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Messages - advgaurav.sharma

Pages: [1] 2 3 ... 9
1
Criminal laws / Re: Defamation
« on: August 29, 2018, 02:13:40 AM »
Reply to the legal Notice through a lawyer? this is important.
than file a caveat so that no order is passed ex parte

2
Divorce Laws / Re: Maintenance Valid after Divorce
« on: August 27, 2018, 01:05:27 AM »
why are u in this position divorce is settled with a lumpsome amount one time payment.

you are maintaining your ex wife who is no one to you now.

you file an application in court to stop maintenance as the maintenance was given to your legally wedded wife  by the court.

now she is a stranger, how would you be responsible to pay a stranger maintenance.

3
Divorce Laws / Plea against divorce is pending Second marriage valid
« on: August 27, 2018, 01:00:40 AM »
Second marriage valid even if plea against divorce is pending: Supreme court, The SC set aside a HC ruling that held any marriage solemnized by a party during pendency of appeal wherein the operation of the decree of divorce was stayed would be in contravention of Section 5 (1) of the act.

Supreme court passed the order on an appeal filed by a man challenging HC verdict which had declared his second marriage void on a plea of his 2nd wife.

The Supreme Court has clarified that the second marriage would not be void if solemnized during the pendency of the divorce appeal. 

The "incapacity to marriage" as mentioned under the Hindu Marriage Act would not lead to nullity of second marriage.

Interpreting section 15 of Hindu Marriage Act, SC bench observed that restriction placed on the second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the matter.

The top court overturned a judgment of the Delhi High Court, which declared a man's marriage during the pendency of his appeal against a decree of divorce as void.

Facts
The man got married the second time when his appeal against divorce from his first wife was pending in High Court. During the pendency of his plea, he had settled dispute with his first wife and filed an application for accepting the divorce and sought withdrawal of his appeal.

Section 5(1) of the HMA places a bar on marriage by a person who has a spouse living at the time of the marriage.

While Section 11 makes such a marriage null and void. Section 15 tells when a divorcee can marry again.

"The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation,"

4
Employment laws / Re: Honourable High Court's Verdict not complied with
« on: January 30, 2018, 07:07:54 AM »
have u filed for execution of order?

5
Divorce Laws / Re: Wife is in depperession
« on: January 23, 2018, 08:08:46 AM »
until and unless the second motion is done, Nothing has happened, hence she can approach the woman cell.

6
Cyber laws / Re: Settling a cheating and cyber case
« on: June 15, 2016, 11:36:34 PM »
do you have to the order passed by mediator if yes present the certified copy to the court for closure of the case thats it.

when both parties are o more in dispute court is not going to look into the matter any more and dismiss the matter.

just make sure both parties present in court on due date of hearing and inform the court personally.

7
Cyber laws / Re: Consensual Cyber chat
« on: June 15, 2016, 11:33:51 PM »
section 67A discussion on broadcasting not personal level exchange. one to one

8
Lawyers in India / Re: Adoption
« on: June 07, 2016, 03:08:49 AM »
It all depends on what is mentioned in the mutual consent divorce application in regards to child custody and maintenance.

If that application is silent, than you have to find your ex for the legal adoption his consent is a must than

9
Company laws / Re: Resignation of director before first board meeting
« on: April 25, 2016, 10:54:57 PM »
His resignation should be duly intimated to ROC.

10
Criminal laws / Re: Fraud by friend for freelance job
« on: April 25, 2016, 10:44:17 PM »
Which city are you based in.

first of all you need to send a legal notice after that we can file both criminal and civil suit.

11
Divorce Laws / Re: Registration of foreign divorce
« on: April 25, 2016, 10:37:20 PM »
He has to apply for divorce in India since he got married in India.
Has his ex wife already got married?

if you marry him and if his first wife does not drag him to court than nothing will happen.


12
Marriage / Re: WIFE APPLIED FOR NULL AND VOID
« on: April 25, 2016, 10:31:35 PM »
To file  for Null and void there are certain things that needs to be fulfilled.

Yours appears to be a love marriage hence chances of court granting your marriage null and void is practically ruled out.

by the way was she under aged at the time of marriage.

Read this article to get some idea what null and void marriage is:
Nullification of Marriage - An Annulled Marriage

13
you can challenge it, in the general body meeting first.
and call for a all member voting on this issue.

if you win than your desire shall prevail.

if even after that it is not implemented you can always go to court

14
Property laws / Re: Property
« on: April 25, 2016, 12:53:10 AM »
based on the circumstantial evidence try to register it.
else get the noc from court stating that you were in possession of the property for 70 years.
that way you can get ownership when there is no objection from anythird party

15
Divorce Laws / Re: Please help on Mutual Divorce and child custody
« on: March 27, 2016, 08:28:00 AM »
on the second motion in court you can tell the judge that you seek some more time as you want some changes in the petition to be made.

Judge will give an extended date.

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