Nelofar
18 May 2012 at 15:56
Sir,
Muslim lady after getting Divorce from her husband that too when husband has unilaterally pronounced divorce through a Talaqnama ,which the lady has neither received nor signed. However husband says he has sent it through the Register post.
Now my query is
1) What is credibility of this Talqanama.
2) Is the lady eligible for the maintenance from her Husband.As my lawyer has said if Divorce gets proved in Court then I am not eligible for maintenance as we are governed by Muslim Law.Please clear me i am in confusion as I am a housewife.
3)What else i can claim from him.
Please advise
krish
18 May 2012 at 12:28
my property valid 33lakhs. i have received advance 4 lakhs from Mr.Ramana made agreement on 100rs stamp paper which stated that within 50days he has to pay remaining 29lakhs and make registration. in case of fail 1.50paise interest for late period. not mentioned time frame for interest. he failed to pay balance amount 29lakhs in 50 days. i requsted so many times but he is not responded. after 2years 6months now he came to me and asked i will pay amount with interest make registration, but now the property values are anonumusoly increased now market value of my property nearly 75lakhs. what can i have to do.
sonu
18 May 2012 at 11:58
What will be the part of a widow and her two children in his dead husband parental Property? If her step mother in law and her 2 son is Alive.
And what is the legal remedy for her; can she go Court for 50% of Property?
an 80 yr old person agreed wid a builder for construction of apartment on his self acquired land by demolishing his house built over it.one of his son is disputing it and wants share in it,however old man is adamant.
now dat son is threatening to file an injunction suit through her major daughter{grand daughter of old man} claiming her right over land as ancestoral property.
can grand daughter claim self acquired proprty of her grandfather as a right?
is such suit maintainable?
what are the rights of grand daughter over self acquired property of her grandfather?
Ques:- I am defendant's counsel in a case and Plaintiff's counsel take 90 days for PWs now can i stop him from so much delay in evidence and beyond 90 days which section or order,rule apply to it and in which act ?
Can a person file and pursue a case on behalf of all the shareholders of the property, despite the fact that he is having GPA of only few shareholders. whether this technical problem can be a good ground for dismissal of petition.
srinivasa guptha
17 May 2012 at 19:49
Dear sir,
Sub: Registered will
My father who wrote a registered will in 1985 for his self earned property In favor of his younger son (Me).
My father died on 2000, but my brothers did not accept the will written by my father, they went to court for praying partition.
I too went to court for declaration of will.
The above said cases have been clubbed for common judgment.
Trail (in the court of XVIII addl city civil Judge Court Bangalore City) dismissed my plea reasoning
1.signature of my father mismatches with referring documents (a document written in 1967 is compared with document of will made in 1985).
2. Thump impressions also mismatch (without an expert opinion}
3. Two witnesses are not alive (court did not accept one of the witness’s son attesting his father sign)
I appealed the case in the High Court of Karnataka at Bangalore.
My petition is being dismissed (judgment copy awaited).
My lawyer says I have only 2 options either go for a review of high court judgment or slp in Supreme Court.
My question to panelist:
I strongly feel my case is being influenced in all sorts – I being a lay man where to go for remedy?
I am not financially strong to encage a Supreme Court lawyer, how fight unethical?
Will the Review petition in High Court give me a fair chance?
Advice me.
Thank you,
Srinivasa Guptha
rahul
17 May 2012 at 17:03
What is an Adjudication Proceeding? What is its mechanism?
manish kumar pandey
17 May 2012 at 15:48
a father buy a property in the name of his minor son in 2000. son transfer this property by sale deed in 2006 without knowledge and concent of his father.father filed a title suit in 2009 and alleged that executed sale deed is null and void.son is joint with plaitiff and no partition between them.the defendant son file a petition under section order 7 rule 11for rejection of plaint and alleged that under section 3 of the benami prohibition act 1988 no any case can be filed on any person on the ground of benami related to land. plaintiff quistion that - is this property joint family property,what is status of that property,pl details about imp ruling against section 3 benami prohibition act, how can we plead fruther in this case,what rulings given against rejection of plaint. pl give suitable answer. yours-manish pandey advocate civil court bhabua bihar mob-09431680667.
Matrimonial
I have asked previously one question that : The person who have two wives doing Semi-Government job in the school and first wife has complained and requested to the school to dismiss the person Whether two wives is a moral turpitude ? Or the person can be dismissed on that base ?
Expert : Prabhakar Singh : Yes , he can be.
Expert : Rajkumar Makkad : The misconduct comes within the ambit of moral turpitude so gravest punishment of removal from servie may be awarded to such
employee.
Expert : Sasankajyoti sharma : I go with the suggestions of my previous experts.
Again I have asked question in different manner as follow.
Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintenance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintenance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and confirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turpitude, and as it is moral turpitude as per Guj. Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise
Expert : Rajkumar makkad : You being management are duty bound to maintain your discipline and take appropriate action against A. The only action in such situation can be DISMISSAL FROM SERVICE WITH IMMEDIATE EFFECT. The School has no liability towards such employee.
Experts : PS Dhingra, : I endorse the views of Shri Makkad.
Experts : Pradeep kumar : Mr.Makkd is correct, take a step further, according to Hindu Marriage Act, 1955, 2nd marriage without divorce from the earlier partner, or death of earlier partner is illegal. Though Hon'ble Family Court orders are there, but it has to be seen whether under the said rules, for such an act of an employee a inquiry is required or he could be dismissed straightway. If enquiry is prescribed, then go issue a chargesheet, hold proper inquiry and only thereafter take action such as dismissal, that too do not show in advance your intensions to do so.
Now the position is “ The enquiry committee has given a report and said that there are two wives to A (husband) and Trust has after considering report Passed a necessary resolution in the Executive committee to dismiss “A” (employee of the school) and sent resolution & report to District Education officer (D.E.O) for approval Now the question is (1) If Mr. A Made any comprise or settlement with first wife without divorce than whether possible to withdraw the matter ?. D.E.O. said that if any compromise without divorce has no meaning because the position of remarriage during subsistence of first marriage remains and it is a moral turpitude. D.E.O. also said that my duty is only to approve or disapprove the report of enquiry committee and not to inquire further. What can be done ? whether court order of divorce is required or comprise either in court or before notary can save the employee A. (2) If D.E.O. grants approval of dismissal and compromise paper without divorce produce before the committee than what can be done ?
Please opine with case law if any.
Thanking you,