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Queries Participated

DIPAK KUMAR GUPTA   24 August 2009 at 12:08

RETURN OF SRIDHAN

Respected Sir ,

My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.

For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.

In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.

Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .

Now , four cases are pending as follws :

1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed

2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .

3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.

4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .

Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .

So , I want to give back all her belongings which are occupying at my flat.

I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.

After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.

I did my best for purchase of peace but I I found no remeady.

Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .

For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.

Please suggest me what should be the proper way to return her sridhan.

Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.

May I hope to get much expected reply .

Ranganath   24 August 2009 at 00:35

Appreciation of defense evidence

Ld counsels,

What is the evidentiary value of defence evidence in a criminal case.

When is the right time for the evidence given by defense/accused side duly appreciated. Given that police filed charge sheet..

Now farming of charges is pending. will the court appreciate the evidence given by defense and dismiss the case of merits accepting the defense evidence.

Pls clarify. Pls let me know if there were any judgement available.

Rajesh Rathod   23 August 2009 at 22:45

Need Civil & Revenue Law for Rajasthan state

Hello Friends.

I need Civil & Revenue Act (Local Act) of rajasthan.

I will greatly appreciate any form of document for the same. I need it on urgent basis.

Thanks in advance.

satish   21 August 2009 at 11:22

property fraud

Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties

anil   18 August 2009 at 16:13

Marriage Certificate

Hi,

One of colleagues is in UK and had a marriage affidavit and now he would like to take marriage certificate so as to apply depedant work permit for his wife. Is it possible in his absense to have marriage registration can happen. Please advise.

Best Regards
Anil

ashish sharma   18 August 2009 at 15:26

regarding possession of flat

My wife married with me in feb 2005 and after taking divorce from her ex-husband her ex-husband took forceful possession over the property at patel nagar, new delhi which is in the name of my wife through gpa of 1995.She is sole owner of said flat but her ex-husband is a greedy person took forcible possession over the said property and molest my wife with their family members in public FIR was lodged aginst her ex-husband in ps patel nagar u/s-354/341/34 IPC in may 2005.Thereafter we both file petition for survillence and protection when her ex-husband threaten to me and my wife for withdrawl of FIR in 2008.High Court has passed decision in our favour.In Oct 2008 her ex-husband file false civil case for suit for perpetual injunction against me and my wife for the possession of said property on the basis of forged mortgage deed tht my wife has taken rs. 10 lacs from him in june 2005 and mortgaged the said property.how it is possible the FIR was lodged against this person in may 2005 and my wife took rs. 10 lacs in june 2005 and mortgage deed was expired on june 2006.When we come to know about said mortagage deed my wife immidiate registered the said property in my name for saving the property from her ex-husband in oct 2008.I had filed complaint case u/s-200 cr.pc. for preparing forged document against this person in nov 2008.But the court dont summon the accused on the basis that this forged mortgage deed is not sufficient to summon the accussed in aug 2009.we will go to revision to sessions in next 3 to 4 days.Any expert may kindly suggest how we will disposess the said person from the said property,suggest any suit or civil litigation to evict this person from the said propery immidiate.Can we go for suit for possession in my name or my wife name?

vijay dhiman   18 August 2009 at 15:23

Criminal tresspass

Wht is the processors of filing the suit & fir of criminal tresspass.how much court fees attached with the suit

anuradha   18 August 2009 at 13:06

Frivolous or Malicious litigation under Section 420

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that’s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that’s all.

I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session’s court to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Kindly advise me with a practical solution/ roadmap.




Request: Please treat this as confidential.

PRAKASHCHANDRA MARU   12 August 2009 at 22:46

498 and dowry case

hello all learned experts
i wnat the conviction citation under the dowry section 3 and 4 and u/s 498 pls provide if posssible thanks

Amar   12 August 2009 at 02:03

Eviction of Tenent

Hello, We have a tenent that we are trying to evict for the past couple of years. We need the premise for our personal use, unfortunately everytime we appear to the court we are given new dates and there never seems to any closure. Any suggestions would be greatly appreciated!!!
Thanks