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Abhishek Majumdar   26 July 2016 at 20:10

Property captured by wife

Hi My name is Abhishek M and I have filed a case against my wife for divorce as she has made false complaint of 498A and DV act 2005. I have a Flat at Pune which was under my possession till 21.07.2016 and I m paying the EMI for the loan availed from bank from the beginning. As of now I have received a divorced decree from Pune court and Maintenance has been rejected against the case of DV act. Recently she broke my flats lock and entered into the flat and took the possession and I m helpless as she is staying with his parents at my flat. I spoke to my advocate about this he said to file a special relief act u/s 6. The registry of the flat has a secondary name of my wife. Request you to help as I travel every month from Nagpur to Pune for the case and I m doing it for past 5 years. I have done police complaint but they shown there disability in resolving the same.Please find the details of case judgement for divorce and DV below :
1) The petition filed the petitioner-husband is hereby granted partly as under.
2) The marriage of Petitioner A and respondent R solemnized on 04.03.2009 is hereby dissolved on the ground of cruelty.
3)The petitioner's claim of permanent injunction against the respondent is dismissed.4)The counter claim filed by respondent-wife is dismissed.
Please find the details of DV judgement:
1)The application (Exh-5) is partly allowed.
2)The respondent is hereby temporary restrained or prohibited from committing, aiding or abetting any act of domenstic violence on the applicant till final decision of main application.
3)The prayer for residence/rent and maintenance are rejected.
4)Costs in main cause.
5)Copy to be given to party free of cost. Please suggest and help me.I have also filed a suit for declaration of& permanent injunction.

Abhishek Majumdar   26 July 2016 at 20:07

Property captured by wife

Hi My name is Abhishek M and I have filed a case against my wife for divorce as she has made false complaint of 498A and DV act 2005. I have a Flat at Pune which was under my possession till 21.07.2016 and I m paying the EMI for the loan availed from bank from the beginning. As of now I have received a divorced decree from Pune court and Maintenance has been rejected against the case of DV act. Recently she broke my flats lock and entered into the flat and took the possession and I m helpless as she is staying with his parents at my flat. I spoke to my advocate about this he said to file a special relief act u/s 6. The registry of the flat has a secondary name of my wife. Request you to help as I travel every month from Nagpur to Pune for the case and I m doing it for past 5 years. I have done police complaint but they shown there disability in resolving the same.Please find the details of case judgement for divorce and DV below :
1) The petition filed the petitioner-husband is hereby granted partly as under.
2) The marriage of Petitioner A and respondent R solemnized on 04.03.2009 is hereby dissolved on the ground of cruelty.
3)The petitioner's claim of permanent injunction against the respondent is dismissed.4)The counter claim filed by respondent-wife is dismissed.
Please find the details of DV judgement:
1)The application (Exh-5) is partly allowed.
2)The respondent is hereby temporary restrained or prohibited from committing, aiding or abetting any act of domenstic violence on the applicant till final decision of main application.
3)The prayer for residence/rent and maintenance are rejected.
4)Costs in main cause.
5)Copy to be given to party free of cost. Please suggest and help me.

Megha   26 July 2016 at 20:00

Bail under section 420, 467, 468, 471 (66 d) under IT Act

Appeal for seeking bail has been dismissed by district court due to lack of points in favour of petitioner. So what to do now is there 100 surety of getting bail through high court.??

nimri   26 July 2016 at 19:54

not realeased even after transfer order was issued

I am a west Bengal govt employee was transferred on humanatarian ground as my mother is suffering from CA but even after the concerned department has issued the transfer order the controlling officer has not released me to join my new place of posting .what steps can I take so that I can get realeased as per law.

singaravelan.j   26 July 2016 at 18:39

Valid of power of attorney

a property can sale using general pawer of aotterney? if saledeed ececuted that saledeed is valid?

Patil   26 July 2016 at 18:18

Grand father property.

Dear Members,

I need one advice.

My grand father owned one land which was transferred to my grand mother after his demise.

My uncle (My father's younger brother) told my father that he should transfer (Relinquishment) his share of property to him and in exchange he will purchase and give him some other piece of land.

My father signed (Relinquishment) and given that property to my uncle thinking he will get land some day.

My father did this in 1985 and now my father wants his share (in 2016) but the uncle is denying to give anything.

My father has some letters (written by uncle) where he had mentioned that he will give his due share.

Request you to please tell me whether is it possible by any legal path that we will get our due share?

Many Thanks.

Harvinder   26 July 2016 at 17:35

Property Tax for flats in Gurgaon

The Occupation certificate for the society flats was granted in March 2014. Is the property tax applicable from the OC date? MCG has billed it to all flats from 2011. Is it legal? Please clarity. Thanks a lot in advance

Srinivas Kumar   26 July 2016 at 17:16

Re-marriage without divorce decree

Hi Experts,

I got married on Feb 2013. And lived with my spouse till September 2013. My wife left me and on Feb 2014 she had filed nullity of marriage for non-consummation(she had not given her consent for intercourse) of marriage. I contested and represented as party-in-person and the case has been dismissed on June 2016. Overall we are living apart for more than 2.5 years.

My query is "DOES ANY HINDU SPOUSE OF WOMAN CAN REMARRY WITHOUT GETTING DICVORCE DECREE FROM HER HUSBAND"? Is it a valid marriage as per LAW?

Is there any such provision in Indian LAWS for a woman to re-marry like that?

Please help me in this regard.

Thanks.

Kamlesh   26 July 2016 at 16:45

N i act query

Hi , all

I m from the accused side in a criminal case of NI act 138.
I am second counsel in the case whereas Evidence opporunity of accused i.e.. my client is close by the court and is not re-openable.

There is contradiction in the Cheque Amount ( i.e 4lac 40 thousand) and the amount recurrable which he has accepted in his recorded evidence of complainant ( i.e.. 2 lac 40 thousand).

Now what defend we can have or what best step we take in next proceeding.

Case is on final argument.

Kamlesh jha

9999332085

Muruli Mohan K   26 July 2016 at 16:16

Conversion of pending probate application (p&sc) to declaration of title suit & permanent injunction

Hi Sir,

We are from Anekal in Bangalore District of Karnataka State.

My Grand father was owning 5 Acres of land in Anekal.

He divided the said land into 5 equal shares among his 4 childrens and keeping 1 share for himself. (1 acre each)

All the 4 children are in their respective shares and some properties sold to developers for layouts, buildings and houses constructed.

Meanwhile my grand father and Grand mother passed away in 2001.

Then the dispute arised to share grandfathers 1 acre share among children.

Meanwhile my grandfather bequeathed the 1 acre of his share through registered will to his grandson (his 4th Son of Son).

Problem here is instead of his 1 acre share he bequeathed 3 acres which is not belongs to him.

And grandson files a P& Sc application before senior judge in Anekal and same is contested by 4 sons since bequeathed property not belongs to my grand father but belongs to others exclusive and absolute share.

Since P&Sc application contested judge converted the case into Original Suit (OS) and asked to pay the petitioner 10% ad valorem court fee (Rs. 10.5 Lakhs). Which petitione not paid even after 3 years and approached high court to cancel court fee. But high court of karnataka dissmissed said writ petition and ordered to pays 10.5 lakh court fee.

NOW petitioner moved an application in front of senior judge asking convert present suit to Declaration of Title Suit & Permanent injunction saying petitioner the absolute owner of suit properties of registered will and he is unable to pay huge amount of court fee.

Please clarify whether judge accepts for conversion of P&Sc application to declaration of Title Suit & Permanent injunction.

Thank you