javed
29 October 2015 at 10:59
What to do to recover intrim maintenance which is granted under sec 23 of dv act?
ashish
29 October 2015 at 10:37
Guardians and Wards Act 1890 under Section 7
Applicant - Nana-Nani Respondent – Father
Case History –
1. The age of girl child is 2 years 45 days and her mother has died. The girl is with Nana-Nani.
There is no criminal allegation on her father (Respondent) and their family but Applicants say that before and after marriage her daughter was residing with them and she was working in health department till death. Her daughter never reside in the Respondent’s home and by birth, the minor child also living with them.
2. Non applicant denied their allegation and presented 105-page documents as an evidence.
3. The process of cross examine (5 person/evidences) has finished for the applicants. They did not submit any documents to prove their allegation. Although during the cross examine they have accepted that their daughter used to reside few days of every month with the Respondent and his family, the minor also born in her grandparents' house, all the rituals related with the minor completed in grandparents' house and a Grand Birth Day party was also organized in the grandparents' town by the Respondent.
Cross examines of Respondent and his friend has finished but other 2 are pending.
4. On 22.09.2105 after the cross examine of Respondent and his friend Trial Court passed the interim custody order in favour of Respondent and directed the Applicants to hand over the minor to Respondent before 5.10.2015 and inform the court on coming hearing date – 15.10.2105 and this order will have no effect on the final disposal of the case.
5. On 30.09.2015 the Applicants challenged this order in the High Court, W.P. (227) No. 820 / 2015. Here they alleged that the father is habitually heavy drinker, chain smoker, poor, has illegal relations with other women and prayed for stay of Interim Order. Respondent asked 3 days time for the reply then High Court fixed the date for next hearing on 8.10.2015.
6. On 2.10.2105 the female friend of the Applicant filed a false complaint regarding molestation and atrocity against the Respondent (father).
7. Police refused to register FIR before any enquiry. Police found it fake on the basis of mobile tower location and we also have submitted sufficient evidence in the Police Station that the lady and Applicants are well known for each other while that lady is unknown for us)
On 6.10.2105 in the Trial Court Applicants submitted an application of 151 and requested that they have submitted a petition in the High Court for the stay of Interim Order. Application granted and fixed for the debate on 13.10.2105.
8. On 8.10.2105 when Respondent submitted the reply of their allegation Applicants requested for stay against Interim Order and need 3 weeks time for the reply. High Court rejected their request of stay regarding Interim and fixed the date for final hearing after three weeks.
9. On 13.10.2015 the Judge of Trial Court is on leave and next hearing date is 19.11.2015.
My queries –
1. What action the Trial Court and Applicants lawyer can take?
(Because as per the system first of all we have to submit the reply of 151 and same time we have to inform the Trial Court regarding non compliance.)
2. How can we take advantage of the false complaint done by the Applicants?
3. Please tell us, if you have any citation regarding the compliance of Interim Custody Order before final hearing in the Trial Court.
Akshat Singh
29 October 2015 at 10:31
Hi,
I have a query, which I request to be addressed. In an 8-year old Apartment Complex, the Realtor-Builder (i) had converted some of the car-parking areas in the basement into two (2) single-room flats as per the version of brokers & old-time residents in the vicinity and sold them away, thus depriving others of ample parking space. (ii) The same builder, with the hands-in-glove of the hurriedly-formed, founder-office-bearers of the Residents' Association (an Unregistered Body, till date) had allocated to themselves "prime" parking slots and for a couple of them, TWO SUCH SLOTS EACH, to those with political clout, physical/muscle-power & wealthy guys, citing bigger-size of their flats, etc !! CAN ANY ONE OWN TWO PARKING SLOTS IN AN APT. COMPLEX, that too .. arrogating to themselves two "royal" parking slots, to the envy of hapless others? What exactly is the relief & remedy available now for those aggrieved ? And, who is the appropriate Authority to be invoked for intervention and setting the matters right ??
Sandeep Deshmukh
29 October 2015 at 03:56
As per the sec 67 of limitation act, when landlord determined the tenancy of tenant, he must file suit of recovery within 12 years, if not suit will be bared by limitation and will be liable to be dismissed. In such condition what will be the legal position? is this means that tenant acquire title by adverse possession, but many citation says that mere notice of termination of tenancy is not sufficient to prove adverse possession. What remedies available to the landlord in such condition. Please suggest.
Omprakash Saroj
28 October 2015 at 23:19
Want advice on Dual Employment.
What would be lagal action
Jyot
28 October 2015 at 22:46
In one case of family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty. The POA holder has appointed a lawyer for court proceedings in family court.
The respondent does not want divorce and he wants to sustain their marriage life. He wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counsellor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement. But, respondent filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
But, by mistake, the advocate of petitioner understood that the application-X is according to Section 9 of the Hindu Marriage Act. So, by mistake he wrote on respondent’s application-X that the application-X is for Restitution of Conjugal rights and this type of application could be filed separately and could not be filed in the suit of the divorce.
The hearing of the application-X filed by the respondent is still pending.Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The Judge has permitted the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that if respondent does not file his written statement on last date, the judge will close the stage of written statement of respondent. The judge has also decided to do hearing of application-X on the same court date which was filed by the respondent.
Now, the advocate of the respondent is still insisted to respondent for not filing of written statement of respondent on next court date. The advocate of the respondent tells to respondent that as the hearing of the application-x filed by the petitioner is pending, he does not want to file the written statement of the respondent.
I am from the respondent side. I am afraid of close the stage of written statement and ex-parte divorce. I am very confused and cannot decide what to do?
Question 1: Should respondent ready to file written statement on the last and next court date given by judge of family court? OR the respondent should agree with his advocate for not filing of written statement on next court date & wait for hearing of application-X?
Quetion 2: Does not conciliation mandatory in family court? What can respondent do if he wants to do conciliation with his wife and family court does not refer the matter for conciliation and insist for written statement although the respondent has filed the application-X for trying of reconciliation according to section 9 of the family courts act?
A walk alone
28 October 2015 at 21:03
Is there any period of framing charge according to SC in 498 a ?
Adv B.B.Gambhir #9814820602
28 October 2015 at 20:48
chet singh is landlord Kultar singh is tenant. i am from the side of landlord cum plaintiff.kultar singh has taken one room for office but bathroom, verrandah, kitchen and latrine and stairs are commonly used by chet singh and kultar singh. but kultar singh had alone started using the common portion without allowing chet singh to use so chet singh filed a suit for grant of permanent injunction against Kultar singh restraining the defendant from using common bathroom, open verrandah, stair case kitchen etc. in this case court decided the application under order 39 rule 1 and 2 allowed and directed kultar singh to put a common lock on the common property so that both the parties can use it commonly but kultar singh has not complied the same so far. contempt proceedings are pending.civil suit for permanent injunction is also pending for evidence.
my question is how chet singh can comply the interim order so passed by trial court while passing the application under order 39 rule 1 and 2.
SANDEEP SINGH
28 October 2015 at 20:26
How many person can get bail on one solvency certificate
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guarantors rights and liablity.
I am defence force employee. My departmental friend took personnel loan of 270000. I was his guarntor. He is absconding since last six months. His emi has been not paid for last six months. Bank has issued a notice to me regarding to pay the remaning 1,70,000 outstanding loan . What all can i do to recover the money from him. Pl guide me.