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Pradip   26 July 2015 at 09:19

Child custody

Respected Sir,
The facts are as below:
1. Wife left matrimonial home keeping minor daughter in custody of husband.
2. She file 97 CRPC and without any hearing SDO handover minor daughter to wife.
3. Wife did not allowed to go to school to minor child for one year and as a result minor child in same class for three years.
4. Wife has no source of income and file maintenance case against husband
5. Husband file criminal revision in High Court and high court order as below:
By virtue of the order passed by the learned Executive Magistrate at XXXXXX in XX. Case No. XX of XXXX dated XXXXXX, the minor child, daughter of the petitioner, who had been brought before the learned Magistrate on the strength of a search warrant issued under Section 97 of the Cr.P.C., was allowed to go into the custody of her mother who is the opposite party in this case.

Perusal of the allegations made in the original application under Section 97 goes to reveal that the said minor child was being neglected/mistreated in her father’s house. However, there was no
allegation that she had been forcibly taken away by the present petitioner or was being kept in confinement.

In the given circumstances, the order for issuance of a search warrant, if passed by the learned Magistrate without hearing the petitioner would appear to be inappropriate and somewhat
highhanded.
Nevertheless after production of the child, the learned Magistrate opined that in view of her reluctance to go with her father, her betterment apparently lay in putting her mother, i.e. the opposite party in the role of her custodian.
From the standpoint of this Court, undoubtedly the welfare of the minor child is the Paramount consideration. So the Court is not inclined to reverse the impugned order notwithstanding the fact that it was passed in an irregular manner by the learned Magistrate and apparently in excess of his lawful jurisdiction.
It has transpired that a Matrimonial Suit involving the parents is actually pending in the competent Court at XXXXX.As such the petitioner is at liberty to apply for seeking custody of
the child in the aforesaid proceeding which shall be decided by the concerned Court on its own merits.
With the above observations, the revisional application is disposed of without costs.
Sir,
No matrimonial suit is pending in any court in my case.
What should I do for the custody of the child who is now 7 years old and studying at KG1?
CAN I APPROACH SUPREME COURT?
Or
File custody case in lower court?
Your valuable advice requested please.

Kathirvelmurugan   26 July 2015 at 09:03

Property in ad(adi dravidar) conditional land (tamil nadu)

My Grandmother had bought a land in 1994, and having a patta in her name. Now she is no more. As my father is only son for my grandmother, he applied for name change in patta. But that application is rejected by VAO, stating that land is AD(Adi Dravidar) Conditional land. Since we are not belongs to AD, VAO states that he is helpless in this application. VAO told that in recent years only this restriction in in practice. My question is,

1.Weather can we get patta in my father's name?

2.Since we have patta already in my Grandmother's name, will that new rule can restrict the name change?

3.If we construct a house in that land, any problem will arise?

Jameer   26 July 2015 at 08:47

Certificates

Hello sir

i discontinued my Btech graduate from a college and requested the principal to submit my ssc and 10+2 certificates but the person asking to pay the total course fees
can i proceed legally?

thank you

Jameer   26 July 2015 at 08:44

Job-related

Hello sir

i am working in a Government psu and i am in probation period,is there any chance for the employer to remove me from duties during probation.

please reply

thank you.

Presently iam not facing any problem but in the coming near future if the employer wants to remove me from the job as i am in probation because the company is in loss,on which grounds can he remove me from my job>

Thank you

surjit singh   26 July 2015 at 07:25

party as HUF in partition suit

In an earlier partation suit which was dismissed on 1998 for non prosecution the karta of the family was not made as a separate party in new partition suit we are making the karta as a party as HUF as well as kindividually. In the earlier suit there were some agricultural plot which were left out and some were wrongly mentioned because all the documents at that time was with karta.
Now in the new partition suit we are making the karta as a seperate party as HUF as well as individually. Since 1988 we are having seperate kitchen. Most of the land documents are still with karta i.e. eldest brother of my father, but we are now able to procure the correct plot numbers.
My query is (1) whether making karta of that time as party in new suit will affect the new partition suit?
(2) Since there will be difference in plots number in the schedule as compare to the earlier suit. Will it affect the suit.

surjit singh   26 July 2015 at 07:22

party as HUF in partition suit

In an earlier partation suit which was dismissed on 1998 for non prosecution the karta of the family was not made as a separate pkitow in new partition suit we are making the karta as a party as HUF as well as individually. In the earlier suit there were some agricultural plot which were left out and some were wrongly mentioned because all the documents at that time was with karta.
Now in the new partition suit we are making the karta as a seperate party as HUF as well as individually. Since 1988 we are having seperate kitchen. Most of the land documents are still with karta i.e. eldest brother of my father, but we are now able to procure the correct plot numbers.
My query is (1) whether making karta of that time as party in new suit will affect the new partition suit?
(2) Since there will be difference in plots number in the schedule as compare to the earlier suit. Will it affect the suit.

vittal   26 July 2015 at 07:17

7 cpc and retirement

Sir,

this is with refrence to the recent news that 7th CPC is recommanding 33years of service / 60 years which ever is earlier as the retirement criteria. Pl provide me clarification if possible.
I have joined at the age of 19 in DAE and rendered 15 years of service before giving technical resignation in 1997-98. This has completely cutoff my service from govt( I am getting prorata pension, graduity is settled and EL till that date have been encashed) and new NPCIL (A Govt of India enterprise ) service started.The offer book of NPCIL says superannuation is on attaining 60 years. I am having another 7 years and 9 months left for my superannuation.NPCIL is expected to implement the 7 CPC pay scale to us as well . Now the question is how the above rule said to be proposed by 7 CPC will affect employees like me ( I have completed 18 years of service in NPCIL already) so total service will be 33 years as on date

Amit Chhabra   26 July 2015 at 06:53

Son not leaving mother's home

Respected members,
There are 4 brothers A,B,C and D and their parents i.e Mother M n Father F. All are living in one home. Home is in the name of M and it's self acquired property and not ancestral property. A's nature is not good n he creates lot of problems n disturbance at home. Therefore, M is asking A to leave her home n get some another accommodation which would be financed by parents. However, A is not ready to leave home. What's the remedy? What relief can be claimed in civil suit?
With thanks
Amit Chhabra

DINAMONI DAS   25 July 2015 at 23:22

registration of MoU

Is it compulsory to register a memorandum of understanding between q firm and a company

Om prakash banth   25 July 2015 at 23:21

Limitation under Section 32G .

Property taken over and sold by punjab financial corporation in 1996. Can they take action under Section 32G against sureties for remaining amount after 19 years?