Format of Exemption or Adjournment

In The Court of Sh_________________________________________Court Delhi

In Re:

_______                                                                      Applicant/Complainant

                                                Vs.

__________                                                                Non-Applicant/Accused

Application on Behalf of Exemption From Personal Appearance of Complainant/Applicant ____________

Most Respectfully Showeth:

1.      That abovementioned matter is pending adjudication before this Hon’ble Court and fixed for today.

2.      That applicant is the complainant in the present matter and he had to appear before Hon’ble Court but due to his ill health, if wouldn’t be possible for him to appear before Hon’ble Court today Hence present application.

3.      That reason of absence of applicant is neither willfull nor deliberate, but all because of said reason only.

PRAYER:

It is, therefore most respectfully prayed before this Hon’ble Court that applicant may be granted exemption from his personal appearance only for today so as to be the same in the interest of justice.

It is prayed accordingly.

Date:                                                                           (Applicant)

Place:                           Through

                                                                        Counsel for Complainant

Hindu Marriage Act 1955- Divorce - Cruelty - desertion

                                                Hindu Marriage Act 1955

Sec-13 Divorce

1(1a) has, after the solemnization of the marriage treated the petitioner with cruelty: or

1(1b)has, deserted the petitioner for a continuous period of not less then two years immediately proceeding the presentation of the petition:

Cruelties are dangerous to life, limb or health. Cruelty may be physical or mental

Matrimonial duties and obligation Shoba Rani Vs. MadhukerReddy 1988 1 SCC 105: AIR 1988 SC 121: 1 SCJ 307

Mental Cruelty cannot be constituted by normal domestic quarrels Yashoda bai Vs K B Kalawkar AIR 1992 Kant 368

Burdon of proof of alleged cruelty as a ground for divorce lies on the petitioner N C Dastane Vs. S Dastane AIR 1975 SC 1534.

Cruelty in Matrimonial field may arise out of subtle and brutal variety of infinite modes like words, gestures, conduct, violence, Non violence, even silence Jagdish Mitter Vs Juna Saini 1978 HLR 304.

Even Refusal to have sexual intercourse with the spouse amounts to cruelty Sunil Kumar Vs Usha AIR 1994 MP 1 AT 3.

Refusal to attend domestic work etc, Cannot be in the ordinary circumstances an instance of Cruelty either mental of physical Smt Krishna Banargee Vs Bhanu Bikash Bandyopadhyay AIR 2001 Cal 154

Husband did not prosecute easier divorce petition on assurance of good behavior by wife by her parents and relatives, even the wife continued her hostility   and misbehaved towards her husband, husband was entitled to decree for divorce Abha Agarwal Vs Sunil Agarwal AIR 200 All 377

Where criminal case was instituted by wife against her husband and accused persons were discharged on ground of territorial jurisdiction by the court and action was not pursued further by wife, and the wife refused to cook food and insulted husband in presence of his relations which proved that she did not wanted live with her husband, decree of divorce was granted Rukmanidevi vs Badri Narain, 1 (2002) DMC 552 (DB) (Raj).

DESERTION

Desertion is the forsaking and abandonment of one spouse by the other without reasonable cause and without consent of against the with of the other, it may furnish ground for the relief of granting divorce, is a factum of separation and the intention to bring cohabitation permanently to an end animus deserendi Smt Laxmi Mallik Vs Mayadhar Mallic. 1 (2002) DMC 172 (DB) (ori)

Decree of Divorce on the Ground of desertion connot be passed where the spouse is living separately because of his or her job or without any intention bring matrimonial relationship to an end Indra Vs S K Gagle AIR 1993 MP 59: 1993 Marri LJ 323.

Animus Deserendi- In case of desertion where the respondent wife left her matrimonial home and preferred to live with her parents, The Husband made all attempts to bring her back but failed and their relationship got sour on account of unreasonable demand and desire of wife and her father that husband should live with them as Ghar Jamaee here divorce could be granted Gajendra Vs Madhu mati AIR 2001 MP 299

Hindu Marriage Act 1955- Divorce - Cruelty - desertion

                                                Hindu Marriage Act 1955

Sec-13 Divorce

1(1a) has, after the solemnization of the marriage treated the petitioner with cruelty: or

1(1b)has, deserted the petitioner for a continuous period of not less then two years immediately proceeding the presentation of the petition:

Cruelties are dangerous to life, limb or health. Cruelty may be physical or mental

Matrimonial duties and obligation Shoba Rani Vs. MadhukerReddy 1988 1 SCC 105: AIR 1988 SC 121: 1 SCJ 307

Mental Cruelty cannot be constituted by normal domestic quarrels Yashoda bai Vs K B Kalawkar AIR 1992 Kant 368

Burdon of proof of alleged cruelty as a ground for divorce lies on the petitioner N C Dastane Vs. S Dastane AIR 1975 SC 1534.

