kiran
13 September 2009 at 21:13
Dear Madam/Sir,
I am currently undergoing a 498a and Divorce and my marriage was solemnized on MAY-2005.
1. 498a filed by my wife on Nov-2006
2. Divorce file by me on Jul-2008
Background:
I was about to leave abroad for project work on Nov-2006, but my wife filed a 498a case assuming that I am leaving India to pursue higher studies and to stay away from her.
Subsequently , Sessions court judge has asked me to deposit passport ,which I did in NOV-2006.
Question:
Is there a possibility of obtaining my passport back?
Please let me know if there is any law to help me get my passport back.
Thanks and Regards.
Kiranriven
Ria
13 September 2009 at 18:55
Respected Experts,
I had contested my case party in person, and Iam set to recieve an exparte order in my favour, Now the repondents lawyer at thelast moment has filed the proof saying that the respondent retired from service one year back. As a result of this the judge has set aside the interim maintenance that was granted to me.
1)How do I recover the lumpsum amount that is granted in the exparte decree ?
2)Can I ask the court to attach the PF of the respondent that he recived ?
3)Can I ask the court to order an enquiry into the PF recieved and the assets that he may be owning ?
4) Can I ask for compelling production of documents that may be necessary in proving his income ?riven
Amandeep Singh
13 September 2009 at 18:41
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.riven
raj
11 September 2009 at 23:19
DEAR LEARNED COUNSEL!
In 1995,we got divorce through lok adalat.We had a girl child and the mother opted for guardianship.But after some time due to certain changed circumstances my child came to me [through police]and residing with me.I am taking care of her since then.But recently my ex wife filed an EP against me stating that i willfully voided the terms in the decree and prayed the court to apply order xxi,rule 37 and 38 of CPC.I submitted my answer to the honourable family court with all evidences.The honourable court issued orders in the EP stating that IT IS JUST AND NECESSARY TO ISSUE NOTICE UNDER ORDER XXI,RULE 37 OF CPC BY 22OF SEPTEMBER.Susequently i filed a GW OP under section 25 and 39 with section 10.
Can i approch high court for seeking STAY OF further orders of EP?riven
Amandeep Singh
11 September 2009 at 21:52
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.riven
Rishi Ahuja
11 September 2009 at 17:22
Respected sir,
I have received a summon on 21-3-2008 to present in the court on 24-3-2008 as my wife filed a complaint against me in DV.
I attended the court on 24-3-2008 and taken the copy of the complaint and NDOH fixed on 27-3-2008. On 27-3-2008, hon’ble court heard both the parties and told me to pay Rs. 1600/-PM , the fee and other charges of my child. I agreed to this and prayed the hon’ble court that I may please be permitted to meet my child on a least every hearing. Hon’ble court agreed for this and pass an order that child is to be brought on NDOH and I have to pay Rs. 20000/- as lump sum fess up to Mar/08
As my wife told that she took loan of Rs. 25ooo/- and NDOH fixed on 27-3-2008. On 27-3-2008, I made the payment and child was brought in court. And they gave one more receipt of payment of Rs. 6000/- (fees + admission fee up to jun/08). I prayed that at present I am not in position to pay this amount and I may kindly be given at least two months for this. Hon’ble court agreed and NDOH fixed on 7/6/2008.s. 6000/- was paid and child was brought on that day. Next date of hearing fixed on 26/07/2008. Before the date of hearing, on 12-07-2008, my wife misused the add on card of ABN AMER BANK and made a purchase of Rs.. 14000/- in an hour from a MALL .Next day morning when I came to know about this from banker, I got shocked to know about this and disagree for the purchase made by me. I tried my best to find out the accused . On next day 13-7-2008, I got the add on card blocked by my banker. As my wife was not knowing this, and still she want to harass me.
