Forum Messages on 3-2-2012

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Re:Direct case filing in high court for eviction

Posted by : Rajaon   02 March 2012


why you want to file directly in hc



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Re:LLB correspondence

Posted by : Gaurav Goyalon   02 March 2012


Yet not got the answer regarding Correspondence LLB......Me too interested in just giving exams of LLB and geting the membership of Bar Council..IS IT POSSIBLE???



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Re:Problem with secretary of apartment owners association...

Posted by : Manjulanathanon   02 March 2012


Mr.V.T.Venkataram sir.. kindly provide me your email address and telephone no. so that I can contact you as I have few queries. Please provide. I greatly appreciate it. I heard that you are one of the best consumer activists, and I want your suggestions in getting a good advocate to file a suit. I need your suggestion. Please provide me your contact information. Please Reply. Manjulanathan.



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Is it true?

Posted by : rajesh tamilon   02 March 2012


the rentals, property tax, water, maintenance, and electricity charges for the actual consumption of the tenanted premises, and for common areas, should be payable by the tenant only, so that the landlord gets the actual rent out of which nothing should be deductible. In case there is enhancement in property tax, water, maintenance, or electricity charges, it should also be borne by the tenant only.



Further, the responsibility of usual maintenance of the premises is on the tenant. However, the onus of major repairs is on the landlord. If any major repairs are required to be carried out, only after obtaining permission from the landlord in writing can they be carried out, and adjustment of the amount spent will have to be worked out between the parties.



 



The court has laid down the conditions so that the deal is fair to both the landlord as well as the tenant, and none is at a disadvantageous position. It has sought to protect the rights and interests of both landlords as well as tenants. The move will stop arbitrary eviction of tenants.



 



At the same time, for tenants, there won’t be any more free lunches. They will be expected to pay the rent according to the prevailing market rate, so that the landlord gets a fair value. These steps will reduce long disputes in courts.



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False ipc 324

Posted by : swagathon   02 March 2012


Can anyone tell how to deisprove an fasle allegation bythe police by sieze a fasle deadly weapon(local sword)



but the complainant does have a small abrasion(Scratch) actually accused didnot hurt him but the complainant only hi him and filed a counter case. police bribed what to do help me out with any citiations to say that the elation of finger print of weapon and the accused or the injury and the weapon used.



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Risk of registering land from gpa's registered land..

Posted by : Rathishon   02 March 2012


Sir,



I am planning buy a 1-acre agriculture land near to chennai...



Details:



The property belongs to person "X" (got from his father and brother through family settlement at Sep-1955)



"X" died at Dec-2000 (Have only one daugther "Y", father death details were conformed through death and legalarship certificate mentioned as only one daughter)



"Y" having two minors ("Y1" and "Y2")



"Y" given GPA to person "A" on June-2006. (without any court order for minor "Y1" and "Y2")



At same time "A" registered the land on his wife name "B" on Aug-2006 (without any court order for minor "Y1" and "Y2")



Now the land is coming for sale from the Party "B", still it is under bank loan (conformed through E.C.)



 



Queries:



1. If i purchase the land from party "B", in future is their any possibility of challenges need to face from minors "Y1" and "Y2", because their is no court order during GPA.



2. Is their possiblity of including any NOC or any other registered document from person "Y" during my registration from person "B"



3. Pls tell me Is their any safe way of registering the land..



Your quick reply is more appreciable..



Regards,



Rathish.G



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Re:Some confusion in relinquishment deed / gift deed

Posted by : A V Vishalon   02 March 2012


Relinquishment deed is a one of the modes of transfer of property. By way of relinquishment deed, one or more join owner can give up/relinquish/release his /their share in a immovable property to one or more joint owners.



The next term which is required to be understood is "transfer". This term is defined specifically under the Income-tax Act but not in any of the Acts mentioned in para 1 above. Although the term "transfer" would be understood in the general sense of conveying or passing or making over the title from one person (the Owner) to another, it is used in a much wider sense under the Income-tax Act. According to the said definition in section 2(47) of I.T.Act, "Transfer" in relation to a capital asset includes:-



sale, exchange or relinquishment of the asset; or



extinguishment of any rights therein; or



compulsory acquisition of the asset under any law; or



conversion of the capital asset into stock-in-trade of one's own business;



transaction u/s. 53 A of the Transfer of Property Act i.e. allowing possession of any immovable property to be taken or retained in part performance of the contract; or



any transaction e.g. by way of becoming a member of a society, company etc. or any agreement or arrangement which transfers or enables enjoyment of the immovable property to another person.



