nagarajupatro
19 July 2012 at 12:05
respected experts
A AND B SOLD AWAY VACANT SITE TO ONE X BY EXECUTING A REGISTERED SALE DEED hoping that both have right and title over the said property, later B came to know that A DON'T HAVE ANY RIGHT OVER THE said PROPERTY. SUCH REGISTERED SALE DEED IS VALID as per law OR NOT? how can B challenge of the said sale for restoration of his right over the property after the lapse of 10years, and what would the out come of that challenge
Niny
19 July 2012 at 11:36
A Domestic Violence Application was filed in JMFC Court before 2 1/2 year, in Jan 2010.
Respondent appeared and filed Say & WS, before Two years.Nothing proceed further for last Two years, no order, no action. Both Sr. Citizen residing in same house.
Now Applicant changed her Advocate, abd applied for AMENDMENT IN THE COMPLAINT , with totally new facts. demanding lakhs of Rupees of Compensation caused in last 30 years of married life.
My Query is as under:
1. Can the Applicant pray for, and can the court allow AMENDMENTS, to fill up the Lacuna in criminal Procedure of D.V. Act??
2.As no history was given, of any harassment in original Complaint. Can she include new and extra fact in the same Application filed in Jan 2010.
3. Should Court direct to file New Application, asking her to withdraw the present Application??
Kindly help, whether any legal procedure or not??
In am for Husband.
Niny
17 July 2012 at 21:27
Wife of my Muslim Friend filed Divorce Petition under u/s 2(ii)and (viii a) of Dissolution of Muslim Marriage Act, 1939.
She also filed Ex- 5 in same Petition for grant of Ad interim maintenance as Ex-5.
[ She had not claimed under 125 cr.pc. ]
What are chances for her to get interim Maintenance, as iddat period is 3 months after Divorce, and she is not a divorced wife.
sonali apte
02 July 2012 at 15:00
मेरे पति एक क्रिमिनल अद्वोकाते है. उनोने में घरसे मरकर निकल दिया था उसे दोरान सात दिन में मेरा २ महीने का बचा गया (मिस्कार्रैगे) जन १२ को ये सब हुवा. मैंने भी उनके खिलाफ FIR 498a,406,504, 506(2) डाली है. आज ५ महीने बाद मेरे पति ने मेरे खिलाप कोम्प्लैंत की है की ओ बचा मैंने गिराया था. और जानेवारी को है उसने मुजे मुतुअल डिवोर्स के लिए नोटीस भेजी थी. आज मैं उसे डिवोर्स देना चाहती है तो मन कर रहा है. और जगह जगह मेरे नाम की बदनामी कर रहा है. इसे हालमे मैं क्या करू और उसके ऊपर मैंने कोंसे केस लगा सकती हु. और मेरा mutual डिवोर्स कैसे होया. मैं अपने पति के साथ ८ महीने रही हु और ६ महीनोसे मैं उनसे अलग रह रही हु
Niny
13 April 2012 at 16:16
If Landlord have room on first floor, and not residing there. To vacate tenant, he himself break cement roof, to harass him, this is same situation. BMC ask NOC of Owner, who refused to give. .
What can be done ??
Can tenant repair , entering owner's room. ??
It is not possible to go up without entering 1st floor[top floor] room in his possession.
Niny
09 April 2012 at 11:39
A criminal case was filed for stopping water supply against members of Managing committee of co-operative society.
A civil suit injunction was also filed for same cause against same accused by same person.
Can both cases proceed at a time??
Can statement if given by respondent in civil matter be used as evidence , affecting accused in criminal case.
Or any one case to be stayed?? and which case to stay under which section cr p c cpc.
pl guide.
Niny
02 April 2012 at 23:07
My muslim client, facing 498 & Domestic violence cases. He do not want to keep this wife any more.
Can he marry another Muslim girl, when case of Residence etc going on? How many months he have to pay maintenance to 1st wife? is it 3 months iddat period or more?? There is no children and marriage lasted for one year only.
Niny
02 April 2012 at 22:45
I could successfully got rejected Divorce Appeal of husband, and I am for Wife.
Wife contesting 125 cr p c for maintenance. As no alternate left, husband sent notice, to join matrimonial home within 7 days or he will file petition of divorce once again for desertion.
I sent wife with husband complying with his notice, and they started living together for last one month, but with reservation, as husband already had affairs and promised another girl to marry. Husband is highly qualified having 2L earning p.m.Wife left her job of 30k , to join him.
Is wife safe in his home? A son of 4 years with wife's mother, can she safely take him to house in law??
Can husband throw out Wife, now that he started cohabitation??
Should I withdraw maintenance case?
Please suggest.
Niny
02 April 2012 at 22:37
I filed my WS after 45 days of receiving notice.As it is after 30 days, I was asked to Apply for Grant of Delay Condonation in Small cause court, Mumbai.
So I applied for Delay Condonation.
I am tenant
Noe Opp Party receive the WS, but Judge asked to file Say on my Delay Condonation Application, which opposite side avoided to file say for lat 4 dates. Meanwhile 90 days will get over.
I filed my Delay Condonation Application without V/F or Supporting Affidavit, as I was told at evening, and I was not having time to do such formality. .
Is it compulsory to file Delay Cond Application with VF and Supporting Affidavit.
Can court otherwise reject the Application??
Should I apply again with proper Aff+vf.
I already verified WS , and submitted earlier.It is pending exhibited.
Pl guide me.
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Amendment in domestic voilence
Application under DV act was filled for only RESIDENCE, This application was not in format required under DV act,
After about 2 yrs of filling of this case an application for amendment is made,
amendment includes MAINTENANCE & RESIDENCE.
1.>Can amendment in DV case be allowed?
2.>Can it be permitted after such a long time that too when delay is caused by applicant herself?
3.>In case amendment is allowed maintenance is to be paid from the date of filling of the case or from the date of amendment or date of order?