Recent Forum Messages ( Last 7 days )


New Topic

Franking

Posted by : Atul S Dhoriya   25 April 2018

Which capacity of person should have to sign in franked document.

Replied in :

Property transfer

Posted by : Harish Bhadula   25 April 2018

What is the process and fee to obtain legal heir certificate/mutation.

New Topic

Validity of exparty divorce taken by fraud

Posted by : Tanya   25 April 2018

Hi, I am an NRI My husband filed a divorce petition under the grounds of cruelty and desertion in 2012.He also filed a custody for my girl child (who was living with my mother in India) .He filed a custody case but never came to meet the child .In year 2013 I gave custody of the child to father .He accepted the child in the court but left her outside the court premises stranded.I had no other choices but took my daughter back to my mother's place.Since I am an NRI ,it was gettting difficult form to attend all dates and my daughter was stuck in India.I had to agree to all his terms and conditions like me and my daughter will never ask for any maintaiance and all the cases like DV act will be withdrawn.It was also agreed that my husband will change the divorce petition of cruelty to mutual consent divorce.I withdrew all my cases as agreed in the document within 7 days.However,my husband did not withdrew all cases within 7 days .Rather he took an exparte divorce without disclosing in court about the agreement done in front of the judge.He send me divorce document over email after 3 months when I was already overseas.I had no other choice but to accept his fraud as I also got engtangled with my daughter's and family medical issues.Recently I got to know that he go remarried with his girlfriend with whom he was dating already.I want to know -Can I now appeal for contempt of court after 2 years?Also am I also free of agreement since he has not even obeyed the same?Can I reopen my domestiv violance case as well which I had to close it as per the agreement?Can I ask the court to setaside the divorce decree as he has done fraud with court ?

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Correction of caste in TC

Posted by : Supreeth K   25 April 2018

Transfer certificate?

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Daughter right in property

Posted by : V Subba Reddy T   25 April 2018

i am Hindu , this property purchased by my great grand father in the year 1886. He died in the year 1940(approx). This is house property given to my grand father in oral partation. All my grand father, brothers and sister died. my grand father lived in this house and orally partationed to his sons and died. the property document is in the name of the great grand father. now my father and his brother sold the house without taking
the signature of his sister and my signature.
I am the fourth generation of my great grand father , can I get any share in the house, and
my aunty children have any right on the house

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Online dispute resolution (odr)

Posted by : Bhaven   25 April 2018

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We are quick, cost-effective, efficient, and take disputes very, very seriously, so that you don’t have to. Please visit www.presolv360.com to know more. 


New Topic

Gift deed_society transfer

Posted by : Kishor   25 April 2018

I am 82 yr old. I am a member of a Registered Hsg.Soc. at Borivali, Mumbai. Hsg.Society has adopted Model Bye laws. I have gifted my flat of the said Hsg. Soc. to one of my son in 2011 through a Duly registered Gift deed and stamp duty paid on it. However that time I did not transfer the membership of it at my Hsg. Soc. Now I wish to transfer the membership of said flat in my Hsg. Society. While I proceeded to the Society for transfer, Society demanded the following. 1) The Society is asking me to get the NOC of my other two living children who are my legal heirs. I do not wish to obtain NOC from my other children 2) Society is doubting the Legitibilty of the GIFT DEED saying that Document has become old and get it again validated by the registrar. 2) Society is asking to Pay Premium of Rs.25000/- (as Society has resolved in the AGM to charge Premium of Rs. 25000/- in case of GIFT DEED in blood relations and Transfer fee premium of Rs. 100000/- in case of BUY/SALE of flat in the Society.) Kindly advise on all three points.

New Topic

Property suit -question

Posted by : Rajesh Daniel   25 April 2018

hi
please clarify on the below

party A and B were in a civil suit at a district court. party A had won the case. while case was pending ,party B settles the entire property to his son party C.

if party C tries to initiate a suit in munsif court ,will it be admiited?

if it gets admitted, does this affect party A from filing executin or taking possession of the property.

still not clear how party C was able to get his case admitted.

 


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Mental cruelty by wife

Posted by : Nitish Banka   25 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Getting Divorce on Cruelty

The degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important than proving cruelty than proving it beyond reasonable doubt.

In recent judgement

 

Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental trauma due to conduct of the other.

cruelty

 

The major thing is that there is a breakdown of marriage because of the conduct and its not possible for husband and wife to live together, there should be a continuous atrocities and it should be apart from the normal wear and tear of marriage.

 
The married life should be assessed as a whole and a few isolated instances over certain period will not amount to cruelty. The ill-conduct must be precedent for a fairly lengthy period where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, one party finds it extremely difficult to live with the other party no longer may amount to mental cruelty.

