Code of civil procedure & voluntary retirement

Athi Vishal HD (Querist) 06 March 2023 This query is : Resolved
Respected Sir/Madam Iam working as Manager in Karnataka State Govt. Since I have serious family issues I applied for VRS. But my wife opposed it and filed OS in family court under Code of civil procedure order 7 of rule 1 & 2 by mentioning me and my office as defendant 1 & 2 praying that direct concerned to not to accept VRS and not to disburse any service benefits. Court has granted temperay injuction order as requested by wife. But as per my knowledge family court has no jurisdiction and power in service matters and it has no power to interfere in my VRS matter. To do job or not is my right. No one can direct me to do job. pl advise me to comeout from this situation. Thanks in advance

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Sudhir Kumar, Advocate (Expert) 06 March 2023
Voluntary retirement is out of jurisdiction of the civil court per-se. Prima-facie your wife had no locus standie.

in divorce matter her claim on your earning is restricted to her maintenance which is not effected much even if your income is converted form salary to pension(+ interest on terminal due)

more detailed views can be expressed on perusal of the order, which may (or may not) be contradictory to above views.

You should challenge the injunction.

P. Venu (Expert) 06 March 2023
Yes, Family Court has no jurisdiction in the matter and the orders/directions issued are non-est in Law. You may approach the High Court under Article 227.

Dr J C Vashista (Expert) 08 March 2023
Unbelievable and fabricated story.

Athi Vishal HD (Querist) 09 March 2023
mr vasista if u not willing or dont know the answer pl just keep quite. u dnt knw how m suffering.

Athi Vishal HD (Querist) 09 March 2023
mr vashista share ur whtasapp no, i vl send court notice lawyer notice received from opposite lawyer.Then u vl knw d truth

P. Venu (Expert) 09 March 2023
What is the Case No? Which Court?

Athi Vishal HD (Querist) 09 March 2023
Respected P Venu Sir, case is trial in Bengaluru

Dr J C Vashista (Expert) 10 March 2023
Mr. Athi Vishal HD,
VRS and family dispute are two different issues tried by different Court / Tribunal.
As stated by you how can a petition under order VII Rule 1 & 2 of the Code of Civil Procedure, 1908 can be applied in VRS or family dispute, which read as under:

Rule 1 Order VII of Code of Civil Procedure 1908 "Particulars to be contained in plaint"

The plaint shall contain the following particulars :-

(a) the name of the Court in which the suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the Court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.

Rule 2 Order VII of Code of Civil Procedure 1908 "In money suits"

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed:

But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for.

*Rule 2A. Where interest is sought in the suit

(1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.

(3) Pleadings shall also state-

(a) the rate at which interest is claimed;

(b) the date from which it is claimed;

(c) the date to which it is calculated;

(d) the total amount of interest claimed to the date of calculation; and

(e) the daily rate at which interest accrues after that date.

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs)
In Order VII, after Rule, insert the following Rule, namely:-

2A. Where interest is sought in the suit

(1) Where the plaintiff seeks interests, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.

(3) Pleadings shall also state-

(a) the rate at which interest is claimed;

(b) the date from which it is claimed;

(c) the date to which it is calculated;

(d) the total amount of interest claimed to the date calculation; and

(e) the daily rate at which interest accrues after the date.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification

No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).
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*Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Rule 3 Order VII of Code of Civil Procedure 1908 "Where the subject-matter of the suit is immovable property"

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.

How your office can be impleaded as "necessary party" to a family dispute, as stated by you ?
There are numerous inconsistencies / flaws in the facts posted by you.
As you have responded to my observation hereinabove, I am least interested to help and oblige you.
If you feel strong for professional consultancy (chargeable) you can have my contact details from my profile.

Athi Vishal HD (Querist) 10 March 2023
Tq vry much respected Vashista Sir, Im very sorry for my words abt u. Im victim of false 498A and suffering from 2013. Most of my quiries interlinked to 498A.

Athi Vishal HD (Querist) 10 March 2023
Court ordered 10 lakhs compensation and 16000 maintenance from date filing of appl under DV act i.e 2013. hav to pay around 18 lakhs to wife. Hence my in-laws in the name my wife filed OS against my VRS.

P. Venu (Expert) 10 March 2023
There are hundreds of Courts in Bangalore. What prevents you from posting the complete and specific information.

Further, the facts posted are less than convincing to any person familiar court matters. You are further complicating the issues by playing hide and seek with the and also, postng misleading information.

Athi Vishal HD (Querist) 10 March 2023
Respected Venu Sir, as alleged by u wt s d use to me for posting of imaginary stories ?. I beliv this platform is just gain/ exchange knwledge. Is mandatory to disclose case no, court etc? I think this against LCI policy. i hav my own life & death problems problems which vl continue even after my death. I vl nt disclose my personal details bcz 1. not mandatory 2. for security reasons

Dr J C Vashista (Expert) 11 March 2023
It is better to post full word instead of using SMS language, where you are saving nothing, but it is properly not understood wt u sy.

You have already engaged / paid an intelligent, able and competent lawyer since 2013 as stated by you, s/he is well aware about facts and circumstances of the case(s), hence why do you need second opinion (on the basis of limited facts) except the fact it is available free of cost ?

Athi Vishal HD (Querist) 11 March 2023
Respected Vashista Sir due to financial crisis i my self leading cases

P. Venu (Expert) 15 March 2023
"due to financial crisis i my self leading cases ........"

We, through the LCI, Have been trying to be helpful to such persons. However, we are helpless if relevant, correct and complete facts are posted.

Anyhow, I am not inclined to offer any further assistance.