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Ranganath   21 December 2008 at 18:45

Mutual Divorce within one year

Dear Sir, Is it possible to get mutual divorce within one year given the fact that the husband and wife lived together for only 5 days. Can we refer the mutual divorce ordered by Delhi HC for a mraaigage that lasted only 8 months.
Here are the parties.
SH. TARUN KUMAR VAISH Petitioner
VERSUS
MS. MEENAKSHI VAISH

Below is the reasons mentioned for the divorce in the judgement.
"
The other relevant considerations which may be considered for granting the exemption from passage of one year before filing a petition for divorce by mutual consent are:-

(a) the maturity and the comprehension of the spouses;

(b) absence of coercion/intimidation/undue influence;

(c) the duration of the marriage sought to be dissolved;

(d) absence of any possibility of reconciliation;

(e) lack of frivolity;

(f) lack of misrepresentation or concealment

(g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties.
"

Please also clarify if nullity be ordered in case the alleged force on either party is DENEID but still the party is OK with the annullment.

1. In short, I am trying to know if the marriage can be dissolved either by mutual consent or by annulment ( inspite of denial of force) within one year.

2. What is the legal validity of a MoU or a compromise deed in case of a nullity or divorce.


Thanks.

M.S.Chandra Shekar   21 December 2008 at 12:34

How to File Complaint against Chief Information Commissioner and Registrar of Information Commission

I am a Senior Citizen anad I am having a Writ given by the Hon'ble High Court against a Registration Department regarding information about a Particular Document. Thru the writ I got some information, but the Vital Information is still held by the Registration Department.

In this connection I made neccessary RTI application to that Registration Department, they failed to furnish the vital information, I filed an Appeal before the Chief Information Commissioner.

What I find is to my utter surprise, The Chief Information Commissioner is favouring the Registration Department, inspite me having a writ granted by the Hon'ble High Court regarding information relating to a Document.

Now my two questions are as follows;

1. To whom to file a Complaint for the indifferent attitude of the Cheif Information Commissioner, for totally disrespecting the Hon'ble High Court Order and showing a Bias towards the Registartion Department. He thinks that he is the supremo and there is no one above him to correct.

2. If I make an RTI application to the PIO for want of explanation of grounds for not taking actions against the Registration Department for not furnishing information, The Registrar sincerely follows rules that Hypothetical questions need not be answered under RTI act. Is this Correct? and he also does not follow the same sincereity in Invoking Penal provisions of the RTI against the concerned,

Whom to Complain ?

In both the cases the Chief Information Commissioner and Registrar of the Information Commission are behaving like dictators, Is there a way to teach them a lesson ?

Thanks & Regards,
Shekar

Vikas Kr. Sinha   21 December 2008 at 10:49

Evidence Act not applicable in its strict sence in labour laws

Hi friends,
I am in need of a decision of High/S.C in the follwing subject:

Postal Peons who wrote "Refusal Note" on the envelop of a registered notice issued by the court, is not required to be examined as a witness. Only the remark "Refusal" is sufficient for the purpose of proving the fact that the party refused to accept the notice.

Vikas

Nishant Singla   21 December 2008 at 09:54

anticipatory bail u/s 406,420,467,468,471

I deposit sum of rs 96301/- with interest to the concerned department after the conduction of enquiry of my tenure as a surpuch by the such govt department. After that the complainant as a individual has obtained a ordere of court for the Local Police to file a FIR against me u/s 406,420,467,468,471. Now i want to apply to High Court of chandigarh for anticipatory bail. How can I succed.

adv nishant   20 December 2008 at 20:34

Fathers property goes to??

Dear every1..

I am writting with a lot of hope..i hope some bright minds from the legal faternity would surely reply back and give some suggestions...

My father died in the year 1991 leaving behind me(a 5 yr old son),my mother and my elder sister(who was 10yrs old back then)...my father had a house in a co-operative hsg society in mumbai in his name..as there was no nominee..so after my fathers death in the year 1991 a appendix 3c was submitted by my mother to the society requesting them to transfer the property in her name..

and for the past 17 years the house has been kept locked as we all live in New Delhi and my grandfather does not let anyone of us go and as he has the keys and all the orignal papers of the house..and as indian joint families are we did not have the courage to disobey him..but in the year 2007 we were informed by the society that the said property is jointly held by my mother and my grandfather..and when the appendix 3c was submitted to the society there was a clause in it which said "as there is no (the NO is then crossed with pen) one more heir Mr (my grandfathers name) who is related as father of the deceased to Mr (my father),his name may also be enroled as Joint name to the membership."

it is this clause made my grandfather the joint member..and we were really shocked when we were told about this in the year 2007 by the society as for the past 17 years it my mother who has been sending all the maintaince charges and all other expenses for the flat..and my granddfather has never spent a single rupee on it..and now when i confronted him 1st he said that as the furniture was mine that is why my name was added as a joint owner,then he changed his statement and said that as he had paid the black money (cash money) for buying the flat that is why he is a joint owner and now he claims that as the owner was his son (my father) hence that is why he is a joint owner..

presently my mother is suffering from a terminal illness and has not much time to live in this beautifull and not so beautifull world..the last and only wish that she has is to have her property back to her name.. i therefore request each knowledgeable member of this forum to reply back to my query as soon as possible before its too late..thanking you..

M. PIRAVI PERUMAL   20 December 2008 at 19:22

POWER OF ATTONET EXECUTED & NOTARIZED

I have filed a suit. The plaintiff is represented by power agent. I had filed application to recognize the power agent. I have filed power deed duly executed and notarized. The recitals of the Power Deed is only for conducting the specific case in respect of specific property. The Court returned the same and insists for registered power deed. My stand is that power deed executed and notarized for conducting the case need not be registed as the same is not for transfering the title of any property. But the Court insists for citations. Can our Learned Members enlighten me on the subject with CITATIONS PLEASE. PRAKASH SIR IM ALSO EXPECTING YOUR VALID OPINION IN THIS REGARD.

kanwar Lal   20 December 2008 at 18:24

Asst Disst Attorney

What's the profile/working of Asst Disst Attorney?
Is this permanent post or temporary post?

vinod bansal   20 December 2008 at 18:12

minimum wages act

Sir plz send me some citation regarding payment of as per minimum wages act.in fact i was unlicenced contractor for a piecework in hafed Haryana & later on 51 labourer filed a complaint under MW Act claiming payment of remaining amount.Any claimant labourer has never done work with me there is no any documentary proof of their working with me,they has filed a false case against me,plz send me some favourable citations...Thanks

Nishant Singla   20 December 2008 at 15:13

U/S 406,420,467,468,471

DEAR LAWYERS,

Can u plz provide me some authorities regarding the u/s 406,420,467,468,471 of ipc sections for obtaining anticipatory bail.

Swaroop   20 December 2008 at 14:37

WHO SHOULD BE SUED?

I HAD APPROACED A COMPANY FOR WATER PROOFING PRODUCTS AND THE COMPNAY REFERRED ME TO ITS AUTHORISED DEALER.

THE PRODUCT WAS PURCHASED AND FIXED ON MY PROPERTY BY THE AUTHORISED DISTRIBUTOR OF THE COMPANY.

NOW AS THERE IS A PROBLEM WITH THE PRODUCT OR THE SERVICE, ON WHOM SHOULD I FILE A CASE IN THE CONSUMER COURT FOR COMPENSATION?
IS IT ON THE COMPANY OR THE AUTHORISED DISTRIBUTOR OF THE COMPANY.

KINDLY CONFIRM.