Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	The member or rather the Member-deleted posted her complaint and, it seems, she has left. Now the Learned members of the LCI are only debating among themselves. If she is still around, I ask her "What exactly is her husband?" Is he a Mama's boy or a joru ka ghulam? What she should do will very much depend on the attitude of her husband. There is a general complaint that young sons and daughters do not look after their old parents. But there are past middle-aged women, who suffer from oral diarrhoea. Sharp and hurting words will flow in  torrents from their mouths. Such women are difficult to live with. It is terrible for their sons and daughters-in-law to suffer. Don't think that I am a young person, whose wife is suffering from her mother-in-law. I am very old and my parents are dead long, long ago. We have a son, daughter-in-law and grand-children. They live abroad and occasionally visit us in India. I earn enough and we are not a financial burden on my son and family. I have expressed my opinion purely based on seeing other families for very long years.

It not just about money.

I hope you are old enough to understand that much.

Famlies live together, or keep in touch just not for financial reasons.  They do keep in touch for emotional well being.

But like you have explained, children moved out to some other country and you are on your own, the day might not be far where each parent would distance themselves from their children, especially the boys, for the laws of the land favor only women.

Registering FIR; and what if Police refuse to Register FIR

My suggestions to Supreme court/high courts on the issue of long pending sec 138 matters under negotiable instruments Act 1881.

Courts make it mandatory to all sec 138complainants on Inland Leter cards of Post offices, have to send register letter under aknoledgement due;

couriering such notices may fail the case as deliveries cannot be authenticated like by regular indian poatal services;

Post officer need to sell regular post office printed sec/138 Notices as per law and the blanks need to be filled and signed by real constituted atthoriries of complainants or complainant himself;

post offices can such inland letter cards for Rs.100, Rs.1000, and Rs.10,000. if complaint is on cheque less than 1 lac rs.100 valued inland letter card will suffice, similarly for 1 -10 lacs, Rs.1000/-, so too if for cheque values from 10 lacs - 50 lacs, Rs 10,000 letter cards for more than 50 lacs cheues a postal tax @ 1% per lac above of rs 50,lacs cheques; this will augment revenue to postal services  besides frivalous complaints will dwindle;

Similarly, the courts can levy in the same lines as court fees for filing criminal 138 complaints, that will augment court revenues, discourage frivalous complaints;

in case perjeries cout will sent the signatory of complaint, need to undergo one year civiljail in the first instance and second instance 3 years RI that will deter people from lying to courts; besides every such complainant need befined alternatively pay a fine of Rs. 50,000/- first instance, second instance Rs.5 lacs as fine such fines will deter people making false statements as true before courts;

the back log of cases of 138 can be an amnesty by court to withdraw cases, if felt doubtful by complainants, with a minimum penalty of Rs.1000/- for cases less than a year; Rs.10,000 if under 2-5 ; if more than 5 years upto 10 years, Rs1lac and if more than 10 years 138 complaints pending in courts, a flat rate fine of Rs.5 lacs rupees penalty can be levied; this will deter senseless 138 cases and also augmet revenue to funds starved courts to meet additional improvements needed in court adminstration;

similarly the courts can imaginatively fine in all kinds of criminal cases;

if ppublic servants are involved infiling sec 138 cases, they also can be fined as stated above

in administration of justice, deterrance on false case filings will drastically cut down irrelevant and bad cases;

i may be wrong subject to fellow professionals ideas on deterance on lying and / or harassment cases! thanks adv dr g balakrishnan, bombay high court 

Hellow friends, we have seen the land construction in Poorgrast vasahat in pune. The owner would like to sell the same. Is it possible him to sell the poorgrast alloted land or construction and also can we buy the same? If yes, what document we need to check with him to proceed further. Is there is any harm to purchase such property? Pls. advice urgently.

Principle of Utmost Good Faith applies in insurance. All statements of the Proposer/Life to be insured are believed to be correct.

The age declared in Voter Card of deceased should be correct.

Voter Card is given if standard age proof e.g. Passport, Pan card, Matriculation certificate etc is not available.

Voter ID card is not standard age proof. Insurance companies which accept Voter ID card as Non Standard proof of age levy a charge (as a % of Sum Assured) and add in premium.

Once accepted as a proof of age company shall proceed to issue the policy.

