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DIPAK KUMAR GUPTA   24 August 2009 at 11:52


Respected Sir ,

My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.

For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.

In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.

Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .

Now , four cases are pending as follws :

1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed

2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .

3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.

4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .

Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .

So , I want to give back all her belongings which are occupying at my flat.

I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.

After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.

I did my best for purchase of peace but I I found no remeady.

Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .

For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.

Please suggest me what should be the proper way to return her sridhan.

Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.

May I hope to get much expected reply .

M.S.Chandra Shekar   24 August 2009 at 11:23

Weak Implementation of RTI Act

A information submitted under a Appeal to a Chief Information Commissioner under RTI was proved false, as the same government department made a different statement regarding the same information before a court of law.

This was brought to the notice of the Chief Information Commissioner and was asked to take discplinary action against the government department for submitting false information. But to my utter surprise the Chief Information Commisisoner remains silent and doesn't take any action. This shows that he is either biased / acting in cowhardish way.

RTI Act has become a safe haven for government deparments to submit incorrect information in a casual way, completely being aware that the CIC will not implement penal provisions of the Act. People are forced to throng to the Court of Law for necessary information.

What remedies are available against the Chief Information Commissioner for not acting on my complaint about the incorect information / perjury committed by the govt. department as in this case?

manish   24 August 2009 at 09:50

punishment under section 143(2) of IT tax act

Thank you very much for providing information

one more thing i want to ask , whether they will send any notice or something like that to employeer if they found any fault (Worng information given for deductions) in Form 16.

with warm regards

raj   24 August 2009 at 01:09

lok adalat award-change of circumstances

hello sir/madam
i am a medical practitioner and me and my wife got divorce by lokadalat.we had a female child at the time of award aged 9 years[now 13 years].My wife taken the guardianship of the child by lok adalat award.Afterwards,the child due to ill treatment of her and second husband,escaped from thier custody and reached me[through police].since then i am keeping the child with me and looking after her education and all.My es wife know all this and she now and then visits the child.The child is safe and happy with me.After 4 years from date of lokadalat award,my ex wife filed an EP against me for keeping the child against the award.My child dont want to go with her mother and wish to stay with me.I aapeared for EP AND MENTIONED THE CHANGED CIRCUMSTANCES.But the hounourable court told me to follow the award or i will be sent to civil prision.The orders of the honourable court is awaiting.But i want to protect my child.What can i do to avoid this?

Ranganath   24 August 2009 at 00:35

Appreciation of defense evidence

Ld counsels,

What is the evidentiary value of defence evidence in a criminal case.

When is the right time for the evidence given by defense/accused side duly appreciated. Given that police filed charge sheet..

Now farming of charges is pending. will the court appreciate the evidence given by defense and dismiss the case of merits accepting the defense evidence.

Pls clarify. Pls let me know if there were any judgement available.

Rajesh Rathod   23 August 2009 at 22:45

Need Civil & Revenue Law for Rajasthan state

Hello Friends.

I need Civil & Revenue Act (Local Act) of rajasthan.

I will greatly appreciate any form of document for the same. I need it on urgent basis.

Thanks in advance.

Member (Account Deleted)   23 August 2009 at 22:24


In case u/s 12 of PWDVA there are three accused. the Husband his sister and sister's husband.
Under what section an application for exemption from personal appearence shall be filed and before which court? The Ld. 1ST CLASS JM where the case is pending or CJM ?

Rajath Chandran   23 August 2009 at 21:56

Dispute in sharing of Expenses for undivided shares (Apartme

Dear Experts,

Thanking you for your clarification on my earlier query on parking area for apartments.
Further to this, I need your advice on the following scenario:

I had purchased the 2nd floor of a two storied residential building in 2007 and had rented it out.
The 1st Floor of the building was bought and occupied by another person in 2008 and the ground floor is occupied by the original builder.
The builder had sold off the 1st and 2nd floors in 1998 and in 2003.

The building is located on 8 cents with ample space for car parking. The 1st and 2nd floors(we) have 1/5th undivided share each of 8 cents.
There is an pre-existing agreement with the builder/ground floor owner that the common expenses including the water bills shall be shared in a ration of 40:30:30 respectively by the ground floor, 1st and 2nd floors.
The ratio is higher for the ground floor since there is an additional space to the ground floor which has been let out.

The builder has in addition made a temporary construction on the roof of the building, which has been rented out. We ignored this because it didn’t seem worth making an issue when things are otherwise alright.

Things went on fine till recently we received a statement with exceedingly high water tariff and infact for the first time the water bill was attached. Till recently we had been paying whatever the amount the builder showed in the statement.

On verification, we found that the water facility in our building was being shared with the new building constructed adjacent to us by the builder without our knowledge.
In total we (2 households) were expected to pay 60% of the total water bill for the water used by 10 odd households occupying both the buildings.
Similarly we found that even the septic tank and the sewage facilities of our building was being shared with the other building.

On our mentioning this to the builder, he remarked that we had no right to question his right to do what he wanted since there was already an agreement with the first buyers which we have to follow strictly that included the water expenses too. Which is no way logical since the agreement pertained only to our building.

Out of spite, the builder has demarcated the car parking area in our building as exclusive to him stating that he has not sold the parking area to us. Which again is not convincing since we already hold 2/5th of the undivided share for the 2 floors. Of course, the builder still has the 3/5th undivided share with him.
Though we are not sure if that legally entitles him to take such unilateral decisions himself. Please clarify.

Again the water connection is in the builder’s name for this building. Does that give him the right to use the same for the new building constructed by him ?.

Please also clarify if we are entitled to compensation for all the water bills paid to him for the period from which the new building was constructed. Of course the he has only given us statements not bills and no receipts for the payments given to him.

Also the tenants of the temporary construction in addition to using the water supply paid by us and also using the passage of our building, which we feel, is a threat to the security of the legal occupiers of the building. Is it legally in our favour if we protest about this.

We do not want to share the water and septic tank/sewage facilities with the other building and would need to have rights to car parking of the 1st and 2nd floors. Please clarify if our requirements carry sufficient merit so as to take it up legally in case the arrogant builder/ground floor owner refuses to change his stance.

Dear experts, please advice.

Thanks is advance,

Rajath Chandran
99464 45067

Gaurav Nanda   23 August 2009 at 21:08

Rent agreement

I am a student and i bought a new accomodation fo myself on rent......The landlord is putting stress on two things.........1. security equal to one month rent......2. a written agreement

Can u please throw some light that what precautions i should take in signing of agreement as later i don't want to have any trouble? I mean it should be what kind of stamp paper......other technicalities..etc.etc...... Any other advice on this most welcomed.

Manoj Joshi   23 August 2009 at 20:43

Stamping of trust deed

Dear Sirs,

I wish to form a trust in new delhi. I want to know as to what is the rate of stamp duty in case of trust of movable/immovable property where such movable or immovable property is transferred to the trustee without money consideration.

Kindly help me in this regard, it is very urgent.

Thanks and Regards
Manoj Joshi