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Messages - advjaibansal

Pages: [1] 2 3 ... 57
1
498A IPC / Re: 498a lodged during divorce proceedings
« on: August 07, 2018, 07:36:39 AM »
1. Is there a provision in the law to club both cases i.e. Divorce Case and RCR case, to avoid repetition of stages? And also is there any provision to club this freshly framed FIR case to his divorce case?

- Divorce and RCR can be done through common evidence. FIR and divorce cannot be clubbed.

2. Is his action for application for Quashing the FIR in High court a right step? Or should he have waited for Family Welfare Committee's report and then apply for quashing the fir?

- you can file quashing anytime.

3. If he get a positive report from Family Welfare Committee that the FIR is false, will it close the FIR altogether or would there be more investigation from Police Dept. and trial thereof?

- no it won't close the criminal case.

4. How can he now benefit from this false FIR to get the Divorce quicker (assuming she may press more false charges in future)?

- depends. he can only get benefit when he is acquitted in the criminal case.

5. What are the implications of false fir on maintenance? Can he deny maintenance on this grounds?
- nothing. maintainance cannot be denied on this ground.

6. Also, he is paying an interim maintenance as per the "Order" from the Family court. Will this false FIR help him in reversing this order?

- no

7. Since all of his stages to submit evidence and witnesses are closed and the fact that an application by them mentions that the FIR is lodged by them, is already put up by his wife's lawyer, can he somehow request for the report by Family Welfare Committee of the same FIR to be submitted in the current divorce petition? This can help him prove cruelty.

- this can be filed along with application to place additional documents.

8. Can he plea for the divorce to be granted to him just on the grounds of false 498a if committee puts up a report stating that the FIR is false? I am asking this because if the committee gives him positive report then the Cruelty is proved so he need not be waiting for the subsequent stages of the Divorce case i.e Arguments and Judgement stages or would he still have to go through argument stage in divorce proceedings?

- yes. only if he is acquitted in criminal case.

10. When a person files an FIR, how important is the question - "Time or period" when the crime took place and "Location of crime"? (Refer above para "Additionally we also.... Quashing petition"). Can this minor finding help us prove that the FIR lodged is false in front of the Family welfare committee or The Honourable High Court in his future hearings?

hardly make any difference.

11. He is already paying her interim maintenance. What would happen after the divorce is granted? Will she have to apply for maintenance case?

- same maintenance can continue.

12. We are aware that 498a case can be filed anytime. After researching online extensively, Mostly what we have come across of 498a cases is that it is slapped after a divorce petition is filed or slapped first if at all genuine etc. But I couldn't find anything relevant to my brother's situation as his divorce case is on edge of closure and then 498a is lodged. Her RCR and FIR are 2 different versions of her approach towards the court and the law. Wouldn't the committee or hon' HC or Hon' Family Court Judge take all this into consideration?

13. She took almost 4 years to realise she had been through an ordeal and torture (everything is false) after fighting for RCR for 3 years. Will this delay be taken into an consideration?

- in matrimonial cases, wife takes time to file dowry harassment case. It is not considered as delay to dismiss the case.

2
498A IPC / Re: Procedural Advice
« on: August 07, 2018, 07:31:25 AM »
well sometime its filed by the lawyers and under some court rules affidavits are filed even in criminal procedure code. Just for example, in some courts along with bail application, affidavits are filed.

Regards,

3
you can contest the case in person without the assistance of the lawyer if the amount is very low.

4
Cheque Bounce / Re: Friend borrowed the money
« on: August 07, 2018, 07:27:15 AM »
please get a legal notice issued. then file suit for recovery against him. this is the only option left with you.

5
Cheque Bounce / Re: Reopening a withdrawn case
« on: August 07, 2018, 07:26:31 AM »
It may not be re-opened if you were there in the court when statement for withdrawn was made.

6
yes, only if you disclosing all the bank accounts to income tax department under one income tax return.

7
Property laws / Re: Final payment before inspection
« on: August 07, 2018, 07:24:02 AM »
Please make the payment and take the possession. Otherwise they will put penalty for late payment. The flat will remain the same what they have made. If you have any complaints then you may file a consumer court case after taking the possession about the quality of the constructions.

Regards,

8
Property laws / Re: Regarding selling to house
« on: August 07, 2018, 07:22:24 AM »
you don't have to take permission to sell the house. Now you are major, hence you can sell the house anytime.

9
Property laws / Re: Rental Agreement Laws
« on: August 07, 2018, 07:21:36 AM »
The rent of the property is under rent control act. Please file a eviction petition under rent control on the grounds of personal use or any other grounds which suits the facts of the case. Once you get the eviction then only you will be able to increase the rent by giving it to some other tenant or put to your own use.

The company is right in its own terms as they are payment the rent which is comes under rent control act and you cannot force them to increase the rent.

Regards,

10
Property laws / Re: How do I claim back my ancestral property
« on: August 07, 2018, 07:19:22 AM »
you need to file a suit for recovery against the concerned government department. Please issue notice under section 80 of civil procedure code before filing the case as there is mandatory period of notice before filing the suit.

For balance property, if not divided then you may file a suit for partition.

Regards,

11
Consumer laws / Re: Need help in prolonged consumer court case
« on: August 07, 2018, 07:17:36 AM »
you cannot get rid of the cases. They will be decided on its own merits and it may take sometime. Its not required that you need to be present there in person, you may appoint some lawyer who will appear and take care of the proceedings on your behalf.

12
Marriage / Re: Filing case against 2nd wife
« on: August 07, 2018, 07:15:29 AM »
1.Can i file case by mentioning her as wife as its not legal marrige? Or mention something else?
- this may also put you in trouble that you have got married with her despite the fact that you were not divorced from the first wife. Bigamy criminal case can be filed by her. Hence simply file for divorce on the grounds of cruelty and adultery.

2. Will filing case lead to any other issues against me by either wife?
- speak to her first for taking divorce on the grounds of mutual consent. If she refuses then file on the aforesaid grounds.

3. Can file case againt 2nd wife for stealing things and for threatening?
- yes, you can file complaint in the police station.


4.I heared she has changed name of child and mentioned as christian in school, but i am hindu. That guy is christian(with whom she ran) so she mentioned my child as christian. Any criminal case can be filed for this...?
- no criminal case, but good grounds for divorce is made out.

5. I want to see my child n bring with me for some time atleast...how should i approach?
- you may file custody petition and seek visitation rights under guardianship and wards act.

13
For visitation, you need to file a custody petition. certainly court may fix any other place or children room in family court or any other suitable place for visitation rights.

Restitution of conjugal rights is not divorce, its for the purpose of calling your wife to come and join your company.

You may however file a divorce on the grounds of cruelty. Depends on the drafting and facts of the case, you may win the case. But it may take two to three years. As she is residing separately since long, you may also file divorce on the grounds of desertion.

Regards,

14
Marriage / Re: Divorce or Annulment??
« on: August 07, 2018, 07:09:29 AM »
There is no ground for annulment or nullity of marriage here. She may go for divorce on the grounds of mutual consent with the husband. Or else file on the contested grounds.

Regards,

15
Marriage / Re: Power of Attorney for Adoption Deed
« on: August 07, 2018, 07:07:54 AM »
Power of Attorney is not allowed for legal adoption. You have to be present in person for complete the adoption formalities and get the adoption deed registered.

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