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Family »Posted 30 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   Sir,
I have filed a petition seeking maintenance (compensation) from my husband for my girl daughter. I will not be able to attend the hearing posted on December 1st in the coimbatore court. My advocate says that i need to submit a doctor\\\\\\\'s certificate on health grounds before the hearing date , otherwise warrant will be issued against me. Is that true? please reply me ASAP. I am totally confused, as i could not get a certificate from doctors , as they are reluctant to give me one. Please guide me. I filed this petition in coimbatore but now i have shifted to chennai and commenced by own chartered accountancy practice. My husband has now filed a petition seeking to \\\\\\\"live together\\\\\\\". But i am not interested in reunion. My advocate says that if i seek to shift the case from coimbatore to chennai, it will cost Rs.25000. Also he says that since i did not agree with my husband\\\\\\\'s petition to live together, the court may order not to pay me any compensation and that if my husband seeks his right of visiting my daughter , then i may have to travel all along to coimbatore along with my daughter atleast every 2 weeks to allow her to spend time with my daughter. Is this true? I dont want to lose my daughter. please help me with your valuable advice. Please suggest me what steps i can take to secure my daughter and get monetar compensation to secure her future
Thanks & regards,
Vidya


   Dear Querist,

There are no need to pay Rs.-25,000/- for this issue, it\'s very high & harmful charge for you. And

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the (C.J.M.) Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

The Protection Of Women From Domestic Violence Act, 2005,

A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person—

(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;

(b) of the availability of services of service providers;

(c) of the availability of services of the Protection Officers;

(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);

(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860), wherever relevant:

Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.

Comments

This section lays down the duties of a police officer, Protection Officer, service provider and the Magistrate to inform the aggrieved person of her right to make an application for one or more reliefs under the Act, the availability of services of service providers and Protection Officers, her right to avail free legal services under the Legal Services Authorities Act, 1987 and her right to file a complaint under section 498A of the Indian Penal Code, wherever relevant. It is also envisaged that this section shall not relieve any police officer from his duty to proceed in accordance with law on receipt of information as to commission of a cognizable offence.

Section 28 - Court to give copies of order free of cost.

(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

Comments
This section provides that proceedings under the Act relating to application and orders for reliefs and offence of breach of protection order or interim protection order by the respondent shall be governed by the provisions of the Code of Criminal Procedure, 1973. Sub-section (2) envisages that the court may lay down its own procedure for disposal of applications for any relief or for ex parte order.

Your\\\'s:-
Randhir Kumar
AOR- HC.Patna,Bihar
Cont.+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 30 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   very few questions of mine are only answered.
I have filed a petition seeking maintenance (compensation) from my husband for my girl daughter. I will not be able to attend the hearing posted on December 1st in the coimbatore court. My advocate says that i need to submit a doctor\\\\\\\\\\\\\\\'s certificate on health grounds before the hearing date , otherwise warrant will be issued against me. Is that true? please reply me ASAP.
what will be the cost of filing an appeal in high court to shift the case from coimbatore district to chennai district?


   dear sister no warrent is issued in the fanily court for the absence of any party. it is just thretened. you need not worry. you need fine legal opinon and sincere lawyer. having applied the maintenance in the family court you need to attend the court personally. as far as shifting the case to chennai is conerned it can be done with the lessor fees. please approach a sincere lawyer based in chennai. all the best. for further help
Loganathan,MadrasHighCourt,,, No/Police/Court
Lawyer Id: E00000831    Talk to this Lawyer                          Click here for free legal advice


   dear mam,
you will get the maintenance and compensation. your case need to be handled with full legal techno terms normally lawyers do not put the technicality in the case .please discuss and talk to us.

kusum gupta advocate
0
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the (C.J.M.) Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

Your's:-
Randhir Kumar
AOR- HC.Patna,Bihar
Cont.+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   It be noted that no warrant can be issued in such case and adv can seek your exemption from attendance if at all your presence is needed for the matter. The cost for such petition shall be 10,000
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice


   don't worry court wont issue any warrant against u as u have not done any crime it is the matter of maintenance civil court and there is no need to appear in the court for every hearing (generally) court will issue warrant against the person in criminal cases
so dont worry and concern a good lawyer in ur area
and the maximum cost in shifting the case will be 8000 to 10000 Rs
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice




   Please see my earlier reply. It covers the points raised by you in this question.
R.V.DAGLI
Advocate.
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   Warrant will not be issued but you have file a petition so it will be dismissed for absence with costs.

