are not an Indian citizen then an officer who is of an ACP rank or higher has to take the complaint and then within two weeks he has to investigate the complain and if he finds good reason then he can file the FIR or direct an SHO to lodged an FIR.
In my case this was NOT DONE, an FIR was lodged in March of 2013 and I was notified in November of 2013 that this has happened and I have to surrender and apply for bail. I had to rush to Allahabad High Court and I got "stay" on my arrest and then I surrendered in the local court and first got temporary bail and after 3 months later I got permanent bail. Now the local courts have taken my passport as they have said that I can't leave India till my case is resolved. In last 8 months I have attended 38 court dates and my wife who has gone back to Canada hasn't attended even one court date.
My question is that the person who told me about ACP thingy.......is this correct?? and if he is correct under what law this law is mentioned so I can tell my local lawyers who doesn't know this law.
If this is the case then I can go to the Allahabad High Court and get this FIR quashed. I am stuck in India for last 8 months and fighting these fake cases.
PLEASE HELP!
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2 or more bench request in Allahabad high court
Can I ask for a 2 or more bench request in my appeal to the Allahabad high court. I had filed a 482 petition. I was charged with 406 n 420IPC. My lawyer failed to submit the clean document chit from ED n Income Tax department.
I had transfer a large amount from my personal Canadian account to my personal Indian account. Due to my extensive travel commitments I had transfer some amount to a close family relative so she can make payments to fee business associates. She did that as per my instructions and all the money which I had transfer went out from her account in next 4 months.
My ex wife who is legally divorced from me.... filed an FIR against my relative stating that the money which I transfer from my own canadian account to my own Indian account n then to my relative account belongs to her. She has no documentation to support that stupid allegation but the local varanasi police took a nice payment and filed an baseless FIR.
Because of the mistake of my high court lawyer I am in a dilemma. Please help me with suggestions or legal advice of my options. I don't want to go to local court for bail etc. I have no faith in local courts.