Cruelty in Matrimonial field may arise out of subtle and brutal variety of infinite modes like words, gestures, conduct, violence, Non violence, even silence Jagdish Mitter Vs Juna Saini 1978 HLR 304.

Even Refusal to have sexual intercourse with the spouse amounts to cruelty Sunil Kumar Vs Usha AIR 1994 MP 1 AT 3.

Refusal to attend domestic work etc, Cannot be in the ordinary circumstances an instance of Cruelty either mental of physical Smt Krishna Banargee Vs Bhanu Bikash Bandyopadhyay AIR 2001 Cal 154

Husband did not prosecute easier divorce petition on assurance of good behavior by wife by her parents and relatives, even the wife continued her hostility   and misbehaved towards her husband, husband was entitled to decree for divorce Abha Agarwal Vs Sunil Agarwal AIR 200 All 377

Where criminal case was instituted by wife against her husband and accused persons were discharged on ground of territorial jurisdiction by the court and action was not pursued further by wife, and the wife refused to cook food and insulted husband in presence of his relations which proved that she did not wanted live with her husband, decree of divorce was granted Rukmanidevi vs Badri Narain, 1 (2002) DMC 552 (DB) (Raj).

DESERTION

Desertion is the forsaking and abandonment of one spouse by the other without reasonable cause and without consent of against the with of the other, it may furnish ground for the relief of granting divorce, is a factum of separation and the intention to bring cohabitation permanently to an end animus deserendi Smt Laxmi Mallik Vs Mayadhar Mallic. 1 (2002) DMC 172 (DB) (ori)

Decree of Divorce on the Ground of desertion connot be passed where the spouse is living separately because of his or her job or without any intention bring matrimonial relationship to an end Indra Vs S K Gagle AIR 1993 MP 59: 1993 Marri LJ 323.

Animus Deserendi- In case of desertion where the respondent wife left her matrimonial home and preferred to live with her parents, The Husband made all attempts to bring her back but failed and their relationship got sour on account of unreasonable demand and desire of wife and her father that husband should live with them as Ghar Jamaee here divorce could be granted Gajendra Vs Madhu mati AIR 2001 MP 299

Format of GENERAL POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY




This General power of attorney is executed at Delhi on this 1st day of Oct. 2002 by shri

Brijesh Tomer son of shri H. S. Tomer R/O 1/10050/C, West Gorakh Park, Shahdara, Delhi-32, here in after called the executant in favour of shri Madan Singh son of Late shri Munshi Ram R/O Khasra No. 290, Ambedkar Basti, Village Ghonda, Near Primary School, Delhi. here in after called the lawful General Attorney.



Whereas the executant is the actual owner and in position of built up property measuring area

73.3 sq. yds. bearing No. , consisting of two room, kitchen, bathroom, and boundry walls etc. out of Khasra No. 290, situated at Village Ghonda, in the abadi of Ambedkar Basti, Near Primary School, Illaqa Shahdara, Delhi. and bounded as under: -



East: - Property of others

West: - Gali 6 Ft.

North: - Property of others

South: - Property of others



For performance of certain duties and formalties I do hereby nominate constitute and apoint the said General Attorney to do the acts and things in my name and on my behalf.


Page – 2






The above said attorney is irrevocable.



To appoint further attorney to any one on my behalf.



To appoint on arbitrator on the said plot.



To appoint any advocate or pleader in any case at any court on my behalf.



To built the house on the above said land, to make further construction and to apply for house tax, electric water on my behalf.



To take any compensation about the said land/property from the Govt. on my behalf.



To file all kinds of application, affidavits, in any case at any court on my behalf and under his own signatures.



To take no-objection certificate from the office of the DDA on my behalf.



To receive the earnest money, consideration amount, execute the receipt before the sub-registrar concerned, admit the execution deliver the possession of the said plot of land to any on my behalf and under his own signetures.



To apply for the sale permission, no-objection certificate from the concerned office or other concerned offices for the above said plot of land/property on my behalf.



In witness whereof the executant has signed this deed on the day, month and year first above written.



WITNESS :



1.





EXECUTANT



2.

