Anonymous
29 May 2020 at 15:19
Sir(s)/Madam,
I filed a partition suit and court passed a preliminary decree between the parties. I applied for final decree proceedings along with metes and bound. The against party by filing one or the other petition prolonged the case for many years. Meanwhile I am not able to pursue the case due to my work and my case was dismissed. I filed restoration petition which was allowed by the trial court . The against party aggrieved by the trial court filed civil revision petition in the high court. Against party while going to the high court did not issued any notice to me.. When I searched the high court website I found the case is pending without showing any next date of listing. Further there is no mention of either admitting the case or for any further hearing it shows only PENDING. There is no stay order or any order mentioned in the status. My counsel died recently and could not understand what is the status of my case. Whether I can move forward for filing final decree proceedings in the lower court or I should respond to the I.A. which is not showing any order or notices issued to me.
whether court will issue any order without my knowledge when there is no next listing date in pending case.
Please kindly clarify my doubt I am not understanding the legal implications about I.A. Pending in High Court.with out next listing date and any orders without notice how can respondent counsel appear for case.
Thank you,
M.Satyanarayana
Shiv raj
25 May 2020 at 15:17
I got married in July 2018. We both work in Pune. It was an arranged marriage. We had a baby boy in June 2019. After delivery, I tried to get my wife back to the Pune, but she never told me exactly what she wanted. Always I do not need anyone, I look after myself, she used to give this type of answer. After all, I had a meeting with his family members and some people, then she said that my mother cannot live in my house in Pune. Only her mother will be with us. Even during pregnancy, his mother came to live with us for 3 months. I am the only son, I cannot leave my parents. But in the meeting, people said that take it for a few days, her mind will be changed.
And on December 19, my wife came to Pune with her mother and brother. I sent my mother to the village. My wife had said that only her mother would be with us, but her brother also stayed with us. My mother in law's behavior was also not right. I did not even let me see properly with my child. I was tolerating everything, yet after a month my wife's father came and my wife said that she is going to leave the house. And she needs a divorce. I felt like this is frightening. But one day when I came from the office, I saw that they left home with all the furniture that was got at the wedding [january 20]. When I called her, she did not even give me the address and said talk to my maternal uncle. His uncle did not tell anything properly.
I have not received a single phone call from her for six months. I messaged her a couple of times to come back. Now I came to hear that she does not want the divorce and wants to come back.
But now I need a divorce only. Because she can never keep my family happy. She has a habit of lying. Her mother always threatened to send me to jail.
Inevitably I have to stay away from my son. Only once or twice a month after the divorce, I will be able to meet my son rightfully. My wife and her mother are very arrogant. They always insulting me for my salary because I used to earn less than my wife. Even after suffering so much, till date, I have never given any trouble to my wife. But my wife and her family members can never be changed.
Can I get divers on this basis? If the wife refuses to divorce in court and my wife is ready to live properly with my family members, what should I do?
Rajesh Singh
24 May 2020 at 22:04
Hello experts,
Today I need your advice in the matter of one of my friend facing since many months, as a friend I want to help her under legal provision available in law.
She is working in a goverment department under contractual position renewed every year, last year she has got transfer within district wherein she is getting pressure from many sources to approve some files for appointment of person (approch) without noting actual facts ,they have offered monetery benefits for the same but she didn't acccept there offer and forward there files with actual noting,
Due to actual noting file had rejected by dept, After that she got many calls and approach from the diffrent dept to approve such files.
She did her job with integrity and didnt do anything wrong , but due to higher approch now she started to receive complains from individually and every time she has to explain, even senior official knows her working and support her but she is now getting mentally harash from the false complain,
Experts I know she didn't do any wrong but the time is she has to prove her innocence every times ,
Is there any provision under any Indian law wherein she can also complain regarding false complain and take action against the person doing false complaints.
Your expert advise is required in the matter,
rdana
22 May 2020 at 20:27
Hello Sir,
I have a typical problem. please help me with this.
My father during his childhood, he used to always stay at his mom's (Nani's) maternal house to find some livelihood as it is town and he was not well educated. Please assume his moms maternal family surname is X and his fathers paternal family surname is Y. He used to stay very rarely with with his father. Gradually, he had become like a adopted child at his moms maternal house and his surname was slowly started changing to X.
He got job with surname X as well. Later we the children inherited the same X as our surname too.
While my father was doing job he bought a house , but he made a mistake here, by registering the house with surname of Y (his father's parental surname) . But no objection was made as this property registration was done in 1976-78, I suppose that ID proofs of the property buyer was not mandatory at that time..
Time passed by and my father died in 2002. In the Death certificate of my father, the surname was X.
Now I wanted to make my mother as Legal heir of that property.
But as the Sale deed of the property is on Y surname, there was mismatch with our Surname X.
Please let me know, can I get that sale deed corrected with Surname X now.
Or any other alternative to get my mother's Legal heir completed.
