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Username12345   04 February 2018 at 14:33

498A and Divorce

Need your valuable advice experts, thank you in advance.
Me and my ex have been separated since 9yrs (person went absconding and his father not telling his address). I tried all means to trace him and at last after 3.5 yrs filed a FIR in AP(due to misguidance of an advocate filed in Ap though I am staying in Maharashtra). I filed DVC(as he used to beat me, torture mentally and physically) & 498A (as in our last meeting in Panchayat he asked for 5 lacs cash to my parents). DVC got dismissed due to my absence (had gone through a major surgery) & at present the 498a is going on since 8 months. As per rules I just need to attend once to record my statement and for cross examination. But till how only my statement has been recorded. I have to attend court almost every 15 days which is getting difficult for me as I have a kid to take care of. Last month I presented a letter to the court to allow me to withdraw the case and ask my ex to return back my streedhan given by my parents along with divorce. My ex agreed for divorce but puts terms and conditions that he will return the streedhan only after completion of divorce plus doesn't wish to give any alimony either to me or to the kid (alone I'm taking care of the kid since birth) plus wants visiting rights to meet the kid. I'm worried about the kid, what impact will it create on his mind. Till now this person was just a missing figure in our life who never even bothered to check if we were dead or alive. Now all of a sudden it's difficult for the kid.
My question is that can I file for Maintenance towards my son after the divorce (I don't need anything from him for myself but regarding the kid I don't know how his expenses will increase as he grows). Also can I reopen the DVC in Maharashtra by request of transfer. This person has spoiled my life and is now enjoying without giving any compensation. Experts please give your valuable suggestion.

BIPUL CHANDRA BISWAS   04 February 2018 at 12:53

Challenging interim maintenance order under crpc 125

Sir,
my wife filed case under crpc 125 in Judicial Magistrate court. the interim maintenance order will
come soon. In case of any adverse order against me, how can I challenge the interim maintenance
order in higher court ?
My query is under which section can I challenge the the interim order and in which court ?
thanking you in advance--

Sunil   04 February 2018 at 12:35

Cost of bearing internal leakage in flat

There is internal leakage from my flat and water is flowing down to below flat.

It has been alleged by Society that due to below provision in Bye Law, the cost of internal leakage has to be borne by me only. The relevant Bye Law is reproduced as under -

b. All the repairs, not covered by the byelaw No. 158(a) shall be carried out
by the Members at their cost. The expenditure of the internal leakage due to
toilet, sink etc. should be borne by concerned flat holders, with intimation to
the Society.

In my view the above clause suggest that cost should be borne by "Concerned Flat holders". This means it should be shared between the flat from where leakage is occurring and flat who are impacted by leakage. Since the words used viz., Member(s), Flat holders(s) suggest more than one.

Is my interpretation correct.

Is cost has to be borne by me only or has to be shared as per above interpretation.

Regards.

Sunil   04 February 2018 at 12:29

Will

Is will made on Plain paper is valid.

Anonymous   04 February 2018 at 11:15

Trans2 itc on closing stock

dear sir,
My query regarding TRNS2.ITC

That we have filled TRANS1 with closing stock about 200 mt (5 items-HSN/goods) within the due date,

“As the rule prescribe to ensure that all the HSN/goods are declared in TRAN 2, in the opening balance in the month of July, 2017, irrespective of the fact that these have been sold or not in the first i.e. July, 2017 tax period.”

By mistake at the time of filling TRNS2 for july17 out of five items HSN/goods (200mt) only one item 50 mt HSN/goods that was sold during the month of july was taken as opening bal and rest four items HSN/goods was not shown in op bal in the month of july, which was sold during the period july17 to Dec17

So please suggest the way how claiming ITC on the remaining 4 items HSN/goods that was also sold during july to dec.

M Rajendra   04 February 2018 at 09:23

Right of chidren in father's property

Hi

I want to discuss a case with you.