In case you need any further clarifications contact us at –

M/s. S&P Law Associates
Law Firm at Chennai
Phone & Fax:
Cell:
Email:
Website: www.pathlegal.in



Lawyer Id: E00001795    Talk to this Lawyer                          Click here for free legal advice


   mam
if you cant attend the hearing ask your advocate to file an absent petition on relevant grounds and shift the case to the convinient date.doctors certificate is optional only. dont worry for your petition court wont issue warrant against you.if you dont attend the court may sometimes dismiss your petition if sufficient ground for your absence is not informed by your counsel.you can file an application to restore it on sufficient grounds or file an appeal.
for shifting the case the fees depends on the lawyer you keep. if you opt for seniors the fees will be high. so choose a middle senior. the fees for filing appeal will be around 10,000/-.

Advocate jeshma mohandas
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 30 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   can you please let me know what will be the exact fees (full cost) of filing appeal in high court for shifting my case from coimbatore to chennai district? also what is the consequence of not attending the hearing on dec 1st.


   dear sister if you dont appear on 1st dece the case will be adjourned for the next date. dont worry. i hope it should not exceed Rs.10,000/- for filing a case in the high court for shifting the case. all the best.
Loganathan,MadrasHighCourt,,, No/Police/Court
Lawyer Id: E00000831    Talk to this Lawyer                          Click here for free legal advice


   dear mam,
please discuss on phone for fee etc. if you do not attend then you may be given one more chance else there may be an exparte decision.
kusum gupta advocate
0
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice










   Dear Querist,

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the (C.J.M.) Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

Your's:-
Randhir Kumar
AOR- HC.Patna,Bihar
Cont.+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   On an average it takes 10,000 Rs for said petition . So far as non attendance of the case is concerned the court may proceed with the matter ex party and therefore it is advisable to get the record inspected with the help of local adv and put your appearance through him at the earliest.
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice


   it wont exceed 10000 RS it is up to the advocate and his fee he will maximum charge u 6ooo Rs as his fee and the expenses
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   Simply send can application to court that as you want to approach High Court for transfer of case, another date may be given. Court will grant time. Thereafter you approach some advocate in High Court and file a petition for transfer of case. Fees and costs depends upon the advocate engaged but I think it may not be more than Rs.7500/- as this will be simple petition and Law is settled on this point.
R.V.DAGLI
Advocate
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   At first stage where you filed the transfer petition and how appeal will lie. Look whether your appeal in transfer petition is rejected then CRP might lie. Hence we have to see the documents before advising you properly.

In case you need any further clarifications contact us at –

M/s. S&P Law Associates
Law Firm at Chennai
Phone & Fax:
Cell:
Email:
Website: www.pathlegal.in




Lawyer Id: E00001795    Talk to this Lawyer                          Click here for free legal advice


   the fees depends on the lawyer you keep.if you opt for a very senior lawyer it will more .so choose a middle lawyer for less expenses and fees.it will be around 10,000-20,000.for transfering the case you have give an application in the court to transfer. yours case is civil or criminal? if it is civil for non attendance on hearing date it may be dismissed or it lies to the option of the judge. if it is a criminal case apply with a absent petition.
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 30 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   Thanks for the reply sir. I have one more question which remains unanswered. If my husband seeks the right of visiting his daughter in the court, do i travel all along to coimbatore along with my daughter to allow her to spend time with her father on proposed visiting dates. My advocate said so..this is really troubling me..please advice. Also he says..since i am a professional and have not agreed to my husband\'s petition of reunion, i may not receive any compensation (monetary) for my daughter\'s maintenance. is this true?