It will be seen that the last part is similar to the definition referred to in section 269 UA of the I.T.Act. In fact, explanation at the end of clause 2(47) clarifies that the meaning of "immovable property" for purposes of (v) & (vi) above will be the same as in section 269UA (d) of the I.T.Act.



As will be seen from the definition above that the first three meanings at (i) to (iii) above refer to the transfer as generally understood. The words Sale, Exchange, Relinquishment or extinquishment are not defined or explained in the Income-Tax Act, but are so explained in the Transfer of Property Act. We may, therefore, see how they are explained in the T.P.Act.



3(D) RELINQUISHMENT



It means extinction of rights or interest in property. It may not amount to transfer of property if it is in favour of a person having interest in property. It amounts to transfer if it is in favour of a person who has no interest in the property.





Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:



Instruments of gift of immovable property.

lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.

Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.



Under Section 2(6) of the Registration Act, 1908 the term "immovable property" includes: "land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass."



Hence registration of relinquishment deed is mandatory.



 



Elements of gifting property



 



Gift is the transfer of certain existing moveable property by one person to another, wherein the transfer is voluntarily and without consideration. The donee must accept the property from the donor. In case the donee dies before acceptance, the gift is void.



 



Elements of gift deed



 



However, there are certain points to kept in mind while gifting/drafting gift deeds.



 



According to Section 122 of the Transfer of Property Act, the essential elements of a gift are: transfer of property, movable property, and absence of consideration, by donor to donee, subject matter of transfer, and acceptance.



 



There cannot be a ‘gift’ without giving or taking, which are two contemporaneous and reciprocal acts that constitute a gift. In order to constitute a valid gift, the pivotal requirement is acceptance thereof. No particular mode of acceptance is required but fact of acceptance can be established by different circumstances such as donee taking a property or being in possession of deed of gift alone. If the donor handles over a document of gift to him after its execution or registration in favour of donee, it amounts to a valid acceptance of gift.

 



 



Rules for minors



Any person who is sui juris can make a gift of his property and be a donor. A minor, being incompetent to contract, is incompetent to transfer, thus a gift by the minor would be void. A natural guardian can accept a gift, on behalf of a minor, containing a condition that the person nominated in the gift deed shall act as a manager of the gifted property. Such acceptance would amount to recognition by the natural guardian of the natural guardian of the nominated person as the manager or the agent of minor for the purchase of such property.



Qualification for gifting



Soundness of mind and majority are important qualifications required for making a gift, and person must make a gift with his free consent to be valid. A minor can be a donee or receptor of the gift. But if the gift is onerous, the obligation cannot be enforced against him while he is a minor. Bu when he attains majority he must either accept or return the gift may be accepted by or on behalf of the donee, who can also be a minor; but the donee must be an ascertainable person.



Items as gifts



 



The subject matter of the gift must exist movable or immovable property, and can be land, goods, or actionable claims. It must be transferable but it cannot be future property. In order to constitue a valid gift, there must be an existing and tangible property. There must be a voluntary transfer of property to another made gratuitously and without consideration.



 



A gift is a transfer without any element of consideration and complete absence of monetary consideration is the main hallmark. Where there is any equivalent of benefit measured in terms of money in respect of a gift, the transaction ceases to be a gift. Love, affection, spiritual benefit and may enter in the intertion of the donor to make a gift.



 



Even when registered instruments make a gift, the same has to be accepted by or on behalf of the donee to make it complete, failing which the gift will be bad. Law requires acceptance of the gift after its execution, though the deed may not be registered. The acceptance may be signified by an overt act such as the actual taking of possession of the property, or such acts by the donee as would in law amount to taking possession of the property, where the property is not capable of physical possession.



 



Delivery of possession is an essential condition for an essential condition for the validity of the gift. However, it is not necessary that in every case there shold be a physical delivery of possession. Possession the delivery of which would complete a gift may be either actual or constructive. But the donor should divest himself completely of all ownership and dominion over the subject of the gift.