 

Making certain statements on the spur of the moment and expressing certain displeasure about the behavior of elders may not be characterized as cruelty. Mere trivial irritations, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on this ground.

Sustained unjustifiable and reprehensible conduct affecting physical and mental health of the other spouse may lead to mental cruelty.

Therefore for getting divorce on the ground on this ground, whole marriage is to be assessed by the court, remember that the policy of the court is on reconciliation, one or two incidence does not suffice the grounds of cruelty.

By: Nitish Banka

B.E LLB HONS

9891549997


Replied in :

How to prove mental cruelty by wife

Posted by : Nitish Banka   25 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Getting Divorce on Cruelty

The degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important than proving cruelty than proving it beyond reasonable doubt.

In recent judgement

 

Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental trauma due to conduct of the other.

cruelty

 

The major thing is that there is a breakdown of marriage because of the conduct and its not possible for husband and wife to live together, there should be a continuous atrocities and it should be apart from the normal wear and tear of marriage.

 
The married life should be assessed as a whole and a few isolated instances over certain period will not amount to cruelty. The ill-conduct must be precedent for a fairly lengthy period where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, one party finds it extremely difficult to live with the other party no longer may amount to mental cruelty.

 

Making certain statements on the spur of the moment and expressing certain displeasure about the behavior of elders may not be characterized as cruelty. Mere trivial irritations, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on this ground.

Sustained unjustifiable and reprehensible conduct affecting physical and mental health of the other spouse may lead to mental cruelty.

Therefore for getting divorce on the ground on this ground, whole marriage is to be assessed by the court, remember that the policy of the court is on reconciliation, one or two incidence does not suffice the grounds of cruelty.

By: Nitish Banka

B.E LLB HONS

9891549997


Replied in :

Career suggestion

Posted by : Rama chary Rachakonda   25 April 2018

To become Judge in India there are two processes. First is to become a Civil Judge grade-II through qualifying exam, conducted by respective high courts. They invite applications based on their vacancies and conduct exams in multiple centers. The Judges so selected are given Magistrate posts who upon seniority, rise to become civil judge, judicial judge and senior judges. Second process is by selection of senior advocates by the Collegium of Judges. In this process, senior advocates with good reputation are selected without any exams. 
After becoming Judge, a person rises from lower courts to high courts and Supreme court based on seniority, reputation and other parameters like cases solved per month/year etc.


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Correction in uttar pradesh government service records

Posted by : Rama chary Rachakonda   25 April 2018

You can bring the notice to your department commissioner. He will do the needful and suggest you.


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Divorce consent

Posted by : latha   25 April 2018

Please clear my doubts.

very urgent. again my advocate insisting me.


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Correction in name, dob and gender in epf uan data

Posted by : rekha shukla   25 April 2018

Dear sir pls update my mobile number in my una account is 100440844085 mobile number 8076427308

Replied in :

Correction in name, dob and gender in epf uan data

Posted by : rekha shukla   25 April 2018

Dear sir pls update my mobile number in my una account is 100440844085 mobile number 8076427308

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Need help, advise

Posted by : Rama chary Rachakonda   25 April 2018

You can inform to the police through the following website.

http://www.cyberabadpolice.gov.in/other-services/cyber-crime-cell.html


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public sector

Posted by : Rama chary Rachakonda   25 April 2018

Fight for anti corruption. Use modern technology to bring the notice to the Ministers and president of India through facebook, twitter, e-mails,govt. websites like www.pgportal.co.in etc.  It’s not 1999: Use the power of technology to build dynamic and continuous exchanges between key stakeholders: government, citizens, business, civil society groups, media, academia etc. Educated people must not keep quite.


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Please advise

Posted by : Rama chary Rachakonda   25 April 2018

 Dissolution and Termination of a Partnership. A partnership is an unincorporated business owned by two or more people. When the partners decide to no longer do business together, they must dissolve, wind up and terminate thepartnership.


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Please note the my case points wise:

Posted by : pankaj   25 April 2018

need your suggestion.


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Financial services & insurance

Posted by : Jamesolsen   25 April 2018

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You are at liberty to engage our leased facilities into trade programs as well as in signature project(s) such as Aviation, Agriculture, Petroleum, Telecommunication, construction of Dams, Bridges and any other turnkey project(s) etc. Our terms and Conditions are reasonable. 

Leasing Price : 4%+1%
Buying Price: 32%+2%

Contact us for more details on our terms and procedure of transaction.

WALSH SMITH, ROBERT
email : info.iqfinanceplc@gmail.com
skype: cpt_young1



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