   dear sister your husband only has to come to see the daughter in chennai if at all he is given withthe visitation right. you need not go to coimbatore. dont worry for others comments. only the court has to decide everything based on the situation and circustances. you first see a sincere lawyer. dont worry so much. you have lot to do so keep your health intact.I hope no more questions. all the best for further help
Loganathan,MadrasHighCourt,,, No/Police/Court
Lawyer Id: E00000831    Talk to this Lawyer                          Click here for free legal advice


   Hi
If your husband seek for visitation rights he will have to come and meet the child wherever the child resides.No child will have to vist its parents asper the court order,it is the right to visit only.At any situation no court will ask the mother to take the child to the father in a order for visitation.If in case the visiting rights are allowed,he has to find his accomodation nearby where the child is and make arrangements,not that you have to do this
your advocate had misguided you.You will get maintenance for your daughter as per the financial standard of your husband.whether wife earns or not it is the responsibility of the father to manitain and give the expenses of a child.There is no reason court will deny you this.Regarding your maintenance if you wish for the same you can ask for it .Follow up your case properly,if needed change your Lawyer.It seem to me that he is not doing his job well.
Adv.Treasa,Mumbai,
Lawyer Id: E00003609    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the (C.J.M.) Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

Your's:-
Randhir Kumar
AOR- HC.Patna,Bihar
Cont.+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   YES YOU CAN CERTAINLY CLAIM AMOUNT FOR YOUR DAUGHTER AND NOT FOR YOU IF YOU ARE EARNING AMOUNT TO THE EXTENT OF MAINTAINING THE STATUS AS YOU WERE ENJOYING EARLIER . HOWEVER IF YOU ARE NOT IN THE POSITION TO MAINTAIN YOUR EARLIER STATUS THEN YOU MAY FILE PETITION FOR GRANT OF MAINTENANCE FOR YOURSELF ALSO , UNDER THE PROVISIONS OF HINDU ADOPTION AND MAINTENANCE ACT( PROVIDED YOU ARE HINDU)AND DEPENDING UPON THE NATURE OF EVIDENCE COURT SHALL PASS APPROX.ORDERS. SO FAR AS THE VISITING RIGHTS ARE CONCERNED YOU MAY PLEAD SPECIFICALLY THAT IT SHALL BOT BE PROPER TO BRING THE DAUGHTER IN THE COURT DURING THE COURT HOURS ON ACCOUNT OF SCHOOL/CLASS, AND FURTHER PLEAD THAT IF AT ALL HE WANTS TO VISITING RIGHTS THEN HE SHOULD MEET ON ALTERNATE SATURDAY EVENING
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice


   If the Court pronounce right to visit your daughter to your husband, at that time you shall pray to the court Court that your husband should visit his daughter at your place of residence because you being an women it is not possible to travel all along to Coimabatore at the time when your husband seeks to visit the daughter. Moreover the child is too little to travel frequently.

As regards the maintenance, you are professional that does not mean you and your daughter will not get maintenance. You have to show that the income that you earn is not sufficient enough to live and maintain a standard of life compared to your and your husband's standard of living. If court is satisfied then the Court may grant maintenance in favour of you and your daughter.

Let me clear One point regarding your earlier question, warrant for non appearance. In maintenance case if the petitioner is absent on the day of hearing the court may dismiss the petition but can not issue warrant for appearance of petitioner. I think your lawyer too fresh to deal maintenance case like yours. That is why he is giving you absurd opinions.

Pronoy Kumar Ghose
Advocate, Legal Oficer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   If the husband seeks such an order from the court, the Court may or not pass such an order. Mostly court will not pass an Order that you should go to court with your daughter. Unless such an order is passed you need not take your daughter with you coimbatore.
If you area professional and earning you may not get maintenance for yourself but your husband will be required to give maintenance for the daughter.The amount depends on the income of your husband.
R.V.DAGLI
Advocate.
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   He has to come and visit that is possible you have to clearly explain this issue to the court hearing judge.


