Anonymous
03 August 2011 at 11:24
is it mandatory under law to give a notice when filling a RCR, if yes is it for a period of 30 days. and if notic has to be given then wht all should i keep in mind before sending one
Anonymous
02 August 2011 at 20:21
"A" ,a daughter-in-law has filed a civil suit against "B" her mother-in-law for Permanant and Mandatory Injuntion restraining "B" from disposing off and dispossesssing "A" from the suit property. "A" got stay order in her favour from the court.
"A" has also filed a complainnt U/S 26 of PWDV Act-2005 for relief U/S 18,19,20 & 22 in the same suit against "B" ,her two daughters and one son-in-law. The Court issued C/N to all the four respondents. All the four respondents filed reply through Counsel of "B" in the same suit. But the Counsel of "B" has filed Vakaltanama on behalf of "B" only as he has been representing "B" in the same civil suit.
1.Is the joint reply filed by all the four respondent through B's Counsel acceptable ?
2. Can the court pass order against other three respondents Ex-Party as they niether appeared before the court personally nor filed the reply through Counsel duly appointed by them.
Kindly advise.
jach000019
02 August 2011 at 19:06
on the basis of the WILL of 1998(non regd.and non probated)and noc executed before the notary with book no.I applied the membership to the society and soc.had not replied me about my membership and after 1 year my brother took the objection in writing with the soc. regarding not to transfer the flat premises in my favour though he had also executed the consent of the will and noc for the transfer of the flat premises in my favour single and joint alongwith other legal heirs.
in the year 2006 i file the application before the dy. registrar u/s 22(2) membership alongwith all the necessary documents including the documents of objection raised by my brother.
in 2006 deputy registrar gave the order in my favour mentioning about the objection raised by my elder brother. and on the basis of that order soc. transfered the flat premises in my name.
in 2007 when my brother came to know about this he filed the revisional application at divisional joint registrar u/s 154.
in 2011 joint registrar remand back the matter back to the dy.registrar for reconsideration of the matter after making my brother as a party.
now the matter is pending at d. registrar so here i would like to know that
1) suppose here if the decision comes in my favour than will my brother again will be entitled for submitt the revision at joint registrar since the matter earlier remand backed by this joint reg/court that too u/s 154 i mean to say that does this section permeit this.
(2)if joint registrar accepts his revision again than can i file the petition/matter in the high court against the revision of joint registrar because already this dept. has wested 4 years and remanded back the matter to dy. reg. again and who knows that this dept. will not repeat this process again
(3)similarly if my brother wins over at dy. registrar than where i will be allowed to file the revision.
jach000019
02 August 2011 at 19:01
on the basis of the WILL of 1998(non regd.and non probated)and noc executed before the notary with book no.I applied the membership to the society and soc.had not replied me about my membership and after 1 year my brother took the objection in writing with the soc. regarding not to transfer the flat premises in my favour though he had also executed the consent of the will and noc for the transfer of the flat premises in my favour single and joint alongwith other legal heirs.
in the year 2006 i file the application before the dy. registrar u/s 22(2) membership alongwith all the necessary documents including the documents of objection raised by my brother and the deputy registrar gave the order in my favour mentioning about the objection raised by my elder brother. and on the basis of that order soc. transfered the flat premises in my name.
when my brother came to know about this he filed the revisional application at divisional joint registrar u/s 154 and joint registrar remand back the matter back to the dy.registrar for reconsideration of the matter after making my brother as a party.
now the matter is pending at d. registrar so here i would like to know that
(1) suppose here if the decision comes in my favour than will my brother again will be entitled for submitt the revision at joint registrar since the matter earlier remand backed by this joint reg/court that too u/s 154 i mean to say that does this section permeit this.
(2)if joint registrar accepts his revision again than can i file the petition in the high court gainst the revision aof joint registrar.
(3)similarly if my brother wins over at dy. registrar than where i will be allowed to file the revision.
