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Marriage / Witness affidavit in defamation case
« Last post by anuvupp on June 12, 2018, 06:22:21 AM »
Hello Team,
Divorce has been granted to me. However the other party out of grudge on me filed on ground of defamation for the grounds which he did not contest in divorce case. He filed private complaint through court for defamation case. My question is :

For a private mplaint filed through magistrate police have filed an fir/ charge sheeted. 
However Witness signatures are not taken and they are not even aware and want to get their names off the case from being witness.
Can they file affidavit saying they are not aware of case ?
Marriage / Re: Wife's Suicide attempt & threats
« Last post by settlementquick on June 12, 2018, 04:50:03 AM »
Filling the divorce petition is concern, you can file it any point of time because now you have crossed the 1 year living period. In case, if your wife is living with her parental home then  issue a legal notice at that address for divorce on the ground of cruelty. The gound of cruelty would also included the acts of  abusing and threadeing the other half in the name of suicide. Recently Supreme Court of India held that the action of threadening other half in the name of suicide can be a ground for divorce. Issuing a legal notice would be helpful in future, in case that the unwanted incident happened in your life. Otherwise, if she is residing along with you in the same home, you can file a judicial seperation petition before the family court allegeing her cruel habits and can seek for judicial seperation life in the very same home. Choose either way it will helpful to you. lodging a police complaint would not help you if case such a incident taken place.
Divorce Laws / Re: Six months cooling off period for divorce by mutual consent
« Last post by advmisthi on June 12, 2018, 12:00:06 AM »
Kindly note the supreme court judgment is not a statute.

To avail this option of waving off cooling period therefore is entirely a discretion of the court.

In Delhi to waive off the 6 months cooling period, a separate application has to be filed after the first motion.
than a date is given, if the judge feels that it is a fit case to waive off cooling period it does.

Normally if the husband and wife is staying away from each other for more than two years than judge waive off cooling period.

this is the actual story.

Supreme court judgement is NOT the Law.

the 6 months cooling period is still the law.
Divorce Laws / Re: ex parte order and delay
« Last post by advmisthi on June 11, 2018, 11:54:54 PM »
Your simple appearance in court stating before the Judge that you have received the notice and have no Objection to the ex parte divorce will be sufficient to obtain an ex parte divorce.

It is because of you that it has dragged on and on.

I worked in Bombay on the post of Sr. Accounts Executive for 2 months now and I gave my resignation in the first week of June 2018 serving my one month notice period but now when it's time for me to get my salary of previous month my boss put the same on hold stating i will be getting my salary of previous and current month in next month only if i serve the complete notice period. There were no written clause of salary holding mentioned any where in the documents issued by the company.

Please let me know what to do.
Domestic Violence / What legal actions can one take against a British citizen
« Last post by Abhi2017 on June 11, 2018, 10:40:02 AM »
My Husband is an Indian who has received the British naturalization. Many facts were hidden before marriage such as he has a 13 year old kid in the UK and he is epileptic. After marriage he leaves the job in the UK and makes marriage as a source of income by forcing me to sell and pledge the jewellery received as streedhanam. My husband is a man who hasn't even bought me a day's meal from his own pocket. He has been abusive right from the initial days of marriage and used to call me names. He would ask me to look out for jobs while he relaxes at home texting his ex girlfriend and even compared me to her and called me a 2 dollar bitch. He is temperamental and would even destroy household items, hit me and has even spat and scratched my face. He is alcoholic and smokes cannabis too. When he realized that am left with no more jewellery, he stopped getting physical and absconded to Uk. I have a huge gold loan of around 16 lakhs. Some in my mom in law's account and some in mine. There is a 498 a on his name. After filing the case, for the first time he sent me Rs.10,000 and that is all he has ever spent or send after 16 months of marriage. Please let me know what legal actions can I take against my husband. As he is an irresponsible and a wicked man.
Divorce Laws / ex parte order and delay
« Last post by Pablo on June 11, 2018, 07:35:24 AM »
After 2.5 years of staying separately, my husband filled divorce suit to end our 3 months long marriage. As told by my lawyer, I never attended hearing, only submitted a WS, also begging for divorce. after 1 year of filling, online case status showed ORDER PENDING by ex parte on june 2018 but unfortunately, it got delayed for another 1 and half month.
1. how to ensure that on the next date, the order will be final?
2. do we both need to be present with our lawyers on that day?
3. can my presence delay the final order?