In case you need any further clarifications contact us at –

M/s. S&P Law Associates
Law Firm at Chennai
Phone & Fax:
Cell:
Email:
Website: www.pathlegal.in



Lawyer Id: E00001795    Talk to this Lawyer                          Click here for free legal advice


   he had to come and visit you need no go there. if you prove that your necessity and negligence then you get the maintenance.
Lawyer Id: E00002340    Talk to this Lawyer                          Click here for free legal advice


   dont worry if the court allows him he will come and visit ur daughter in chennai it depends on the lawyer as ur lawyer is not at all seems good so it is my advise to u that plz concern any good lawyer in ur area
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   if he want to spend the time with his daughter he has to come and see where she is.you dont have to travel with her to the place he suggest.you wont get maintaince because you are a professional but your daughter has the right to get maintaince from her father.ask your lawyer to plead asking him to come to your plkace and visit his daughter. court will surely consider it.if you have any queries feel free to call me will try to guide you

Advocate Jeshma mohandas
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 6 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   As i could not attend the hearing on Dec 1st, I forwarded a doctor\'s certificate subseuqently on 2nd dec..stating \" patient is suffering from viral infection since 28th nov and a rest is advised for a week \". But my advocate says that these certificates are required to be submitted to the court on the date of hearing itself and that he himself had arranged for a doctor\'s certificate and submitted the same to the judge . Now he is asking me to pay him Rs.500 towards teh cost of doctor\'s certificate.

Is it true that the certificate is to be produced to the judge on teh date of hearing? can we predict the sickness? i believe that it is enough if the advocate to inform the judge that his client is sick and will produce the doctor\'s certificate for the same at the earliest. What is your opinion ?


   THERE IS NO REQUIREMENT TO PRODUCE MEDICAL SERTIFICATE IN ANY CASE. DIVORCE AND MAINTENANCE IN THE SAME ARE CIVIL PROCEEDINGS AND ONLY ADVOCATE CAN APPEAR. THERE IS NO RQUIREMENT OF PRODUCTION OF MEDICL CERTIFICATE UNLESS COURT DEMANDS.
2. YES, SICKNESS CAN BE PRESUMED BY THE COURT.
3. YES YOU ARE RIGHT SIR IT IS ENOUGH THAT THE ADVOCATE INFORM THE COURT ABOUT THE SICKNESS OF HIS CLIENT, BUT NO NEED TO PRODUC CERTIFICATE.
YOUR ADVOCATE IS MISGUIDING YOU THERE IS NO SUCH REQUIREMENT TO PRODUCE MEDICL CERTIFICATE.
Lawyer Id: E00003978    Talk to this Lawyer                          Click here for free legal advice


   Yes,the certificate was required tobe submitted on the date of hearing and subsequent cert.has no meaning.Your Advocate by submitting cert.has saved your case from getting adverse order of the court,however,it depends on the stage of the case.Your Advocate could have sought adjournment on that ground and was no need to submit fake cert.Also verify from the court record,whether he had really submitted such a cert.or he is extracting money under that false pretext.
Lawyer Id: E00001736    Talk to this Lawyer                          Click here for free legal advice


   Dear Client if you have no faith in your advocate, if you know the law and procedure then why do you appoint a lawyer. In both civil and criminal case you can proceed and defend yourself by own representation without lawyer with the permission of court. You are asking question in a legal website because you have no faith in your advocate and your word looks you know everything. I expect you will give my comment a dislike but this does not make me scared to comment the truth that you are over educated and omnipotent. Now listen to me carefully. Court will not grant adjournment without any actual cause whenever a party want, court need a particlar specific reason to grant adjournment that is why your lawyer may have informed the court that you are suffering from viral fever and coul not appear and adjournment should be grante. The court also can not believe a lawyer for his word only court need proof of your illness that is why he has shown a medical certificate regarding your illness. It is for your interest. An advocate may have thousands of client if he loses a client like you then he has nothing to lose but he is honest and loyal that is why he has produce medical certificate to safeguard your interest otherwise court court may hear exparte and could have pronounced judgement against you.
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   in our family courts are concerned we need to apply a certicate from doctor ie medical certificate to change the date of hearing.otherwise it will be dismissed.since the family court follows civil procedure code it will dismiss the petition if the party doesnot appear in the court without sufficient reasons.your lawyer has saved you from this and you are criticing him?first try to go through books and understand the procedure to be followed only then criticise.