Anonymous
15 May 2020 at 18:39
Please, I am genuinely worried for my daughter, myself and my parents. My wife and I have been married since 2013 and living with my parents ever since. Within a year of our marriage, she started demanding that I buy her a flat, but I did not want to abandon my parents. My parents and I even suggested that we build her living quarters on the first floor of our house if she needed more space, but she denied. Ever since, she grew very contentious, and ill-treated me on several occasions. (Shouting, name-calling in front of my parents, maids.) Ever since our child was born (January 2018, through an incredibly expensive IVF procedure for which I supported her financially as well as in choice,) my wife started making threats that she will leave me and take away our daughter. The first time she left was in August, 2018. She went back to her parents house and took our daughter and even our dog that we had adopted after marriage: the reason for her anger being her sleep got disturbed at 8 am in the morning because we had some guests over at the time. She shouted and had an argument with my father, who called her brother in turn to tell him that she ought to refrain from treating my parents in such a way. Her brother in turn insisted that she leave the house and that's what she did. She came back 20 days after realising she wanted to live with me. Then 6-7 months after she leaves again with our baby, and went to her brother's flat (which was empty) and tried to live there for a week before again changing her mind again and coming back to live with me. (Later I found out her parents even took her to a Psychiatrist for reasons she didn't disclose to me.) Then during the lockdown, again she had a terrible outburst and went back to live with her parents, taking away our daughter again. This time, I had even given in and decided that I shall look for rented accommodation and talked to several property dealers. I also went to her society twice to meet our daughter. She asked me to take our dog back for a month, and within two days (i.e. yesterday) she has another outburst (purely because I'd not texted her good morning for two days,) demanding that I give her the dog back. For the first time, I told her NO. She had given me suicide threats several times before, but for the first time she swore on our child that she will kill herself if I don't do as she says. I warned her I will report to the police, so she came outside my house and started shouting and creating a scene in front of the neighbors (who were watching everything as if it was the most entertaining thing they'd seen,) and I had no choice but to give the dog away. I have decided that I do not want to be with this traumatizing woman anymore. But absolutely clueless as to how I should go about this especially during the lockdown. Every conversation and text message I have stored as evidence (including all her abuses, threats of suicide etc.) I fear for my child, and I am confused how to proceed legally. She has drained me emotionally and mentally, and I just want to be out of this situation now. Any suggestions would be welcome.
Manish Puri
09 May 2020 at 18:54
Hi Team,
I am from Delhi. The issue is as subjected. My brothers got the NOC signed just after the death of my father (in 1981) and, claimed to transfer property to Mother’s name. Now, when our Mother died recently (Feb’2020), I got to know that they have transferred the property in their names (2 person) already. But, they have not informed me. Please suggest if I can claim my share.
Anonymous
01 May 2020 at 15:06
My first wife died after 13years if marriage.i have 2 sons.aafter 4 years i remarried.but my 2 nd wife's nature is like too modern . trying to spend unnecessary money not looking after my kids.after 4 years she left house unchecked after a big fight.now after six years when she listened from outside that my made a house( with my first wife's resources she left which is currently under my children s name) she came to me uninvited and saying i want to stay in here.i am not gonna go from here no matter what can you do.i have blood cancer with hyper tension and heart problem .i cant live with her and her daily mishaps causing my health problems.i want to divorce her what can i do?
Anonymous
26 April 2020 at 15:57
My Mother who is a retired govt employee and pensioner now ,had left her own flat at kolkata last year & and have come down to Guwahati ,along with my younger sister are staying in rented house in Guwahati . I also stay at Guwahati with my wife and son who has appeared for board exams .I did not allow them in my house,as my sister start quarelling with my wife and cause disturbances to study of my son and also threat to cause harm to my son & wife . Now my Mother & Sister are mentally harassing me on regular basis to get my sister married,but as I know both are mentally not stable( as can be assessed from thier behaviour and talks )how can I get a groom for her . Few proposals had come but when they talk with them ,they reject and dont turn up.I told them to get counselling from psychiatrist but they deny .
Please suggest what can I do ,or can I seek legal remedy or police help to put both of them in asylum.
Sandeep Pamarati
26 April 2020 at 14:41
Just wanted to help out with the Rules someone asked here.
High Court of A.P. Family Courts (Court) Rules, 2005
Thread: https://www.lawyersclubindia.com/experts/details.asp?mod_id=156516
Querist: https://www.lawyersclubindia.com/profile.asp?member_id=16318
I am unable to upload the Rules here. No Attach file option.
Even Share files option didn't work. May be I missed correct method.
So, I am sharing a link from my site,
https://www.shadesofknife.in/high-court-of-a-p-family-courts-court-rules-2005/
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Encashing father's signed cheques after his death
Hello Sir,
My father passed away 23-May'20 and he left behind signed 3 cheques (without date and amounts) for us to withdraw the total cumulative money from his ongoing pension till his death. Due to the family grief and current lockdown I could not present those cheques to the SBI bank immediately after his death and now its nearly 10 days, I am not sure if I can still withdraw (a) via those cheques, (b) the full currently available balance, (c) including the past month's pension, via those cheques into our 3 accounts i. e. my mother's, my sister's and my own account. His death is not yet registered. He is clear from all debts and has no others liabilities, except for pension tax for April and May for which I intend to leave a certain amount behind in his account. Please can you advice what should I do. Thanks