Anonymous
01 May 2022 at 03:11
Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously
I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.
I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.
Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.
I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)
my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.
Anonymous
21 April 2022 at 16:13
we received a false cheque notice , the cheque was bounced and after receiving the intimation of the same, we after 16 days by way of RTGS made them a payment of cheque amount, they received it and accepted it , and still they have sent us 2 notices, one for under section 138 and second for cancellation of sale deed , against which said cheques were issued, as 138 cannot be applicable to us as they received and accepted the payment , now can we file any counter suit on him for sending wrong notice like defamation or any civil or criminal suit.
Kindly guide .
Anonymous
16 April 2022 at 19:35
We had arrange marriage for 9 months. I am engineer from good govt. university. Working in Public sector. My wife is MA B.ed, 27 yrs. No job experience, average student, studied in Hindi medium. I wanted to prepare her for SSC like exam. Where Maths , Science, Computers , english n Arts subjects are learned n it could benefit her personality as well. But she has submitted to police that I pressurise her to study and I don't give her maintenance. But I only wish her to study so that she could make best use of opportunities, we could be more compatible and already I am taking care of expenses as and when required or buying clothes etc. freely for studies. Now girl n family threatening me to file Dowry case for one casual remark, if I file for divorce. Both of our parents with old thinking are interfering alot for society sake. Girl yields to what her family says.
I wish to file for divorce for non-compatibility, without maintenance.
Rama Kanth
15 April 2022 at 20:02
Can a Muslim Married Man who is having living wife and 4 children marry Hindu Women Widow.
1. Muslim man donot want to go to Divorce with his wife but says that Muslim religion permit 4 wifes so can be marry hindu women widow?
2. Can Hindu Women converts to Islam and then marry muslim man?
3. Hindu women has 2 child and few properties on her name and her late husband ? what are the impacts on such properties if she married muslim man?
4. Any alternate way to get the marriage done between muslim men and hindu widow?
5. Legality on such marriage?
Thanks
Ramakanth
Student - LLM
ritesh shah
06 April 2022 at 20:49
SRA rehab part = Society-A
Sra Salable part = Society-B
- both societies registered separately
- misallocation, prop tax goes in Society-A & registration details are found in Society-B
queries
1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)
2. then is it required to pass resolution by Society-B , under this circumstance ?
3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?
4. resolutions needs to be sent to the registrar / SRA to have its validation ?
5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?
6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?
I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,
kindly let me as queried above regards to validity of bills and liability of interest..
kindly guide.
thanks and regards
Member (Account Deleted)
06 April 2022 at 09:57
i have no job from last 3 year and financial condition not good. i am also mentally not well. I have condition of depression, anxiety and extreme anger, i have no money for medication.
my brother are taking advantage of these conditions and want me to transfer my share on their name. they have job and they can sit and wait for years but my financial condition is not good. i need money immediately. they ae dragging the matter in the past 1 year. i talk to police but they say we can't force them to sell
i have this video as evidence that they even tried to beat me for property issue.
https://youtu.be/NU5Zh2kxU3o
i don't want to go to court and wait for years. is there way i can lodge a police complaint and ask them to give me my share.
Anonymous
03 April 2022 at 15:08
Mene property purchase ki he meri sell deed paper pe red stam lagi hui he sdm se notice bhi aya he me ye janna chata hu ki ab hum kya kare jis se ye sab solved ho jae
Arjun Arjun
29 March 2022 at 12:57
Sir,
My cousin is a central govt employee(statistical investigator). He was assaulted by a person for the reason of visiting houses for data collection purpose in day time, when most of the male members are away for work. My cousin was admitted to hospital and hospitalised.
Police shared his residence address, mobile number etc to the opposite party and the opposite party is calling/visiting his house for compromise.
SI of the police station told his office in charge that as per their enquiry in the area, my cousin was not wearing id card and this is the reason for beating my cousin. However, SI is not true.
Also, the culprit was bailed by the police. Kindly reply whether police can give bail in a non bailable offense like attacking a public servant in work?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Urgent advise request
Summoned witness did not appear and authorised someone else on his behalf to produce records. Even court accept and mentioned u/s 91(2) of cr.pc. that witness cannot be compelled. Although summoned witness was also required to give evidence along with records. My query is how to challenge this before higher court and set aside section 91(2) crpc.