Vivek's legal notes

A bad MRA will: 1. Ask you lot of personal questions like name of company where you work, how much you earn.  2. Never tell the name of his advocate, sometimes not even his own real name, job etc. He can be a telegram ninja with disappearing chats and hidden phone and name, his shadow also may not know him. 3. Will give you generic gyan like never file divorce, always file divorce, take back rcr, file rcr, DV will kill you, 125 will kill you, no judge will listen to you, 90% advocates are stupid etc. You will never understand the real meaning of any of these statements. It's a secret knowledge held by this mra. 4. Ignore you and never reply you. Even if you write to them that you are dying, they will ignore you while claiming to be topmost mra in their groups. 5. Will ask you what you have done for him and his group and why he should help you but will never help you beyond Pt 3. 6. Is a twitter fan. His idea of conquering this world is to tweet and retweet. He wants you to be an ag...

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  The Family Courts came to be established under the 1984 Act.   Section 7   specifies the jurisdiction of the Family Court and   about the nature of claims to be adjudicated by it in the form of suits and proceedings delineated in the explanation in sub­ section (1).   Section 10   predicates about the procedure generally. The provisions of the CPC are made applicable for resolution of disputes falling under the 1984 Act. The Family Court is deemed to be a Civil Court having all powers of such Court. Consequent to bestowing such power on the Family Court, comes with it a primary duty to make efforts for settlement, as prescribed under   Section 9 . If that does not happen, during the resolution of disputes between the parties, the Family Court then has to bear in mind the principles enunciated in the   Indian Evidence Act , 1872, which had been made applicable in terms of   Section 14   of the 1984 Act. A Family Court can receive as ev...

    Section 7  of the 1890 Act bestows power in the Court to make order as to guardianship in respect of a minor. Such prayer can be made by anyone interested in the welfare of the minor and “not limited to the father and mother of the minor”. In this inquiry, the Court, if so satisfied that it is for the welfare of the minor, is free to appoint the applicant as a guardian of person or property of the minor or both or merely declaring a person to be such a guardian.  Section 8  of the Act makes it amply clear as to who is entitled to apply for the order. It has specified four categories of persons. First is person desirous of being the guardian of the minor. The second is any relative or friend of the minor. The third is the Collector of the district or other local area within which the minor ordinarily resides and the fourth is the Collector having authority with respect to the class to which the minor belongs. Such application is required to be filed before th...

 A woman gets married to USA green card holder, gets culture shock, wants to return back to India and destroying the life of a hard working man in process along with US citizen daughter. The two were school friends. Later on, she alleges how she was "coerced" to apply for green card (Pt 35). ooooooo, Yeah, this happens only in court cases in India by prominent feminist advocates. Somewhere, mockery of religion is also made. I hope such advs be born brain dead in their next 100 lives for misusing the faculties of God. The US man should have never married a girl from India. In fact, he should have never married.  Court made some "nice statements" in the child custody case. Heavyweights Prabhjit Jauhar and Malavika Rajkotia were involved indicating both parents flushed lot of money into the house of devil which could have been better spent on old, homeless people. The court asked the women to return in US although lot of money and peace of man gets burnt with only the ...

1. https://www.youtube.com/watch?v=ZzhLlRv56Lw Oral arguments can be missed by the court. You should always consider submitting your written arguments. It is duty of court to include your application in your case file. What is not clear in the video is the format for written submission, it is possible that it is just simple application to the judge pleading to accept the arguments in writing. 2. Advoca te  questionnaire Year you got married:  Month and Year you were separate:  Your city of residence:  Spouse city of residence: Your income & Your spouse income: Age of children if any: What cases filed by you till now: What cases filed by your spouse till now:

 http://117.239.39.53/docs/other_files/Early-Access-to-Justice-at-Pre-Arrest-Arrest-and-remand-stage.pdf Backup here While visiting police station, you've a right to ask for lawyer from legal aid as per section 41D CRPC https://www.shoneekapoor.com/primary-rights-accused-person-criminal-trial/

Reasons for amendment 1) To fix mistakes in the petition. Eg. in gwa application, it is commonly seen that many people miss to  file a declaration in terms of  Section 10  of the Act along with the verification clause. If you have not yet filed GWA application, you can refer to this post to understand how to meet the requirements of  Section 10. How to file amendment? Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. You can read more details elsewhere on when court allows amendment and when it does not. In nutshell, it should not cause injustice to any party and should have some reason. Case in point is of " Gautam Wason Vs Reena Chopra, 27 April, 2017 " where husband had filed GWA without section 10. Court asked him to provide declaration which he provided after a month but then court asked to provide it through application for amendment. The husband filed the amendment application after 3 days but then his ame...

This is my list of advocates to whom I might reach out in future. I have never talked to them and found these links while browsing on web. If you contact any lawyer in this list, send me a private comment or leave a comment below (a) with purpose for which you reached out, b) approx fees, c) your comments/feedback) so that I can learn if that advocate could be useful or not for my purpose.  Delhi based advocates https://www.aksinghandco.com/enquiry.html Amish Aggarwal: Whatsapp: https://wa.me/919953401701 Email:  amish . aggarwala @gmail.com , 2000 rs 20 min consultation link: https://pages.razorpay.com/ConsultAA Adv Rajinder Pal Singh - 98103 10132 Adv Anubhav Kathuria - 98116 53359 Adv Kawaljit Singh Bhatia - 96501 83158 http://dslsa.org/ned/wp-content/uploads/2016/09/selected-candidates-list-1.pdf http://dslsa.org/2018/10/23/master-list-lawyers-panel/ ( https://drive.google.com/file/d/1LrqfJM_fkkBe8jZn4g88NmqxH9Xp3JIi/view) Sumit Chander : High court Delhi / SC,  ...

 Section 10 of GWA (Guardians & Ward Act) of 1890 states that: 10. Form of application.— (1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure, 1882 (14 of 1882)1, for the signing and verification of a plaint, and stat­ing, so far as can be ascertained,— (a) the name, sex, religion, date of birth and ordinary residence of the minor; (b) where the minor is a female, whether she is married and if so, the name and age of her husband; (c) the nature, situation and approximate value of the property, if any, of the minor; (d) the name and residence of the person having the custody or possession of the person or property of the minor; (e) what near relations the minor has and where they reside; (f) whether a guardian of the person or property or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an app...

 Section 2(s), which defines shared household. Shared household is defined in following words:- “(s) "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;”  Section 3 defines “domestic violence”.  Sections 4 to 11 occurring in Chapter III deals with powers and duties of protection officers, service providers etc.  Section 12 occurring in Chapter IV – “Pr...

1. Can my wife demand maintenance or property from husband's parents? No, if the husband is alive. The rights of wife in other statutes like Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 are only against the husband. If husband is deceased, there are some judgments where father-in-law can be asked to maintain but this right is also served only from the property where husband had a share. Further, the rights of daughter-in-law are only to the extent of right of the husband/respondent. "Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subjectmatter of attachment nor during the lifetime of the husband" 2. Can wife forcibly enter my parent's house after filing cases and stay there? definition of shared household in Section 2(s) is exhaustive. DV ac...