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Hi,nmy ex-wife filed a false Dowry demand/DV case via an FIR in Mumbai during our dispute. After sometime we did out of court settlement and filed a mutual consent divorce application ,in which she explicitly agreed that she will withdrawn the FIR filed against me and my family unconditionally (This point is also mentioned in divorce decree) But recently i got to know that the case is still on and the dates are extending since last 3 years.What could be the best way to close this FIR in legal prospective.
The consent terms filed in the mutual divorce should have contained a clause to say that she would give consent for quashing the FIR in High Court. Only after you obtained the order for quashing should you have filed your final affidavit and got the mutual divorce pronounced. Now you should file a miscellaneous application in family court to point out that quashing was not done as compliance. If you do not get that done then the criminal case will never get quashed.
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If any agreement is signed on which it is written that dowry neither taken nor demanded then can it debbared to file cases again in future if dispute arises again
MOU is not legally binding in court. This is done to establish the bonafide between parties. But even after that you cannot prevent us he other side from filing cases. If dispute arises in future then parties are free to take legal recourse.
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How can I send legal reply to contested divorce notice.. i also want divorce hindu
You have to appoint a lawyer who will draft and send a reply on your instructions to the other side. It is important to reply within the time frame in the notice otherwise it may be construed that you have accepted the allegations set in the notice.
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What is the procedure of divorce??? Plz tell me step by step
Mutual divorce
Step 1 filing of petition by both parties
Step 2 Verification and counselling of both parties
Step 3 Filing of claim affidavits, counselling and pronouncing of decree
Total process takes 6 months
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Can I file haepus corpus against wife parents against dv case filed by wife
Habeas Corpus is an extraordinary writ filed in High Court for illegal detention of a person. It is applied in custody matters of a child is improperly detained by one parent or other family members from a biological parent. Your wife has filed a DV against you. In this case you cannot file a habeas corpus against your parents in law.
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A flat got as divorce alimony as gift deed from ex husband does attract propert tax? nOr since it is a gift deed taxes are exempted .kindly reply .Thanks
This will not attract tax. The required stamp duty is paid on transfer of the gift deed. Since it is considered as a gift out of natural love and affection and one spouse has already paid the required tax this will not attract further tax.
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My sister opponent filed case against her of section 9, will it be safe side for her to accept it or not?
Yes she can demand alimony as that is a final settlement. Interim maintenance can be denied to her on the ground that she is working. But alimony is a final and one off settlement which every wife is entitled to receive but depends on her prayers and how she presents her case.
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My family denied boarding by international airline and did not provide valid reason. I want to file a case against airline and ask for compansation. Please advice what kind case I can file against airline and in which court. As I currently ot of country how I can manage this case.
Please file in consumer forum for deficiency in service. First send a legal notice to the airline through an advocate. If they don’t respond then file a case. You have a valid ground so first get your evidence together mainly to prove that you did try to check in within the stipulated time and still they denied boarding.
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Hi this is to inform you that my brother in law recived a notice of DV case aginst him which is very false statement written in notice against him and his family member so i would like to know it is compulsary to present in first hearing his financial condition is not good all family member is in trouble is there any way to discharge a case to save my brother in law. plaese help me in this situation. tahnks!
Yes once summons are issued as Respondents they all have to appear in court and submit their reply. The court will not wish to discharge the case on a preliminary level. So ultimately it will be decided on the merits of the case.
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we has ancestral land some of owned by my grandfather and some of my great grand father we put our name recently on 7/12 extract but now uncle and his cousins only using it for farming some of given for rent they sell most of the grain to market without knowing us if we requested for our small profit they threaten us what should we do to get our rights.
File a police complaint immediately on the grounds of trespassing and criminal intimidation. If you are the lawful owner they can't encroach on your land.In case the police refuse to file a complaint in that case consult a property lawyer with your papers.
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