Company must have mentioned voter ID card in column for Age/DOB Proof in policy schedule and must have supplied copy of proposal form in policy pack.

Insurance Policy once issued becomes a contract.

If policy was issued company should pay.

If company has refuted the claim in writing, approach a competent and experienced lawyer specializing in consumer cases especially life insurance, show all docs including original Voter ID card and proceed under expert advice of your lawyer.

You have the option of lodging grievance under Grievance Redressal Mechanism guidelines issued by IRDA, and to approach IRDA, DCDRF……….

You may also relate the incidences with guidelines in Regulation of Protection of Policy Holders Interest.

Following documents in cheque cases come from custody of the complainant and hence every possibility that they are doctored.

1) Postal ack card.

2) copy of the notice.

AS A RULE THE SAME CAN BE PROVED AS FORGED, FABRICATED AND ACCUSED CAN GET RELIEF VERY EASILY.

You stop paying EMI.

Bank will see if you pay or not for a couple of months and take over the said property.

She will be on road, or else she has to pay that EMI if she wants to continue staying there, as she is the second applicant.

As second applicant, she can also move court if the bank people forcefully try to evacuate the said property.

Dear Experts,

My wife and myself filed for divorce by mutual consent in Feb 2012. She backed out after I paid her close to 30 lakh rupees which came from proceeds of a flat that we sold. This amount was partially in cash (approx. 18 lakhs) and rest in the form of DDs on her name. Out of goodwill and because my little son is staying with her, I am also paying the EMI (approx. 40000 per month) of the flat in which she is currently staying. I am staying separately in other locality and paying my rent as well.

I filed contested divorce case and mentioned all moneys that I have paid to her including the EMI that I am still paying. To my utter dismay, she is refusing to acknowledge the 30 lakhs that I paid to her. On top of that she lied to the court on so many events that happened during our staying together.

Due to her blatant lies, I no longer want to pay the EMI on the loan of the flat she is staying in. I talked to the bank and they say if I stop paying the EMI, I will become loan defaulter. The bank also said that it is only by 2^nd applicant’s consent that the loan can be transferred on her name. Though well qualified and with work experience in IT sector, she is currently not working.

The flat is on her name only – single ownership. The home-loan of that flat is on my name and she is joint (second) applicant.

My question, to you experts is, what is the best way to stop paying the EMI of the loan? My main priority is to stop the EMI payment asap. Could you please guide me on this? If I stop the EMI, would the court take it in bad light against me during the trial?

Best Regards,

Yours truly.

It is technically wrong to say "her mother framed charges".  Framing of chargesheet is done by magistrate after the police submit their Chargesheet to the magistrate.  From the chargesheet submitted to magistrate, the magistrate can modify the chargesheet and delete some charges or entirely discharge the accused saying no case is made out against accused based on evidences or modify the charges into the charges that he finds meaningful.  When magistrate finalizes chargesheet it is called Framing of chargesheet.  After chargesheet he will readout charges to the accused and questions him, "are you pleading guilty of these charges that you are accused of".  You should say, "I am not guilty" if you want to fight out the case which is normally done.  If you plead guilty, magistrate will convict you then and there itself.  Hence at that time, you should say "I am not guilty I want to rebut these charges". 

It is better you file under S.482 Cr.PC because charges against you are appearing frivolous.  Consult your lawyer for this.

99% there is no possibility of any maintenance/alimony being awarded to her because her salary is more than your salary.

if u dont attend, the case will be dissmissed for detault.

u can also file a pursis in the court stating that u want to withdraw the case.

u have both these options

PS : i m not expert on Muslim Personal Law.

Dear All, I have a row house in a cooperative housing society in Pune registered in MCS 1960. The row house has a compound wall & has an entry gate from the front. However I want to get a small gate in the wall behind the house. This will help my aged mother to move easily inside the society. 

Question: Can I do this? If yes, what steps should I follow legally? What if the society serves notices to stop the work?

Appreciate your reply

Thanks a lot sir for your suggestion .

She has filed no-fault divorce here in US  based on the ground of marriage arbitrary broken... She initally promised on no maintenance and to give one child to me .. I am not sure if she will change her stand ..

If that is the case I have to take a decision whether to file contested divorce in India or continue it here .. As contested divorce in US can also go for one year and would be very expensive consideringa ttorney fees etc .. however I have the choice to go back to India at any point and ex party divorce in US is not valid in Inida .....

