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Anonymous   22 November 2010 at 14:38

hierarchy of Appeal

My wife has filed petition u/s. 13(1)(a) of the HMA,1955 against me in THE COURT OF CIVIL JUDGE (S.D.) KALYAN AT KALYAN, M.J. PETITION NO. XXX OF 2010. I am 99.99% sure that I will won the case.

If either of the party looses the case what is the hierarchy for the appeal i.e. appeal directly in the Hon'ble High Court, Mumbai or in between other Courts are there? Please give Bottom to top hierarchy of the Court upto the Hon'ble Supreme Court.

Anonymous   22 November 2010 at 12:36

MC case

After 8 months of seperation I received a notice from my wife from a Family court hearing next month. Meanwhile I had filed a RCR couple of months back and the hearing was scheduled only early next year. The notice for her hearing was sent to my office address and delivered by some one from court and does not contain any thing except for the date of hearing and some number like MC 23-00-00 ? What is this hearing about ? Is this a divorce case or RCR filed by her ? How should I find this out before the hearing date , so that I can be mentally prepared for the D day.

(I have been trying to get in touch with my wife for past 8 months to vain.) What should I do now .Can somebody clarify and guide me ?I would be really thankful to this forum for clarifying my doubt.

Anonymous   22 November 2010 at 11:41

HUF


An ancestral Land was in Balance Sheet of HUF as on March 2004
The land was given for Re Development by the karta for which an agreement was entered
On date of agreement between builder and Karta ( agreement not in name of HUF)it was agreed that the builder will allot 3 flats and even pay consideration in cash/cheque
The capital gains for the same were calculated in A.Y 2005-2006 and investment was made by HUF for exemption:

Particulars
Stamp Duty valuation
Less
Index cost of acquisition-
Capital Gains

Less: Cap Gain Tax bonds u/s 54EC
Less: Exemption as per* Property acquired as per development Agreement for self occupation (3 flats will be allotted)
*The self occupation flat valuation was done by valuer

The flats were not shown in Balance sheet of neither HUF nor individuals as the allotment of flats were not made
However the 3 flat was allotted in 20010-2011 in name of
1. Karta
2. Co Parcencer
3. Co Parcencer
Since the flats are allotted to 3 individuals and not to HUF. How can we do total partition of HUF ? How will it be done both legally and considering taxation aspect
Querry
1)How can we do total partition for this?
2)Since the land was in name of Individual and allotment of flats were also made to 3 individuals ( co parcencer) how can we show/ rectify the same.
3)Do we have to do partition deed ? If yes there is no flats /property in name of HUF and do we have to pay 2 % duty( stamp duty has been paid by individual owners)

helpjusticewin   22 November 2010 at 02:47

Women Welfare

Respected Sir / Madam,

Is there any association / federation that supports the welfare of women at both the national level and also at the state level (tamilnadu).

I am asking this in context to family related affairs - family law.

I am a victim who has been affected and who requires urgent assistance, from anyone of you who can provide this information to me.

Thanks
Please help justice win..



Adv. Deepak   21 November 2010 at 23:03

Divorce Petition under Hindu Marriage Act

Resp. Members,
In a petition for divorce under Hindu Marriage Act, under S. 13(1)(ia)(ib), filed by wife against husband, can she claim permanent alimony under S. 25 simultaneously with a prayer for divorce.
Kindly advise.

Anonymous   21 November 2010 at 22:08

Is there any solution?

The family court judges are least bothered about the petitions, objections, written arguments etc filed particularly by the husbands. They overlook salient points of the depositions of the husbands and which definitely favour the husbands. There are several instances wherein such glaring, conspicuous and perhaps intentional blunders are committed by the judges.

I have seen the Principal judge of the Family court of the leading information technology city in South India snubbing the husbands, not allowing them to speak (though logically), always negotiating the female advocates with a smiling face and heeding to their 'instructions' of unneccessary and unjust adjournaments etc.

I have also seen the same judge completely turning a blind eye towards all the vital points in depositions which are in favour of the husbands and underlining only those which are in favour of the erring wives and passing judgment accordingly.

The same judge is noted for decreeing what is not sought for the by the parties.

Very tragic indeed!!!!!!!!!!

IS THERE ANY SOLUTION??????

Member (Account Deleted)   21 November 2010 at 20:11

recovery of stridhana property

whether the stridhana property (jewels, utensils and property gifted to son in law) can be recovered from the matrimonial home after the death of the woman. in this case lady died of due to dowry harassment and FIL and SIL are charged u/s 304 B of IPC and other dowry act provisions. criminal case pending

yaseen   21 November 2010 at 17:31

domestic violence act 2005

whether domestic violence act applies to citizens of foreign country and what happens when alleged act of violence is committed in foreign country?

Anonymous   21 November 2010 at 17:00

Required assistance for registration of marriage

Dear All,

We have done marriage in arya samaj mandir without our parents concern so wanted ur expert advice in below mentioned queries:
1. Procedure of registering our marriage under HMA.
2. How much time will this procedure will take.
3. After registering my marriage in court, Is it possible that our parents will create any problem in our future relationship.

Request all of the experts to look into above mentioned questions and assist me on the same.

Anonymous   21 November 2010 at 13:25

Right to information

Sir,
My question is still unanswered.

I want to know whether a husband who has been paying huge amounts as maintainance to his erring wife, as the paymaster, does he enjoy the right to know about the details of his erring wife's expenditure or not?