She again tried to use that card , but after the purchase , she came to know that card has got blocked then she used the other add on card. On 26-07-2008, I prayed the hon’ble court with an application that my wife has done the forgery by forgery signature . The hon’bl;e court got anger on her and told her to stop this type of act of offences. As she admitted the act of offence and also admitted to make the payment before its due date. I too prayed that maintenance to be fixed PM as I am not able to pay the lump sum amount . so Rs. 1600/- PM was fixed. Hon’blae court agreed for this too.NDOH fixed on 13-9-2008. But due to heavy load of work the court did not take any order. Same matter is repeated in the order. On `13-9-2008
She did not turn up and her counsel asked for time. In between I prayed the hon’ble court that she has not complied the order given by the court and hon’ble court told me that need not to worry this amount they have to pay as they admitted too. Then I told honble court that day by day the amount is increasing because of fine over that. Then they told you stop paying the maintenance till that amount is paid . Since then she has not turned up to attend the course more than a year past. As now the hon’ble judge gtot tr5ansferred to other wing in the same court on promotion from ACJM to ASJ. Now she is asking for the arrears without considering that amount which she admitted to pay. Now kindly give me your valuable advice, so that verb order can be converted to written. Otherwise I have to pay for that which I am not in position to pay in fact. Will RTI helps me in this regards’ Kindly treat most urgent and accord the priority.
With kind regards.
riven
Rishi Ahuja
11 September 2009 at 15:31
Respected sir,
I want you advice in dv when honable court has pass the order it was verbal and now the hon'ble judge is took over the duties of othger wing because of his promotion.
and in the order kof that day it is mention that "due to the heavy rush order could not bde passed". now if the other party refused to comply the direction given by the hon'ble court. Is there any way that other party comply the order.
Kindly give me your valuable advice.
with kind regardsriven
Rajneesh Madhok
10 September 2009 at 18:20
DOWRY HARASSMENT CASE, BOY’S PARENTS REGISTERED FAKE CASE IN WOMEN CELL THAT HIS SON HAS BEEN KIDNAPPED.
My bhanji got married with a boy last year. The marriage had been solemnized at a town of Haryana in a marriage palace. The girl had been living in Australia on Student visa. As she had completed her studies; at that time of marriage she was on the student visa. She sponsored her groom after marriage to Australia on Dependent visa. The boy’s family belong to Punjab.
After a week of marriage the girl went back to Australia and the boy joined her after about six months. On joining in Australia the girl revealed the hard fact that the boy is impotent to her mother. In the mean time as she had knowledge of his password she read the e-mails sent by her husband to his parents in which he confessed that he is impotent and is unable to perform.
In addition to it the boy had been torturing the girl physically and mentally. As he had not been doing anything in Australia and totally dependent on the girl. He had been torturing her to pay him money, arrange money from his parents to settle him in Australia in business. On the continuous torture one day when he tortured her a lot she called the police in Australia and narrated all the incidents that he has broken the cupboards and crockery and all that.. The police instructed the boy to leave the place and live separately till you have visa. At that time he had having about a month’s visa to stay in Australia.
To settle the dispute with mutual understanding, both sides of people belong to girl and boy’s in a meeting decided and the decision had been noted on Rs 100 non judicial paper that the boy’s family will pay this much amount of Rupees and all the jewellery which is in the possession of boy’s family will be handed over to the girls’ family and the boy will come to India and will file a divorce application in the court and the matter will be sorted out with mutual understanding. The date has been fixed, that up till the date within two months the boy will come and file the divorce case.
After two months the boy’s family turned from its promise. They said that we have no money to pay. Secondly the boy says that it is my own life’s matter who are you to decide on my matter. Thirdly they said that the boy will not come to India. Now whatever you like to do you can.
On this reaction. The girls’ family lodged the complaint with Police. The Women Cell police had been deputed for investigation. The boy’s mother and father visited the place and admitted and submitted the E-mails sent to them by the boy. In the E-mail it was also mentioned that the girl don’t give him much time to perform so I am unable and the parents confessed that the matter had been decided in the meeting held by both sides persons (Panchayat).
Now the boy’s parents has lodged complaint on girls’ parents that his son has been kidnapped by them and they have stolen the password of his son.
The girls’ side has lodged complaint under 498A against the boy’s family but till date no arrest has been made so far.
Kindly suggest solution.
riven
Amandeep Singh
10 September 2009 at 14:21
Sir
We have entered a compromise with a person that we have to sell our house in the open market. There is a condition that house cannot be sold to a family member directly or indirectly.So i just want to know relations covered under defination of family members and i am living with my parents one sister and a grandmother.riven
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Divorce by mutual consent
Sir/Madam,
My clients are christians...they want to file a divorce petition by mutual consent...under which provision the parties can file a divorce petition by mutual consent...riven