Hindu Marriege Act-1955

Hindu Marriage Act 1955




Sec-13 Divorce



1(1a) has, after the solemnization of the marriage treated the petitioner with cruelty: or



1(1b)has, deserted the petitioner for a continuous period of not less then two years immediately proceeding the presentation of the petition:



Cruelties are dangerous to life, limb or health. Cruelty may be physical or mental



Matrimonial duties and obligation Shoba Rani Vs. MadhukerReddy 1988 1 SCC 105: AIR 1988 SC 121: 1 SCJ 307



Mental Cruelty cannot be constituted by normal domestic quarrels Yashoda bai Vs K B Kalawkar AIR 1992 Kant 368



Burdon of proof of alleged cruelty as a ground for divorce lies on the petitioner N C Dastane Vs. S Dastane AIR 1975 SC 1534.



Cruelty in Matrimonial field may arise out of subtle and brutal variety of infinite modes like words, gestures, conduct, violence, Non violence, even silence Jagdish Mitter Vs Juna Saini 1978 HLR 304.



Even Refusal to have sexual intercourse with the spouse amounts to cruelty Sunil Kumar Vs Usha AIR 1994 MP 1 AT 3.



Refusal to attend domestic work etc, Cannot be in the ordinary circumstances an instance of Cruelty either mental of physical Smt Krishna Banargee Vs Bhanu Bikash Bandyopadhyay AIR 2001 Cal 154



Husband did not prosecute easier divorce petition on assurance of good behavior by wife by her parents and relatives, even the wife continued her hostility and misbehaved towards her husband, husband was entitled to decree for divorce Abha Agarwal Vs Sunil Agarwal AIR 200 All 377





Where criminal case was instituted by wife against her husband and accused persons were discharged on ground of territorial jurisdiction by the court and action was not pursued further by wife, and the wife refused to cook food and insulted husband in presence of his relations which proved that she did not wanted live with her husband, decree of divorce was granted Rukmanidevi vs Badri Narain, 1 (2002) DMC 552 (DB) (Raj).








 Very General Ground For Divorce from boys side

DESERTION



Desertion is the forsaking and abandonment of one spouse by the other without reasonable cause and without consent of against the with of the other, it may furnish ground for the relief of granting divorce, is a factum of separation and the intention to bring cohabitation permanently to an end animus deserendi Smt Laxmi Mallik Vs Mayadhar Mallic. 1 (2002) DMC 172 (DB) (ori)



Decree of Divorce on the Ground of desertion connot be passed where the spouse is living separately because of his or her job or without any intention bring matrimonial relationship to an end Indra Vs S K Gagle AIR 1993 MP 59: 1993 Marri LJ 323.



Animus Deserendi- In case of desertion where the respondent wife left her matrimonial home and preferred to live with her parents, The Husband made all attempts to bring her back but failed and their relationship got sour on account of unreasonable demand and desire of wife and her father that husband should live with them as Ghar Jamaee here divorce could be granted Gajendra Vs Madhu mati AIR 2001 MP 299

happy teachers day to all...!

APPLICATION U/O 7 RULE 11 C.P.C

APPLICATION U/O 7 RULE 11 C.P.C FILED BY THE

MANAGEMENT ON THE LAST DATE OF HEARING

Most Respectfully Showeth:-

1. That the first para is the matter of record.

2. That the second para is wrong and denied. It is denied that the said LCA is without any cause of action against the management, hence the same is liable to be rejected under the mandatory provisions of Order 7 rule 11 C.P.C. The rest of the para is ambiguous. It is submitted that there is very much cause of action against the management, hence LCA is very much maintainable.

3. It is a matter of record, however it is submitted that a case was registered against the petitioner wide FIR No. ..... U/S ...... IPC in P.S. ........... in which the petitioner was acquitted by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi on dated 03-08-09.

4. The application is wrong and denied. It is denied that mere acquittal of workman in criminal court does not itself give rise to any cause of action to the workman against the management. It is further denied that his acquittal does not allow him any benefit in the independent department inquiry. It is further denied that the awarded punishment attained finality in the eyes of Law, unless the same is set aside by the Hon’ble Court. It is submitted that the acquittal of the petitioner shows that the petitioner was not guilty of wrong act and departmental enquiry cannot sustain.

5. That it is wrong as stated by the applicant. It is wrong and denied that the acquittal of the workman is of no consequence and the punishment awarded by the management stands legally valid. It is submitted that when the petitioner was not held guilty by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi, then the management cannot hold the petitioner guilty of its own.

PRAYER

It is therefore prayed that the application of the applicant be dismissed with cost.

Date:

Place: Though Counsel