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Queries Participated

anandakumar   31 May 2016 at 17:27

interim maintanance order

Learned experts,wife filed a domestic violence case against her husband for various reliefs.husband appeared in the case and filed his counter statement.during the said period of time for filing of husbands counter statement,wife conveyed a demand to go for mutual divorce through a well wisher stating that if the husband do consent for mutual divorce he will proceed in DV act case further by filing other applications including interim maintanance.Husband refused for consent mutual divorce suggesting to live together again.wife humilated and filed a interim maintanance petition demanding exorbitant money.husband filed his counter in the interim petition stating her approach for mutual consent holding the dv act case as a trump card to get his consent for.divorce.Now wife and her counsel representing before the court to pass interim order of maintanance immediately. How to defend the petition,so far she has not proved that domestic violence was committed against her.Also she is earning more than her husband and living all alone spending money lavishly..can the magistrate pass interim order immediately or after enquiry in the petition or an order only after deciding in the main dv act case ?
plz help...

Kobaka   31 May 2016 at 12:41

Can a power of attorney enter into joint property

Hello Sir,

My brother given POA to a person(supporter of my bro) as a custodian to his share in my joint property and my brother went to USA,the said property is parental ancestral property and my mother has passbook and title dead for that land as she is the elder of the family, becuase my father expired, now my mother want to cultivate that land as she don't have other source of income,but now that person(who has taken POA from my brother) is entering into that land and he is asking to stop cultivation as he has POA, is he can able to stop like that with POA?
is anybody who has POA can have right to enter into joint property?or only my brother can enter into that land?

kkk   15 March 2016 at 18:16

Civil case reg. i.a order

I AM DEFENDANT IN CIVIL CASE I FILE I.A
WHICH IS ALLOWED BUT THE OPP PARTY FILED
PETITION TO RECALL THE ORDER IS THIS
MAINTAINABLE

manjunath   15 March 2016 at 14:47

Partion

Kindly help out for unregisred deed

Ram   25 August 2015 at 10:24

Property attachment - civil suit

Initially wife filed 125 crpc. During pendency of 125 crpc she filed another maintenance case under order 7 rule 1 cpc (suit for maintenance) Her prayer is:

1) Directing the defendant to pay sum of monthly maintenance of rs.20,000
2) To create CHARGE over the schedule property for recovery of monthly maintenance.

Court ordered to pay rs.4000 monthly in 125 crpc case. I asked my wife to give her bank SB account number and details. So far she DID NOT GIVE those details. So I could not pay her montly maintenance through BANK.

During pendency of suit for maintenance, I mortgaged my properties to individual person and got loan. I could not pay the loan with interest, So I had to sell the properties to the MORTGAGEE( third person). I am ready to pay her monthly maintenance. Suit for maintenance case is in evidence stage:

My question is:
1) Even if I had sold my properties, will the court pass order to attach the properties? (no properties in my name. There was no injunction or stay order when I sold the properties)

2) What will court do if I could not pay the maintenance amount?

Thanks in advance dear experts.

krithi   24 August 2015 at 14:35

Help me please regarding nullity of marriage

respected lawyers i got registered with my hubby in which our family completly opposed our marriage.my family members blackmailed me to divorce him but i cannot that.finally they forced me to do nullity of marriage but i am not interested in that i want to live with my husband he too want to live with .my parents making me afraid if i do so they will commit suicide please help me what to do.our file hearing is on 29-8-2015 help me

Rakesh   21 August 2015 at 17:25

I have booked a flat in bangalore by paying 1 lac and builder has sold this flat to anyone else

HI,

On dated 6th November, 2014, I booked a flat in bangalore by paying 1 lac and before booking it I asked the builder to book this flat only when I am eligible for loan upto 85%-90%. But after seeing my documents (financials) he promised me that the loan will be offered to you by LIC, SBI or Axis Bank. But even after loan application was cancelled by LIC and SBI banks, on 8th December, 2014, he said I am going to apply the loan witk Axis Bank and I am sure that this bank will issue loan to you. But till date, i.e., on 21st August 2015, he has not communicated anything about the loan. I requested him in April 2015 through sending an email requesting him that I want to apply loan application with ICICI Bank and please give me the documents required for loan application. But he replied that he is trying his best for loan with Axis Bank. Last week I inquired by visiting the project site where the flat booked by me is located, I came to know that the builder has sold the concerned flat to anyone else in the month on May 2015.

I am very much interested to buy this flat but the builder has not given me the document required for loan application of the said flat and now he says that the booking amount will not be returned as it was my duty to avail the loan with the banks...........

Could I take legal action action to buy this flat because builder has cheated me by hiding the truth from me. I have saved all communications made to him through email from time to time.......

thanks in advance for your advice......

thanks again,

Rakesh Kumar

srinivasan   21 August 2015 at 16:32

Rental documentation

Sir

The tenant wants to make agreement, and their permanent address or occupying address will be same.

How to make Second part address proof for them. Because they do not have own house and the rental house becomes address for them.
To complete the between parties,I want to be get advice.

please advice.

regards
g.srinivasan

Rakesh   21 August 2015 at 15:16

125 crpc in live in relation

Actually it is a case of Live in relation & a child thereafter.
I am a married man. But I have been in love affair with lady who is also married.
We were in living relation for 1 year and had a baby.
But due to temperamental issues, we mutually decided to break this relation.
She earns handsome salary.
Now she has claimed 125 crpc claim in family court.
I have so many proofs to show that she was aware of my marital status and she is also married even before we came to know each other.
Pl suggest what should be my stand???
Pl. suggest with regard to 125 crpc only, it she and child entitled for that or NOT?

praveen kumar   21 August 2015 at 12:35

Section 52 and 53 of factories act, 1948

Dear Experts



Section 52 of Factories Act says :
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day

As per proviso to section 52 of Factories act - .." no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day".

Section 53 of the Act on Compensatory holidays.—
(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.


**** A factory seeks to declare a Sunday as working day.

The said Factory instead of giving holiday as per 52 (1) (a) seeks to apply Section 53 and to give holiday in lieu of the working Sunday beyond the statutory 10 days Limit.
Is it correct in doing so? Please enlighten as to when and how section 53 is operated?