Ritika singh
14 February 2013 at 18:54
a property is obtained from a housing society on leasehold basis by issue of share certificate by Mr X. He expires interstate and the leasehold rights devolve to his 2 minor sons, A and B, and wife. a surrender deed of leasehold rights is executed between son A( now major) and wife as guardian of minor son B without permission of the court as required under sewction 8 of hINDU minority and Guardianship act,1956 and the society.
1) can this property be called joint hindu family proeperty hence not requiring taking permission under court(section 8 and 12 exception)
2) can leasehold rights on a property be read as self acquiring of property to trace its devolution on legal heirs ?? can they be treated at par with inheritance as owner for the same ???
amrit
14 February 2013 at 17:14
Hi sirs,
I need Madras High Court Judgment in Khaja Mohammad nooruddin vs khaja Mohammad farudin AIR 2010 NOC 438 (MAD).
Hoping for prompt reply to this message or at samra2802@gmail.com
Please dont reply readymade answers such as search on indiankanoon, lawmirror etc. etc. i am myself an expert and i have ransacked all those sited as well as lot of internet. but i could not lay my hand on this judgment.
pls help if anybody can!!!!!!!!!!
Amit
14 February 2013 at 15:19
Hi,
My wife filed maintenance under DVC and 24HMA and 125CrPC.
The arguments are about to start in DVC and 24HMA.
(1) How will maintenance be divided in both? As I understand, amount given under one has to be taken into account into another. What happens if both orders come on the same day?
(2) How long does DVC case generally? 24HMA should take much less time, right?
(3) My wife has hidden much of her income from the court for which we have proof. I read that maintenance can be denied to wife with unclean hands, is that true?
(4) My wife's provable income is 15K p.m. whereas her total income would be 25K. Is she still entitled to maintenance under DVC and 24HMA? (She asked for 1L p.m. my income is 1.2L p.m. after tax)
(5) My wife is also highly educated and able bodied. Has been working and still working (though with reduced salary deliberately). Is she entitled to maintenance still?
Thanks
at your mercy
14 February 2013 at 12:34
In crpc 125 suit, petitioner wife was cross examined and she admitted she did not take money from bank accounts in her name saying falsely as she has no passbook and cheque book.. actually no passbook for these a/cs.And demat a/c in her name has got 5 lakh worth. all were my money as she admitted. she did not sell for this period since filing.. saying taking loans. my salary Rs16000 pm and have some residential prperties. Also she is staying with major children at matrimonial home not allowing respondent with police threats.
she is asking 10,000 for her and 10,000 each for 2 children who were minors at time of filing petition. Also falsly saying my income as if 1 lakh
now a common relative advising me to file a memo with salary certificate as ready to give 10,000 for her and now major children till she is ready to restore conjugation of rights. there wont be proof affidavit in this case.
I AM FILING SALARY CERIFICATE ALONG WITH THE MEMO OFFERING 10K
pl advise on this advice
now I shall be without required money.
In this case may I shall the other properties( not the matrimonial house) for my expenses?
Kamal sodhi
14 February 2013 at 10:18
Hi
My friend's brother is in live - in relationship from the 5-6 years with his girlfriend. He kept her with everything he has. supported her family as well, transferred money in her family member's account as well like a salary every month. Now the girl is exploiting his life, if he doesnt want to marry her, she is threatening him with filing a case against him & his family. Although his family was not aware of all this. Now somehow they came to know about it. Now the boy doesnot want to marry her but the girl is threatening him inspite of taking huge money from him for leaving him. He has evidences of that money transfers in the form of bank statements. Please advice on how to get rid of her.
ANIL KUMAR 8867907494
14 February 2013 at 00:48
Dear friends , A lady divorce her husband and taken the custody of the child and marries another man, now what is the status of the child born to first husband ?