please help. its urgent
Property laws / Partitioning dispute
« Last post by jedavs on June 10, 2018, 03:02:43 AM »
We have ancestral property at my native place (Hindu). My grandfather died in the year 1985 and my grandmother died in 1988. My father was the oldest son and have 4 brother after him.  After the death of my grandfather, some lands and farms were partitioned amongst my father and 4 uncles, however, our native place house (5 rooms) and lands near our house remained common (not partitioned).

My father passed away in 1995 and 2nd eldest uncle died in 2004. Both of them had insisted and requested other 3 uncles to have partitioning of our native place house as well as lands near our house. However, 3 uncles avoided partition on one or other pretext. My father have 3 sons and 2nd eldest uncle have 2 sons 2 daughters. After my father and 2nd eldest uncle’s death, these 3 uncles were looking after the affairs of ancestral property as they were retired. Whatever expenses comes of property tax, land revenue tax, festival expenses, house maintenance were equally distributed amongst all 5.

During the period from 2004 and 2014 we have number of meetings about partitioning of our house as well as lands near our house. Our Ancestral house has 5 rooms and one of them have about 40%-50% less area. We brothers and our cousins provided many solutions as how to resolve less area in room, however, our uncles were not in favor to solve this issue as they have kept their household items in full area rooms and have intention to get good rooms. In spite of having partitioning our house, one of my  uncle in 2015 had tried to install tile flooring in one good room without informing/intimating  us. After getting the news, we brother and cousins went to our village and advised him not to install tile flooring before Partitioning our house. However, our uncle remained adamant and had called “Punch”(5-6 villagers) from our village. Punch after hearing both sides gave decision that before partitioning no one can install tiles or can make any other construction/alteration in the house and advised us to resolve the issue between us. Thereafter, our uncles never shown interest for meeting with us. Since this incident, they are selling common trees without informing/intimating us and keeping money with them.

Again last year, same uncle had planted mango trees in common land without informing/intimating to us. Again we protested, however, uncle told us that trees will be common for us. This year again Uncle had built compound to the mango trees without informing/intimating us. We brothers have lodged complaint to ``Tanta Mukti Samiti’’. After hearing both sides, Tanta Muki Samiti has given their decision in writing saying that the action of our Uncle is unlawful and advised them no one shall occupy/use common land before partitioning. However, they have not asked uncle to remove the compound wall. Our 3 uncle’s intention is very clear they all want big share of the property and taking undue advantage of 2 big brothers are not alive. Our uncles want partitions as per their whims.

Under all these abovementioned facts and circumstance, I have following questions :-

1)   How to prevent our Uncle from illegally making any alteration/construction in good rooms  before partitioning in our house?
2)   How to prevent them from planting trees in common land before partitioning ?
3)   How to have fare and proper partitioning where all 5 will get equal shares?

Thanx in Advance.

Property laws / Poor construction of house
« Last post by alilibin on June 08, 2018, 02:54:21 AM »
1 year ago I bought new house for myself. Now I found lots of big cracks on the walls and is due to poor construction. There were many other problems faced like electrical and plumbing issues. Can I move legally against the previous owner ? It is just 1 year old building and we are the first one to occupy it. I am working in UAE. Seeking expert opinions. Thanks in advance
Is depend on Society legal actions and rules. Childrens are allowed to play outside because they are fed up of doing studies.They should require some outdoor activities for fresh up their minds.For any suggestions with lawyers you can visit us with:Top Lawyers in India
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