In my case "A" and "B" are husband and wife resp. They are having 1 Son "C" and 2 daughters "D" & "E"

"C" is married and his wife "F" having some property which "A" has purchased 4 acre land in 1990 on name of "F"

"A" died in 1994 and "B" died in 2007. There was one civil suit running on purchased land since 1994. This suit was against "F" filled by other party say "X". In this suite "F" had given written statement having a line "A" bought this property in name of "F". After long duration this suite Suit was settled in court in 2017.

Now "D" and "E" filed a suit against "F" saying that they are having shares in land purchased by "A" in name of "F"

Sale deed of 1990 was made in name of "F" only. This purchase is very well known to "D" & "E".


Now I just want to know that will "D" & "E" are eligible to get shares in purchased property i.e. 4 acre land?

MahendraKumar.H.Trivedi   04 February 2018 at 09:19

Time barred civil suit

Sir,
Repeated query with changed thread as at defense stage, lawyer not filing reply, other lawyers not accepting case, lawyer not taking fees nor resigning but keeps sending case status by soft ware. I am really confused and each day passes in tension, although my case is easily defendable due to time limit.
However on next date I am going to court station on three days earlier and try and file my defense reply my self.( time barred argument )
Meanwhile please opine :suit is for title of plot by virtue of sale transfer agreement but suit plot already sold before case came on board. There was injunction on plot and sold in 2009, contempt application filed in the same suit in 2015. Contempt time barred but what could be implications on main complaint on title. Possession was with plaintiffs and I am defendant. Plaintiffs hid third party possession to court to whom plot is already sold and title transferred much much before case came on board. ( IN 2009)
Regards

Athi Vishal HD   04 February 2018 at 08:39

Female rights in ancestral property

Respected Sir/Madam, I am Prashanth from Karnataka. My Grand-father has 5 Childrens, out of them 1 is female (My Aunt) whose DOB is 06-06-1953. After my father(in 1983), Grand-Mother (1999) and Grand-Father's(2007)death, we approached the Civil Court for partition of properties which held in the name of Grand-Mother (Purchased by her) and Grand-Father (both purchased and inheritance) and settled the matter in the Court by the way of Compromise in 2012. While compromising My Aunt is stating before the Hon'ble Judge and also in writing that "I have no rights in the properties and also I don't want any properties, so I accepted the partition". She also signed the Compromising Order issued by the court. After that we enjoying the properties. But now suddenly MY Aunt and her Childrens are demanding the 1/5 share in all the properties. 1.Is she entitled for 1/5 share? Please suggest me.

sriram   04 February 2018 at 08:11

Criminal contempt

I want to file criminal contempt under sec.2(c) of the contempt of courts Act 1971 against Tahasildar an R.D.O.
The matter in brief is,I got direction from A.P.IC,Hyderabad in land dispute matter and they are not implementing.I filed W.P.(c) along with civil Contempt in Supremecourt and which is pending in the Supremecourt due to the defective code8888.In the meanwhile,I was communicated the Tahasildar to implementthe order of the A.P.I.C and besides the matter is pending in the Hon'ble Supremecourt for Justice.with a view to made correspondence to save the most valuable time of the Hon'ble Supreme Court and be pleased to implement the order of the A.P.I.C.
i HAVE RECEIVED AN eNDORSEMENT FROM THE tAHASILDAR IS TO GET CERTIFIED COPY OF THE sUPREMECOURT'S jUDGEMENT to take further action.
The statement similar to the the lowering the authourity of the HON'BLE A.P.I.C and in my opinion,it leads to Criminal Contempt under the provision of sec.2(c) of contempt of courts Act.
My query regards whether is it applicable or not?

Anonymous   04 February 2018 at 07:38

Agreement on Stamp Paper

Is renewal of agreement to be mandatory done on stamp paper? If we do it on company letter head, whether it is enforceable in court at the time of dispute?