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K GANGA NARSAIAH   22 March 2015 at 11:15

Mutual consent

All of U Hi,
She (X) is offered mutual consent she is presently staying in US,They got married in 2009, in India.since 2010.there is No any communication btwn them.Now she is asking consent.
1.Is it compulsory to sent Husband's consent, Even he is not willing.
2.Her advocate compelled him for consent.
3.Is it compulsory to come India for Mutual Divorce.
4 If there is any way for mutual consent.

Anil Kumar   22 March 2015 at 11:15

Seller of house filled one time lease amount, what does it mean?

I recently bought a house, the land was on lease from the Jaipur Development Authority. Around 6 years back, this land (which belonged to the JDA) was under encroachment (kabza), and the government at that time allowed such people to get a legal right on such lands. Then it was converted to a (99 years) leasehold land, which was initiated by the seller. Everything was approved and legal.

2 years back seller paid the one time lease amount and got a certificate. It states that so and so house is free from any lease payment in the future, but the term (like 99 years etc) is not written in it.

The seller claims that this certificate means that the land is VIRTUALLY FREEHOLD, and we don't have to bother about the lease even after the term of 99 years. I am confused about this. I don't seek to take any actions, just for clarification. It didn't affect my judgement for buying the house.

Thanks in advance.

yatharhpan   22 March 2015 at 11:09

Divorce laws

My dad passed away recently. I am son of his first wife. His second wife died in 2013. Dad again got married through Mumbai marriage beuro and his wife, my second step mom stays in his residence.
Her intentions are to claim heavy maintenance and claim right in property held by my dad.
She keeps on demanding death certificate and marriage certificate.
Her first husband is Dubai resident. He came to sign divorce papers few days before marriage as part of formality demanded by marriage beuro. Now lady has become legal heir of our family and likely to claim her share in whatever is found to be in dad’s name.
What is my obligation towards her? Am I legally bound to give her maintenance? I doubt her first marriage separation to be of legal validity. She is found to be having valid Dubai visa expiring in 2016.
Can I demand following documents from her to prove legal status?
1) Indian court divorce decree.
2) Her immigration documents.
3) Any of the formalities needed to be followed before marriage as suggested by lawyers.
If she fails to produce can I proceed to prove her marriage illegal and strip her of any rights she is likely to claim?

Should I accept beuro’s marriage certificate signed present of lawyers to be of genuine and accept her as legal heir.

Sincerely seek Expert’s guidance in this regard.

Anonymous   22 March 2015 at 10:00

husband's mental imbalance due to wife's domination

Warm regards to the learned fellows over here.
Well a very close friend of mine is severely suffering from his wife's consistent tortures, physical mental abuses every nnow and then during 13 years of marriage life. This has adversely affected my friend's present being making him totally inactive. He is lackinng moral support from the family. His wife is very mucch shrewd and wicked, hyperly egoistic, a money minded lady, who bbelieves and lives on illogical and self made false assumptionns and keeps on torturing him. The height of situation camme at last whn she scratched his face, gave bite on his fingers, hit a heal of sandal on his private parts. She is so money mminded, that she wilfullyy wishes her husband to be inactive I have been the witness of her wickedness. She tried to use me emotionally against her husband misusing my only nature to keep the couple united. Ater realizing this fact, i stayed away. Her ego got hurt and she started torturing me as well by weird names, false allegations, abuses, threats which are still on. The side effect is that i have become a heart patient, got a heart attack due to severe stress of torture created by her over me as well. After this the inncident of hitting to my friend, my soft natured friend is so mmuch scared, that he is into severe depression, bbecoming suicidal sometimes. It has become risky to leave him alone. Unfortunnately, his other fammily members are in favor of the wife and try to prove him an insane though he is actually not, whose academic record had always been at top. He wants to get rid of her.
I hv the photographs of the wounds she gave to him.

I have heard divorce procedure takes so much of time as per Indian Law.

Friend has already approached to police station, but due to his 'so called reputed' family's pressure, who is having political backing, the case is suppressed. The police has been told that he is mentally imbalanced, so police replied that law is in women's favour, there is no optionn but to file a writ pitition for divorce.