not only in civil suits even in criminal proceedings party does not attend the court at the time of hearing the case will be dismissed if you dont give necessary reasons for your absence. so generally doctor's certicate is given along with absent petition.

remember lawyers does all these not for their benefit but for the benefits of his client. anyway you should appreciate him for submitting doctor's certificate on your behalf.whatever may be client should believe his lawyer.

if you want ask your lawyer not to submit medical certificate for your absence next time and try to be absent for next date and see what happens to your case.then you will understand it.

if you get time buy a book and read the proceedings.
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 6 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   how come different advocates are coming with different opinions. One adv0cate says that there is no requirement for medical certificate in case of divorce or maintenance case (civil) and the other says that it is absolutely necessary to submit the certificate on the date of hearing ? If i fall sick on the previous day , how is it possible to submit such certificate the next day , especially when i am residing at a different district. I dont really understand . also how to check the court records as to whether the certificate has actually been submitted? please let me know the procedure.



   Yes, you have to present the the medical certificate and petition on the date fixed for hearing. The fact is that if you are habitual adjournment seeker and absentee then the court may not believe you and your lawyer so production of medical becomes necessary. In family court there is actually no right of a lawyer to represent the client unless court has permitted him whether civil or criminal case.
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   dear sir,
information of medical treatmnet is enough under such condition however when asked lateron then it is necessary to submit the same to court. so infact it is not absolutely necesary but required if adjournment is taken on this ground
kusum gupta advocate
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   dear sister vidya
I understand your feeling and you are in process of coming out successfully.
1. every advocate approach differs with experience, involvmentand sincereity
as we go to same destination with different bus, traini or flight
2. Initiall the judge will give the adjournment just like that. when the judge feels after certain adjournment, these are all being made purposely then that time we need to produce some certificate to support our claim.
3. Yes the certificate must be submited before the closing hours of the court on the same to proove our bonafide claim.
4. in the family court not the advocate only party has to come for the appearance. if you are able to come accordingly suitable arrangement to be made.
5. if you see the case bundle avaialble with the court you will find all the document submitted on behalf of you.
please dont exited. be patience to achieve your goal. all the best
Adv.A.P.Loganathan, Madras High Court, Truth Always Wins Avoid Police/Court
Lawyer Id: E00000831    Talk to this Lawyer                          Click here for free legal advice


    if you are asked to appear a day and you dont you must give an absent petition along with medicial certicate that you are not in a position to appear otherwise it will harm your case.sometimes the case will be dismissed or if you are respondent you will be declared expartee.where is your lawyer from?is he from your place otr the place where case is going?whereever he is he has to attend the court on that day.you can submit the medical certificate to him .you can opt anyway to reach him if you want to defend your case properly.if can email him the medical certificate. it take only two miniutes.
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 6 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   Dear Mr.Advocate..i never said that i know everything...when you people are so great and so over educated, then why that you people, having read the same law ( i believe so), come out with differnt opinions and keep confusing the clients...Also for your kind information, every client is valuable and it is not that all advocates have 1000 clients...please dont give such replies and embarass those who post questions..we pay for posting quesitons here..if you do not like my question, please do not take so much pain to reply...we clients are not going to lose anything if advocates like you feel so difficult to clarify our doubts...also please stop suggesting anything rubbish...if i want i can argue myself in the court. Please always have some patience to listen to questions from lay man like us.


   You have every right to clarify your doubts about any law point. For that you need not pay money you can ask free queries. We are here to help every one freely. Every profession needs expertise specially in law profession. You ar getting contradictory answers because every give answers on the basis of their personal experience covering such type of case. Regarding Absent and Adjournment, it is always upon the satisfaction of the court to grant adjournment after initial two or three adjournments. That is why an Advocate needs to produce the document showing the actual cause of the absent of his client. Client also should co-operate a lawyer only then a case can be succeeded.
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   i understand your emotions be cool.each lawyer will have a different view of approaching the question and their suggestions may not be always the same.pleadings of each lawyer will have his own reasonings.here you are given the option to choose answer you need to.if you want to argue in court you can .many persons does so also.but how can you call a suggestion given by a lawyer as rubbish.remember you are not paying all who gives you answer you are paying only the lawyers answer which you press like.when you mention questions mention it clearly.you said i never said i know everything that itself is wrong. you must know than anyone of your case and issue to be raised lawyers are to assist you.call me will try to clarif your doubts
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Family »Posted 6 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Divorce or maintenance case


