Tanmay
25 February 2013 at 08:41
Hello all,
My wife has filed 498a and DV on our family. We approached them for settlement after fighting these cases for one year. They are asking for a property which is jointly by me and my wife. I am ready
to give the site. I am ready to give the site. But how do I make the process fool proof and ensure that I am safe.
I am planning to follow the below mentioned process. Not sure if it is good enough. After 498a and DV it becomes
difficult to trust them for anything.
1. Planning to tell them to apply for divorce. I understand that will be simpler compared to me applying for divorce. Even if they go back on their words it is fine for me. Otherwise I have to
provide justification for why I have applied for divorce. I am not interested in MCD as they may go back on their words.
2. Once divorce is applied, it will be referred to mediation centre and then the terms and conditions will be decided there. In that I am planning to tell them to withdraw the cases before going for divorce hearing.
3. I am planning to give the rights on the property as part of divorce decree. For that what is the simplest way to do.
I am planning to get the khata transfer done. If I do that before divorce is it a good idea. I will never go back on
my words, but will they is the question. So I want to be safe.
Are there any specific clauses that I need to include as part of the agreement or terms and conditions of divorce.
Please do provide guidance on the same.
Regards,
Tanmay
Hitesh A Shah
21 February 2013 at 12:58
Hi
My wife had left me on December 8, 2011 and in february 2012 she had filed for interim maintenance and permanent maintenance. me and my parents have told her ten times to return home The basic reason she has left me is my illness. As per her there are some small lesion in my brain and spine which needs to be operated. However the surgery is risky and hence i am doing alternate theraphy and i am also improving. The same facts were also produced before the family court that i am improving and she has deserted me in my illness.
For claiming the maintenence she has made false allegations that she has problem from in laws and sister in law.
She is yet to produce the evidence. But even then Court has ordered to pay Rs. 7000 p m as interim maintenance pending disposal of permanent maintenance. She do not want to take divorce neither do i.
However i do not want her to pay even a single penny as she has deserted me in my illness. She yet to produce evidence in the court.
Pls tell what should i do in such crcumsatnces (i) will the order held void if she is not able to produce evidence and hence i will not have to give her this maintenance (ii) Can i file restitution of conjugal rights (iii) Can i appeal for a review petition in the same family court before the same judge (as i am not in position to give her this much amount per month) my monthly average salary is Rs 53,000 but her lawyer has faslely misled the court that my salary is Rs 68,000 p m by showing last year's return which showed my annual income of Rs. 687000 (iii) Can i appeal in the higher court (if i can then waht is the time limit by which i can appeal and what is the procedure for that).
amrit
14 February 2013 at 17:14
Hi sirs,
I need Madras High Court Judgment in Khaja Mohammad nooruddin vs khaja Mohammad farudin AIR 2010 NOC 438 (MAD).
Hoping for prompt reply to this message or at samra2802@gmail.com
Please dont reply readymade answers such as search on indiankanoon, lawmirror etc. etc. i am myself an expert and i have ransacked all those sited as well as lot of internet. but i could not lay my hand on this judgment.
pls help if anybody can!!!!!!!!!!
Anonymous
27 October 2011 at 23:53
what is the responsibility of one son to maintain parents if the parents have gifted the property to the other son
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Noise and sound pollution
Respected Experts, I purchased a flat two months back, which is a corner upper ground floor flat. As the flat is on the opposite side of the road, therefore, there is a 25 Ft. empty space left by the builder between boundry wall and the flats facing the boundry wall and the balconies of these flats face this empty space or green belt for only fresh air inlet-outlet. but now the president of the society has ordered two 125 KVA gen sets installed on this empty space. which are within 20 ft from my bedrooms and 15 ft from balcony. the exhausts are facing my bedrooms. the president of the society says that this land is common land and can be utilised for public purposes, whereas, i think the place falls under limited common land as per the punjab property and apartment rules 1995. even otherwise, the gen sets are used for street lighting and other public utilities and are on when there is power cut, as such, i can't sleep in my own house due to noise and it is also hazardous due to air pollution with diesel combustion.
please suggest what legal options I have. I have reported the matter to SDM, MC, Pollution control board, Forest dept for illegally cutting of trees from this space etc. but I know there shall be no action on complaints as usual because this is punjab.
hence, I want to move to the Hon'ble High Court, but prior to that I want to be fully armed with the legal provisions and know my legal rights. please guide me.
thanks,
samra