WHETHER SECOND HUSBAND WILL BE CONSIDERED AS FATHER OF THAT CHILD OR GUARDIAN
RAMJI
13 February 2013 at 23:56
In a case, community of husband is BACKWARD and his wife is from "Most Backward community. fortunately or unfortunately, wife took divorce and child is in her custody. After divorce, wife has applied for community certificate for child claiming MOST BACKWARD (I.E COMMUNITY OF MOTHER) without revealing fathers community and wife was signatory to the appln filed for minor child..... this happend without knowledge of husband, now husband has got this info thro RTI APPLn,, Questions are as below:
1. Legally, should follow community of father or its mother? irrespective of status of dad & mom...
2. Father feels that child's education /job may be affected if this mistake by wife is not corrected at this stage itself...father doesnt want the child to avail better reservation chances by telling wrong info...if at all community of father is to be followed as per law...
3.What action could be legally taken against wife who made false statement by hiding the community of dad of child?
4. any other views/suggestions pls
regards
ramji
hello good day
13 February 2013 at 19:52
hello,
good day.
married in feb.'11
my wife left me on 5th Dec.'2011, for no reason.
chances has she been a emotionally blackmailed by her parent because of conflict of ego with my parent.
now more than one (1) year has been passed.
in this period, they used GOEBBELS TRUTH.
this sunday [10-2-2013], they come to propose a mutual consent divorce. though they don't open their card yet, they do give slight ink link/idea of dire consequence if their demand/terms will not be fullfilled,
so, like to know in that case the intensity of 498-a as well DV case suppose they will file a case against me to give pressure to accept their filthy demand,
thank you to abridge my position in this scenario.
regards.
gautam.
[ gkmja@yahoo.com ]
eubuleus
13 February 2013 at 15:33
Dear Wise Counsel,
Seeking your views on the following.
My Scenario (provable):
0. Am an employee of an MNC in NCR, living alone.
1. Have been married for ~4 years to a central government employee (my wife) of fair rank,
2. Have an infant child,
3. Have had turbulences in marriage since after few months from marriage,
4. Have tried to instill confidence of my wife by:
(i) Making her a joint owner of the house me and my parents have been paying for, and
(ii) Asking her to join me in marriage counseling so that we are able to lead a healthy family life with mutual trust.
5. Have tried to play my traditional role as a family man by:
(i) Initiating efforts to upgrade my professional skills as soon as she was expecting,
(ii) Ensuring the best medical care for my wife and child during delivery, and
(iii) Paying ample maintenance every month since we have been living separately.
6. Have lived separately since last 3 months (after our last quarrel).
My Intent:
1. Ensuring the mental wellbeing of my child (and mine)! i interpret this as her RIGHT to have happy and loving parents.
2. Gain the trust of my wife and helping her have the same on me. Trust being intangible to define, this should necessitate prolonged monitoring of both of our conducts even after patch-up, if there is one (to filter out feigned compliances of either party – non provable past experiences are there).
3. Ensuring the right to decent and happy moments to everyone else related to us.
My Perception:
My spouse is a person emotionally dependent on her parents uni-dimensionally, and they only understand the language of power. They have been dictating our relation since before us getting married (provable). The parents' influence needs to be curbed with certainty for any real progress. i respect their right to be taken care of by their children, but object to their attempts to chalk out my marital life.
So, how do i:
1. Make my wife undergo counseling with me (so that we give the marriage and our child another chance),
2. Cut her communications with her parents (while ensuring that both parties are fully assured of each-others' well-being), or
3. If there is any other alternative to achieve my intent, how do i do that?
Thanks,
Eubuleus (pseudonym)
Delhi.
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Husband not employed--wife maintainence
Hello Fellow Advocates,
I have a very bad case, please help me. I am fighting from the wife side. Family is Hindu and husband has filed divorce for cruelty by wife. I filed section 24 Hindu Marraige Act. Husband is MBA+Enginner with more than 10 years experience and was working as Sr. Manager in Software company at 12 lacs pa. Apart from this he also did consultancy, he purchased 4 cars.
The court ordered him to file his salary slip to check his income, he delayed the case for more than 2 years on one pretext or other. Now when the court said that we will pass an order. He has given affaidaivit that I am not employed any more. I am unemployed. I cannot file my salary slip, thus I cannot maintain my wife. Wife is from village background 10th pass, medium family, cannot work as she is uneducated and unskilled. I am sure that he has definately changed his job as nobody resign from good company and post without any reason. But we cannot get any proof.
Now after delaying the case for 2 years can it be allowed that he can go free from his duty to maintain wife. Is there any judgement?