Divorce or maintenance case   My previous post as follows, was meant only for the Lawyer Id:E00003839 . Others kindly excuse me. I thank all others for their valuable opinions. Those opinions have given me a lot of relief. Thanks a lot once again.

\"Dear Mr.Advocate(E00003839) ..i never said that i know everything...when you people are so great and so over educated, then why that you people, having read the same law ( i believe so), come out with differnt opinions and keep confusing the clients...Also for your kind information, every client is valuable and it is not that all advocates have 1000 clients...please dont give such replies and embarass those who post questions..we pay for posting quesitons here..if you do not like my question, please do not take so much pain to reply...we clients are not going to lose anything if advocates like you feel so difficult to clarify our doubts...also please stop suggesting anything rubbish...if i want i can argue myself in the court. Please always have some patience to listen to questions from lay man like us.\"
An advocate who does not know the value of a client can never be helpful to his own clients..i am sure you wont like all my comments. but sorry i can\'t help it .



   I also appreciate your critical comment. Thanks and Regards. Please co-operate and have faith upon your lawyer, only then a litigation can be succeeded.
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   madam,
A lawyer does not gain anything for telling you wrong proceedings.for the same case in all over india same view is not taken by judges and lawyers.each case has its own findindgs , views etc. the proceedings differ from courts and states too.but hearing proceedings dont differ much. it is according to the judges some doest need medicial certificate to adjourn even though that is the procedure. all the lawyers in the site does not pratice in the same state or court so opinions differ accordingly.take time to read law books and see procedures to be followed first and argue on that basis and not just argue.nobody insisit to take the view you have the option to choose and like which advice you want.
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   Dear Querist,

Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is typically differentiated from mistake of fact. As a legal term of art it is primarily applicable to civil law.

There is a longstanding principle of public policy that "ignorance of the law is no excuse". In criminal cases, a mistake of applicable law is not a recognized defense, though such a mistake may in very rare instances fall under the legal category of "exculpation". In criminal cases a mistake of fact is normally called simply, "mistake".

The aim of the project is to understand the use of mistake of fact as a defence in criminal cases. In doing so, the secondary aim is to analyze both the Sections in the Indian Penal Code that deal with the issue separately and bring out the finer points to be considered while applying these sections with the use of theory, principles and case laws on the point.

The scope of the project is limited to analyzing the Sections 76 and 79 of the Indian Penal Code along with relevant case laws as the defence of Mistake of Fact is covered entirely by the two aforementioned sections. Limited examples of cases from other countries have also been taken in order to clarify certain points but the scope of the project itself does not extend to a comparative study of the law on Mistake of Fact and is mostly limited to India.

Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: ignorantia legis neminem excusat. But mistake of fact is sometimes allowed as valid defense because, although the defendant has committed the actus reus of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea required to constitute the crime.

For example: A defendant goes into a supermarket and places eight items in a basket which is presented to the cashier for payment in the usual way. Both honestly believe that all eight items have been scanned, and the defendant pays the sum shown on the bill. A store detective, however, notices that a mistake was made by the cashier so that only seven items were actually priced. This detective arrests the defendant after leaving the store. Since the defendant honestly believes that he has become the owner of goods in a sale transaction, he cannot form the mens rea for theft (which is usually dishonesty) when he physically removes them from the store. Accordingly, he should be acquitted.

However, in instances where mens rea is not a requirement for a crime, it will not matter if the mistake is honest or reasonable. This concerns strict liability crimes.


Your's:-
Randhir Kumar
AOR- HC.Patna,Bihar
Corres.Off./Res.- Gudri river road, Behind SLH. School, Sitamarhi, Bihar
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