 



Gifting immovable property



 



Under Section 123 of Transfer of Property Act, a gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. All documents should be stamped with appropriate non-judicial stamp and be registered as required under the India Registration Act. Mere delivery of possession without a written instrument cannot confer any title as a registered instrument can only make a gift of immovable property. A deed cannot be dispensed with even for a property of small value and attention by two witnesses is required. This provision excludes every other mode of transfer and even if the intended donee is put in possession, a gift of immovable property is invalid without a registered instrument.



 





Revoking of gifts



 



Section 126 of the Transfer of Property Act provides that a gift may be revoked if the following conditions are satisfied - the donor and donee must have agree that the gift shall be suspended or revovked on the happening of a specified event; such event must be one which dose not depend upon the donor’s will; the donor and donee must have agreed to the condition at the time of accepting the gift; and the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.



 



A clause in the gift deed totally prohibiting alienation is void. A gift, which was not based on fraud, undue influence or misrepresentation, and was an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.



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Re:In laws torture

Posted by : Ranee.......on   02 March 2012


Dear Nisha, Your In laws have started already legal isssues.So you have to either join him or give written reply why you dont want to join him.



i think they have taken all your father's hard earned money, jwellery and now want to in be safeside.



File a case of Domestic violence and ask your all those money and jwellery back and live peacefully in your In-laws/husband's house with a protection order to get rid of all those harrassment/cruelty.



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Neither paid nor responding to return the goods

Posted by : Nasaron   02 March 2012


I am in to Gemstone business for the past 8years,i have lodged a complaint against a person,who has collected Rs75k worth of stones from me 16months ago,i have been waiting patiently for the past 16months for him to pay back.Now he has given me a writen document that he would pay me in 10 days.



After 10days neither he has paid nor he is responding to any of my call or the calls from the concerned SI who is inquring this case. 



I have not collected any cheque from the paerson,but i have collected a writen document from the mediator and the buyer.



My question is how to proceed this case further?.



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Re:Declaration of death

Posted by : pratikon   02 March 2012


yes court requires additional evidence court.



 


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Re:Problem with secretary of apartment owners association...

Posted by : Manjulanathanon   02 March 2012


Thanks for your reply. Can you please let me know a good lawyer to handle this issue in Chennai. Kindly help me with this I shall be grateful to you. Please Reply. Manjulanathan.



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Re:Execution of document

Posted by : Gaurav Goyalon   02 March 2012


Dear Madhusudan,



I accept your point, but generally all professional prefer writing dates when hey sing as it creates more reference to their signature. So in that case the last date written will be the execution date..



 



Thanks



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Re:Problem with secretary of apartment owners association...

Posted by : V.T.Venkataramon   02 March 2012


Pleaase send the maitenance amount by registered post. You can complain to registrar of socities or can approach the local civil court. In case of any cut in essentils like water supply, please approach human rights commission. 



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Re:In laws torture

Posted by : Sanjeev on   02 March 2012


its a personal issue no one can advise its your personal decision whether you want to continue with this relation or want to end it.In the interest of child and future first advise is to try and work on resolving the relation through mutual talks with help of some family elders. 



 



if yo think why he filed sec9 , it is clear he might be expecting a 498a from your side and to save from it he might have filed sec9 so forget about the case. I feel forget about the cases first think how you want to proceed. 



 



legal steps wont leed anywhere but would take away peace and lead to endless litigation. if you want to end this relationship work on that course.



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Re:Direct case filing in high court for eviction

Posted by : rajesh tamilon   02 March 2012


Is it possible to file a eviction case directly in chennai high court?



without filing in District civil court?



A tenant who's not paying rent & not vacating the residential house. there is no Agreement.



 The land lord required house for his own use.the age of house is more than 50 years.



The land lord want's to demolish & build new for his & relative use.



Is there is any special judgements in favour of NRI land lords regarding the vacating the tenant?



New Topic :   

Direct case filing in high court for eviction

Posted by : rajesh tamilon   02 March 2012


Is it possible to file a eviction case directly in chennai high court?



without filing in District civil court?



