adv. rajeev ( rajoo )'s Expert Profile

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krb says : Family matter
Sir, Kindly advise me on following matter: Since last 6 yrs wife is living with parents,as unmarried after being victimized for 6-m in Hindu marital home by subjecting her to sexual and domestic abuse without any regard to her illness, mood and prenatal care during her 4-months of pregnancy.She was maltreated by husband and in-laws for not bringing enough home gadgets,not financing debt burdened husband. After 3-m of pregnancy,first time husband took her,not for care and treatment,but for sonogram,showing fetus defective.So,she got further victimized by vindictive husband.He assaulted her in pregnancy,physically,by dragging her from one test center to another and one city to another to procure unethical medical tests and reports from unlawful practices,which were then inflicted upon her,by keeping her parents in dark. His these hectic efforts were only to collect evidences but in vain.He became furious when asked to undergo similar tests. After failure to extort said assets and on wife advising him to get his medical tests before blaming,she was ousted in physically and mentally ill conditions after grabbing her all valuable gifts and her 'Stridhan" with a warning to her and in-laws to face divorce and dire consequences if attempted to meet for reconciliation.However,without any kind of cooperation from husband-side, wife got her forced legal abortion on parent's expenses. Immediately,within a couple of weeks,husband made police case (NC), sent legal notices including writ petition,and did not give any chance to wife-side to contact him. The charges against wife-side consisted of : i) cheating by hiding wife's medical history which resulted in miscarriage. Wife-side refuted and called it baseless and challenged him to have his tests first. Also wife never took any legal action against him, to claim her matrimonial right. ii)Cruelty--In-laws not sending wife for conjugal relationship-the fact was he ousted wife and terrorized them by his legal and police actions without even contacting them.Till-date no further attempt by him for marital relationship. iii)His fundamental right got violated as he had say in the matter of abortion, but wife intentionally avoided as she wanted to deliver handicap child so as to blackmail and harass him for maintenance. The fact was he even was not aware of her abortion. iv)Wife with parents looted his house,including her property.Till-date, no action from police nor his follow-up action. More than 6-yrs have passed with not a single reaction from wife-side nor any further communication from husband after what he did as above.Even no notice from any court nor from high court. Wife-side still considers and equates the whole tragedy with a road-side injury like biting by mad stray dog,and gives emphasis to curing, healing and mental peace in daughter's life, instead of fighting lengthy cases by getting entangled in legal machinery.Even the Laws have loop-holes, resulting in miscarriage of justice. Wife-side even today not bothered to find whereabouts of husband, because they got severely hurt the way he suddenly behaved as stranger with wife after abusing her body,did not even hesitate to harass wife and in-laws by using 498A like charges. Now wife-side wants: 1)To get out of the clutches of husband to avoid any litigation in future, 2)To dissolve the marriage on the ground of irretrievable marriage and if permitted by limitation acts to work in the favor of justice,the wife wants her husband to be punished for his alleged crimes, mainly,i)Dumped wife since last 6-yrs, deserting her forever to live on her fate in unmarried state and as destitute, and without bothering for her whereabouts,ii) taking legal and police action directly against own wife on false and fabricated ground in order to grab her property and to get rid of her on not meeting his demand,iii) Inhuman act and cruelty inflicted on pregnant and sick wife iv) not playing duty of husband and father by ignoring telephone call from Dr who did abortion,v) abused wife by using her body for unlawful medical tests, including collecting blood samples from unhygienic test centers and misusing them as evidence of cheating while filing writ petition. Thanks. Regards. Note: The query is raised by the relative of the wife who is engineer by profession and has habit of reading articles from different field

holmes says : doctors case in supreme court
hi sir. im a doctor from a foreign medical institition & i have passed the mci screening test in sept 2009 held for us . but there has been a case running in the supreme court since october 2008 due to which we were not able to start our internship as of enen now. latest news is that case got postponed to a non-miscellaneous day of august for FINAL DISPOSAL. does is mean that that is the final hearing for this case & there will be a final verdict? plls help me...thanks so much

T.R. Ganesan says : Cr.P.C. 156(3) in IPC Section 467
I am inclined to have the legal openion with regard to the Criminal Case pending for trial by the Magisterate. The 2 accused in the matter were in P.C. and MCR as well. Both the accused has been enlarged on bail by the same Magisterate who passed the process under section 156 (3) of Cr. P.C. The accused are professionally teachers in a private School run by the Trusts. Interestngly, the Complainant claiming to be a Treasurer of one of the Trusts in which one of the accused is also a bonafide President and an Assistant Teacher in another School run by another Trust. As per the ltest Schedule I under the Bombay Public Trust Act 1956 Register maintained in the Asst. Chrity Commissioner the Accused is the President and his name is appearing in it. No legal changes are incorporated in the Rgister by the office of the ACC. The legal and original Treasurer is other than the Complainant. The Complainant and other associates now called as Reporting Trustees claiming that they have filed a Change Report with the Assistant Charity Commissioner. They having lost faith and confidence in the proceedings in respect of the Change Report pending with the of the ACC, approached with an Application in the first week of March 2010 to the Charity Commissioner Maharashtra at Mumbai to get transfer the hearing on the Change Report to another ACC. This proceedings are not so far decided, for the reasons the Ld. Commissioner attending to High Court,Mantralaya, on leave extra and the matter is being adjourned week after weeks from March 2010. During the intervening period the Complainant and other associates claiming as President, Secretary, Treasurer approaching all the forums to harass and humilate the real, legally correct and bonafide President who is accused. My pertinent question is that the said Complainat's instance one socalled Secretary writing a letter enclosing therewith certain documents and the Judgement and Order of the J.M.F.C. to the Principal of the School in which the President is employed as an Assistant Teacher. The Principal issued a Show Cause Notice by not disclosing the basis for initiating disciplinary action from the show cause notice. The socalled Secretary has no locus to write to the Principal and endorsing copies down the line from Education Minister to Education Officer, Zilla Parishad right. Under the circumstances what legal action and/or legal remedy is available for defence?. I am concerned for the aused employment, The trusts institutions are govt. aided therefore, the salaries are paid by the Government. Kindly post your valuable advice in the matter. T.R. Ganesan Advocate.

PANKAJ KUMAR JETLY says : section 138 INA
I WAS NOT IN RECEIPT OF ACKNOWLEDGEMENT OF REGISTERED LETTER SO I APPLIED IN THE POSTOFFICE FOR GIVING ME PROOF OF DELIVERY OF REGISTERED AD LETTER. IN MY APPLICATION, I APPLIED FROM MY SIDE & NOT FROM ADVOCATE SIDE ( WHO SENT THE NOTICE TO PARTY ) SO POST OFFICE ALSO GAVE ME PROOF OF DELIVERY OF NOTICE IN WRITING & PUT MY NAME ON THE PROOF OF DELIVERY OF LETTER & NOT OF ADVOCATE. IS IT NECCESSARY THE NAME OF ADVOCATE ON PROOF OF DELIVERY ? WILL IT EFFECT ON THE CASE IN THE COURT ?

ksvrajuadv says : 498a need advice
sir,what is the role of the private lawyer in 498a of IPC in prosecution side,in case of regular bail or AB to reject the bail of accused.Can he contest for bail arguments in favour of his client when Govt lawyer present for prosecution.plz also suggest me some judgements to reject bail under 498a of IPC.plz reply me soon. thanx varinder sandhu

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