Anonymous
02 August 2011 at 18:14
Dear sir
1. The parent has the moral obligation to maintain their children. If daughter lives with mother and take maintenance then also can she claim expenses for her marriage in court. Pls cite any HC Law which says that the mother is also responsible to put share of her earning in daughter marriage and as husband was paying maintenance regularly so marriage expenses included in regular maintenance only, hence separate claim for marriage expenses does not lie.
jach000019
02 August 2011 at 16:25
AS A EXECUTOR I HAVE TO APPLY FOR THE PROBATE IN MUMBAI SO I THINKING TO OBTAIN THE POA OF SOME OF THE OTHER LEGAL HEIRS WHO ARE LIVING OUTSIDE OF MUMBAI IN OTHER STATES.MY QUESTION IS THAT :
(1)ONLY THE REGD. POA WILL BE REQUIRED TO SIGN ON BEHALF OF THE ABSENT LEGAL HEIRS IN THE CONSENT OF PROBATE OR NOTARIZED POA ON THE STAMP PAPER WILL DO.
(2) POA OF MUMBAI WILL BE REQUIRED BECAUSE ASSESTS OF WILL ARE IN MUMBAI AND WILL ITSELF IS OF MUMABI OR POA SHOULD BE EXECUTED AT THE PLACE WHERE OTHER HEIRS ARE RESIDING.
(3) IF I WILL GIVE THE CONSENTS OF THE OTHER LEGAL HEIRS THAN WILL IT BE REQUIRED TO GIVE THE PUBLIC NOTICE IN 2 LEADING NEWS PAPER OF THEIR STATES WHERE THEY RAE RESIDING.
(3) IF I AM NOT SUBMITTING THE CONSENTS OF OTHER HEIRS WHILE APPLYING FOR THE PROBATE THAN HOW MANY DAYS NOTICE PERIOD WILL BE THERE FROM COURT'S SIDE.
(4)IT WILL TAKE HOW MUCH TIME TO RECEIVE THE PROBATE IF NOBODY IS CHALLENGING THE WILL.
Anonymous
02 August 2011 at 13:50
most humble request to lawyers-
recently session judge has cancelled the appeal of husband for stay order against interim relief to wife passed by jmfc, husband has applied in high court against jmfc and session judge order agaisnt husband to pay xxxx amount to wife.
during this pending time husband didn't deposited amount as he does not have any amount balance to pay in physically but the interim relief amount is gone upto rs. 100000/- now wife has filed for recovery application before jmfc but yet high court order is yet to came. and jmfc court is making pressure on husband to pay interim maintenance to wife or produce high court order for stay for the same. and further wife applied for issue of NON BAILABLE WARRANT against husband.
query to be replied for -
can a jmfc court take action against husband where husband is in appeal procedure and the same is pending before high court.?
is there any bar on lower court where appeal is pending before upper court? any case law to curb jmfc monopoly to execute order issued by them but yet appeal judgement is yet to come.?
what step can i take in this dilemma where jmfc is not considering all false allegation made by wife in d.v. case of maintenance and the financial position of husband as actually he is not in the position to pay heavy amount.?
sandeep sangwan
02 August 2011 at 13:15
U/S-13(2)a wife may present a petition for the dissolution of her marriage by a decree of divorce on the ground -
(iv)that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
In such a situation such minor girl filed the suit herself or through her guardian or her(Major)friends or relative? Because minor can filed suit through major only. please explain
Anonymous
02 August 2011 at 13:05
I have been trying for getting divorce since last 6.5 years, when i filed a case in my city and unfortunately she got it transfered to her city and now few days ago the case was dismissed by judiciary. She had already filed dowry case, maintenance and many more in these 6.5 years. Now I am paying lumpsum 2000.00 to her monthly by money order (since the case is in High court) for yet disposed. 498A still pending in district court.
Can you please guide a way and help me out so that I can get divorce, I am ready to pay reasonable amount monthly to her and my child (6 year girl).
Is there any law to get out of this. As a fact I have no physical relation with her since last 6.5 years, infact I see her only when I appear in court.
Please guide me.
Thanks/Ajit Kumar
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ex party divorce -set aside
Dear experts,
one of friends husband has taken ex party divorce one & half month before, with fraud & cheating to my friend & h'ble court.
he has shown summons service to wrong address & given two persons affidivit saying respondant is not taking summons.
my friend has submitted pettion for set aside order immidiately after getting knowledge of ex-party divorce.
she has already submitted DV petition four month back against her husband, but till today no result.
she is having two sons, one is with her & other with her husband.
can she get chance to give her opinion/ truth to h'ble court?
Also note that, her husband has done ex party divorce in andrapradesh & she is in maharastra, can we transfer this case to her present resident?