A tenant who's not paying  rent & not vacating the house. there is no Agreement.



the land lord required house for his own use.the age of house is more than 50 years.



the land lord want's to demolish & build new for his & relative use.



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Re:Query regarding marking a court document

Posted by : sridhar pasumarthyon   02 March 2012


Once the document is marked, no discrimination lies in looking into or taking into consideration by the court.



Certainly, you can rely on it and substantiate your case basing on its contents.


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Friday painted black by media

Posted by : Bhavana Deshpandeon   02 March 2012

Some people have such a talent of making best of bad situations that they go round creating bad situations so that they can make best of them. Today's incident is a classic example of one such situation. Police and media have exploited the situation so adroitly that innocent advocates, litigants and judges had to bear the brunt and the blame was thrown squarely at the doorstep of the legal fraternity.The purpose of this article is not to take up cudgels on behalf of the legal fraternity. This is the only profession where the fraternity members have to antagonise their own friends in the heat of the moment of conducting the trial, fight out their cases without fear or favour, and resolve the issues under the able guidance and expertise of Hon'ble Judges and hold on to each other proving the adage 'the real test to friendship (here professionalism) is to have difference of opinion and still hold on to each other'. And another unique aspect of this profession is that this is the only profession the juniors are nurtured and trained by the seniors and after the juniors elevation as reputed advocates of reckoning, they are not viewed as their professional rivals as is the case with other professions. In other professions the rivalry brings in bitterness and here a sense of satisfaction dawns on in the minds of the trainer. Hence one can surely expect that there is a manifestation of certain level of sense of tolerance and mood of accommodation and peaceful co-existence in the minds of the memebrs of the legal fraternity. There is a myth and the members of the legal fraternity are always victims to situations like 'if he or she is a lawyer why we have to entertain him/her as a tenant, why alliance should be sought in a family where one of the members is a lawyer etc.,' Lawyers are the people fight for the recovery of money for the

banks and the banks respect them by not honouring their request for bank loan and credit card. We used to wonder as to why the lawyers and judges are always equated with God. There is a logical explanation for this. The moment relief is granted all specified in the aforesaid category are forgotten. In the present day world, especially in India, the only class of people who have the courage to stand up to injustice, is legal fraternity. That is why lawyers are more resented than rewarded. It is rather unfortunate that the lawyer who takes up the problem of his clients in full vigor has no time for the complaints and grouses of his/her spouse. One may wonder why this preamble for the narration about today's incident. To understand a particular thing, one requires a clear understanding about the whole thing. It is rather shocking that

politicians, so called eminent people and responsible people without

elicitng keeness to go to the bottom of the problem, lap up with

alacrity whatever is fed to them through the media. The media, in the name of providing information to the general public is keen on showing what it wants to be shown to the viewers. What you see in media is not what had actually happened. It is a million dollar question as to whose stage managed show was successfully launched with the assistance of Police and Media today, the Black Friday. The following questions still linger not only on the minds of advocates but also all right thinking people.(a) whether an advocate going to the court will go with his files and

dockets or with arms and ammunitions?(b) Whether the city civil court premises which is otherwise clean, if littered with brickbats and pebbles inside, is it because of missiles being thrown from outside or they were contributed by the refuge

seeking advocates themselves?(c) who is the pawn and who is the manipulator in today's incident? (d) why the media should be supported by the Police (is it because the Police expects that the Media should soft pedal them turning a blind

eye and ear to the many misdeeds of the Police)?(e) when the entire civil court complex was besieged by the police from 11 am to 6pm, whether the media has come up with a comprehensive coverage? (f) where is the justification, that innocent advocates, litigants (old and young, male and female) were thrashed not only outside the Court premises but also inside the Court Hall premises. Even the judges were not spared. The fact finding visits of High Court Judges were treated

with indignity by the Police. (g) whether all people wearing black coats can be termed as advocates and acts and deeds perpetrated by them to be ascribed to real

advocates? (h) who is to give compensation to the hundreds of vehicles (both cars