With time I will come to know more about the same .

Thanks a lot

Best Regards

Rohit Paul

Aur Raanee .......this is a golden opportunity for you to adopt a new FIL to change his point of view . Let him have a glimpse of other side of coin as well . May god shower plenty of "Dirrhoea blessings" on him ::) 

I'm earning 42,000 per month. I stay in rented house and below are the split of monthly expenses.

House Rent: 11,000

Personal Loan: 9,000

Credit card expenses (EMI) : 3,000

Mother medical expenses: 2000

Broadband, mobile, electricity bill and others: 5,000

Income = 42,000

- expenditure

1.  11,000/- produce rent agreement/bills

2.  9,000/- produce documents

3.  5,000/- cc+medical exp

4.  5,000/- misc exp

==========================

12,000/- take home income [on this they will calculate how much alimony should be awarded]

Wife also drawing 10,000/- and working woman = no need to pay alimony.

BTW, how much is she asking in lumpsum?  And what are the reasons which she is stating to ask lumpsum money?

.You can file but DON'T FILE!

DV FOR GALI IN PHONE ONLY??

when you file complaint you need to be correct in all particulars. see in a case by industrial development corpotion in maharashtra filed two complaints on  notices u/s sec 138, relying on a postal ack receipt card woth post offce seal of a particular date. Affidavit also filed by complainant as also by EOW wing of mumbai police commissioner. the caseswere filed in 2004 in metropolitan magistrates courts, the went to sessions as complainant/prosection wanted custody of accused, accused was in jail in 2006 and got bail from hgh court, got conditional bail , highcourt did not give opinion on merits of the case.

then bail is effective .

problem is why a sec 138 case take 10+ years, case was referred to me in 2012 , then after detailed legal research on factuality of facts and alication of all laws, even though there was EOW investigation relying on some documents but i suspected some where some foul play on facts, as the matter lingers long by several adjournments complainant or prosecuton getting without sensible reasons or no reasons, i issued legal noticeto postal authorities to confirm whaether acknowledgement cards filed as proof of delivery, the postal authorities informed  after their investigation at rlevant post officer, that the ack card zerox i attached from the complainants file in court, theacknowledgement card is doubtful and postal seals affixed does not belong to relevant post office in question, this reveal perjury of complainant before courts; besides prosecution after investigation also lied.

the complaints will be dismissed soon in a month or so. but it took unnecessary clear 10 years damaging reputation of accused, besides destrying his earning abilitiies as he cannot take up any productive jobs, as bail conditions made himappear before police or before courts concerned, a clear miscarriage of justice.

So it is clear that even if the 138 notice if sent by regular envelops what is the guarantee that the complaint really mailed the 138 notice by stiffing in the envelop and hence the envelops containg 138 notices can contain some other communications. so indeed 138/notice letters in envelopes too are dobtful and questinable;

coming back further, courier documents under sec 138 also will be doubtful; so only registered postalack is sensible maiing if mailed in registered inland letter covers which will carry all relevant particulars.

now  i sent perjury notice to complainant of sec.138 notice with severe ramification to visit upon Art .12 institution which perpetrated. so complainant essentially be very careful while filing genuine case under 138, else he runs the risk of court dismissing his case.

complainants cannot be casual in their approaches on sec 138 Notices under negotiable instrumens Act. please;

true erros can be corrected wiithin a reasonable time with the permission of court if genuineness of error is preceded by complainant's Affidavit of error, as no complainant can be trusted on face value is my view! sorry 

Mr Janaani , I think you haven't experienced a sh*t-mouth DIL in your house yet. . May god bless you with that ASAP , then we'll ask you about your feelings :) 

thanks you all  for you r kind and valuable comments. i recently came to one SC judgment that is 1993 CRI. L. J. 2930 (SUPREME COURT)-CHAND DHAWAN VS. JAWAHARLAL DHAWAN in which it is held that divorced wife can't clami maintenance u/s 18 of HAMA 1956 it can be given to her under the provosions of Hindu Marriage act 1955 and courts are not at liberty to interchacge the codified laws. Following the above law Bombay HC has also given its verdict in AIR 2001 BOMBAY 445 – PANDITRAO  CHIMAJI  KALURE VS. GAYABAI