Legal Fighter
16 October 2009 at 10:36
Wife has fled to abroad after filing false 498A and DV case. Now her counsel takes date on one pretext or the other and the cases are not progressing. I want to finish off the cases as soon as possible as I can disapprove all of her false allegations with sufficient proofs.
What should I do so as to conclude the cases as soon as possible? Kindly suggest?
Legal Fighter
16 October 2009 at 10:31
I have filed a divorce petition (in family court) in which notice was issued to the respondent and duly served to the respondent. But on that date, the respondent didn't appear and a proxy counsel appeared on her behalf. Judge put up the matter for next date. On next date, the counsel for the respodent appeared and filed the reply to the divorce petition. It is important to note that the said affidavit in said divorce petition was signed within 15 days of serving of notice to the respondent.
Now the reply has been filed after 85 days as compared to the time of 30 days. In first date, the Judge has not written anything in the order for extending the time from 30 to 90 days.
Now since the reply was prepared was within 15 days of service of notice but has been submitted after 85 days. What recourse should i take?
Grace
16 October 2009 at 09:22
Dear Mr.Kiran Kumar,
Thank you for your very prompt reply. It is very helpful and gives us hope and courage to take the next step.
In the last sentence you mentioned SC judgements? What are they? And where do I find them? (Excuse my ignorance)
Thanks again.
Grace
kamaljeet
16 October 2009 at 07:51
can one go for reappeal in the same court.
if the reappeal is heard and one is not satisfied. can he go to doublebench.
amarendra
16 October 2009 at 07:21
inaction on the part of state to notice u/s80 cpc. amounts to cause of action , no actual act need to be proved by pltff in order to establish cause of action.if any case law? pls provide.
amarendra
16 October 2009 at 07:16
is there any case law of the apex court or high courts as to how bail petition are to b disposed of if an accused surrenders in a nonbailable case, like it should be heard in the 1st hour to enable accused to approch higher court.
Grace
16 October 2009 at 07:14
Dear Law Experts,
I have just come across this fantastic website where you are helping people like me who know nothing about legal matters, but are unfortunately caught up in legal battles. Thank you so much.
My friend with the advise and pressure of her lawyer, and unfortunately not knowing any better and not having anyone better to advise her, filed an FIR against her husband. While her allegations are true, she doe not want to go ahead with the allegations. However, she has been advised that now she cannot withdraw the FIR. If she did, her husband can file a defamation case against her. I read in one of your answers that such cases can be quashed with mutual compromise. The lawyer is not willing to go down that path. We dont understand why.
My questions are:
1. If she, or someone on her behalf, initiates a dialogue for compromise, will it go against her?
2. Will there be any other adverse consequences? What other charges can the husband bring against her?
3. What precaustions should be taken while coming to this compromise? Can this be done with a mediator and without the presence of the lawyers?
We are so much in the dark, Please advise.
Thank you very much.
Grace
Grace
16 October 2009 at 07:04
I am sorry, accidentally, i pressed the "submit" button. I am continuing with my second queestion.
2. Will there be any adverse consequences? What other charges can the husband bring against her?
3. What precaustions should be taken while coming to this compromise? Can this be done with a mediator and without the presence of the lawyers?
We are so much in the dark, Please advise.
Thank you very much
CHAUHANMA
16 October 2009 at 03:56
I like to file a constitutional petition in High Court to get minimum rights for senior citizens, what would be the case-law? also need some tips.
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Non-Appearance of respondent in divorce proceedings
I have filed a divorce case (in family court) against my wife for cruelty and desertion. Her father has made appearance on her behalf with POA and submitted reply as she has gone abroad to study.
Isn't it mandatory for the respondent to appear in divorce proceedings especially in reconcillation.
In my case, her reply has been taken on record and there are no reconcillation proceedings happened.
What is the remedy available to me?