and two wheelers) deliberately damaged by the Police in the name of lathi charge and controlling the so called unruly behaviour of advocates. (i) if the whole thing is viewed as pre planned by the fraternity members, is the intelligence of the State is so naive not to know about such pre meditated measures? (j) From experience and past incidents, it is common knowledge that everything is not well between advocates and police on one hand and advocates and media on the other. In such a situation why police has not come up reinforcements especially on a day when a very important accused was brought to the court. (k) who gave permission to the police to enter into the court hall premises and beat up people, advocates and judges indiscriminately. It is most unfortunate that the Police has gone to Principal City Civil & Sessions Judges Court Hall and indulged in brutalities. Will it not

amout to utter lawlessness, contempt of court and disrepect to the entire judicial system itself. What is the response of the so called critics, claiming to be the eminent persons, regarding this incident. Our heart really goes to the Hon'ble High Court Judges who have understood the gravity of the situation and without wasting time visited the premises immediately. It is hightime that an independent investigating agency should appraise of the situation and assess the damage caused to persons and property inside the city civil court premises. These images will leave an ineffacious mark on the memory of all the advocates whether it is shown in the media or not.

G. Krishnamurthy & K.S. Krishnan, Advocates.


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Re:Any case where non working wife was declined maintainance??

Posted by : Tajobsindiaon   02 March 2012


@ Author





I hate to put in public forums trail court Orders but to boost your morale I am placing a interesting order just to warm you up in order to make you self search 9 months back posts here where we had robust discussion on asked core question.





Yes there are several superior Court Orders from various States which more or less say so under both Act and Codes as asked in your brief before us. Baas ladaney wala hona chahiye............





There you go as your homework........







IN THE COURT OF MS. MADHU JAIN

ADDL. DISTRICT JUDGE

ROHINI COURT :
DELHI

M No. 28/07



Sh. Neeraj Aggarwal – Petitioner



Vs.



Mrs. Veeka Aggarwal – Respondent



ORDER





1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant/ wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant/ husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of maintenance pendentelite and for litigation expenses.





2.. In the application it is stated that the applicant/ wife has no independent source of income and she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to maintain her. The non-applicant/ husband is working in a private sector as a Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs. 80,000/-pm. He has no other liability and he is not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/ husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her parents, who are having other liabilities also and she has no independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/ husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the applicant/ wife and expenses of proceedings.





3.. The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well qualified graduate Engineer in the field of information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner. It is not denied that the non-applicant/ husband is also a qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed. from a regular college. He is also paying loan premiums and other household expenses. The applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to her by her in-laws and she is not returning to her matrimonial home despite the petition for restitution of conjugal rights filed by the non-applicant/ husband. It is stated that the non-applicant/ husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial home but she has started demanding maintenance sitting in her parental home to feed her greedy parents and selfish relatives instead of returning to her matrimonial home and to assist the non-applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for maintenance only with a view to get the non-applicant/ husband harassed in a criminal court. It is stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain herself as she is a well qualified engineer and is already an earning hand. She is handing over all her income to her parents. She does not require any monastery assistance from the non-applicant/ husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini, Sector-5,
Delhi , bearing A/c No. 61005521399 and several other bank accounts also. She also has some immovable properties in her name. It is denied that she requires Rs. 30,000/- as maintenance and other charges as prayed. It is, therefore, prayed that the application be dismissed with heavy cost.





4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.





5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld. Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife joined the job for some time after the marriage but thereafter due to the marital disputes she is not in a position to pursue her job and has left the same. In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:-



“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”





6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and therefore, the Court should keep in mind that wife is entitled for free legal services also.





7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore, can earn handsome amount by working and there is no need for her to be financially dependent upon her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing arguments on the application it was ordered that the maintenance shall be granted to the wife till the disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is entitled for the maintenance from the date of filing of the application till the disposal of the main petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every case come what may.





8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room.

Announced in
Open Court

Dated : 19.09.2007



New Topic :   

Some confusion in relinquishment deed / gift deed

Posted by : Vikas Nagwanon   02 March 2012


here is the situation... Mr X jointly owns a self acquired property in delhi with his wife (50% share of each)... now he wants to transfer half of HIS Share (1/4th of total) to his wife and remainig half share to his Minor Son....



what is right course of action and why?



A) two relinquishment deeds... one in the favour of his wife and other in favour of his minor son



B) RELINQUISHMENT DEED in favour of wife and GIFT DEED in favour of minor son





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