Please advise suitably. Is there any law in india who can save such sufferer??

udayan khan   22 March 2015 at 09:33

498/a

Can any gentelman help me ?
My wife had done a 498/a against me and my parents on 11/04/2010 and I had done divorce case on 14/08/2012. now my wife want to stay with me and she wants to withdraw the 498a and subcequently I have also to withdraw the divorce case.
Now my question is: can my wife again do 498a case in future after withdraw the previous 498a?
and please suggest me what should I do ?

surendrababu   22 March 2015 at 08:26

E courts official web site

SIR
PLEASE CLARIFY ME WHETHER A DOWNLOADED COPY OF JUDGEMENT FROM E COURTS OFFICIAL WEB SITE IS A VALID DOCUMENT FOR PRODUCING BEFORE A COURT FOR EVIDENCE?

B N SURESHA   22 March 2015 at 02:00

Need of judgment copy

Sir,
I could not able to get the judgment copy of K. Narayanan vs State Of Karnataka decided on sep. 02 1993, hence I request you to mail the same.

rajan chopra   22 March 2015 at 01:27

PRODUCTION OF DOCUMENT

SIR I AS A DEFENDANT IN A SUIT FOR RECOVERY OF MONEY WANTS TO PRODUCE A DOCUMENT AT THE STAGE OF ARGUMENTS.UNDER WHICH ORDER AND RULE I CAN APPLY TO COURT?

Natasha Prakash Bankeshwar   21 March 2015 at 19:02

Consumer protection act 1986

Respected Sirs,

Am a member of a Co-op. Hsg. Society at Mumbai and have submitted a complaint application dated 17.08.2013 under bye-law 173 to the Secretary about internal and external leakages in my flat and non maintenance of the Society's property. The Committee neither took any decision nor communicated its decision on the said complaint application. Severe damage was caused to my flat due to the said leakages as the Secretary and the Committee did not exercise the powers and discharge the duties and functions as laid down under the Bye-Laws and neglected and failed to carry out the repairs and maintenance of the Society's property and maintain its quality in good condition. Later, I was told that the necessary repairs were carried out by the concerned members holding the flats above my flat and that the said internal leakages had been stopped and that necessary repairs of external walls of my flat to stop external leakages due to rain water would also be carried out before the commencement of monsoons and that I could, therefore, carry out internal repairs (major) in my flat. Thus, I carried out the repairs incurring heavy expenditure of Rs. 136500/- towards rectification of the said damage. I have the Contractor's Bill cum Cash Receipt (on his letterhead) in support of the said amount spent by me.

Shockingly and unfortunately, internal leakages and severe dripping of water were again found in my Flat within a week from the date of completion of the repairs / renovation work. Thus, the said internal leakages and dripping of water continue to cause damage to my newly repaired / renovated Flat. The Committee, in fact, gave me false information and false assurance that necessary repairs to stop the internal leakages in my flat had been carried out. I continue to suffer mental agony.

My queries are as follows:

(1) Am I entitled to claim compensation for damage caused to my flat? If so, what amount could I claim?

(2) Apart from above compensation, whether I can claim compensation for mental agony and deprivation caused to me due to undue financial loss, hardships, inconvenience and nuisance on account of deficiency in service by the Society? If so, what amount could I claim?

(3) In order to prevent any further damage to my newly repaired / renovated flat, am I entitled to any ad-interim or interim relief under the C.P.A. 1986 in the facts and circumstances of the case? If so, what relief could I claim?

(4) What interim relief should I seek to rectify the present deficiency in service (To carry out repairs and rectify defects or deficiency in the building in order to stop / plug leakages immediately?

(5) Whether I am entitled to claim costs of the litigation / complaint?

Thanking you,
Warm regards,
Natasha Prakash Bankeshwar

Susmita   21 March 2015 at 17:16

Banking

Sir, Kindly Answer the following matter as soon as possible.

A bank having its branch at Delhi executed loan to Mr. A at Delhi. The head office of the said Bank at Kolkata executed an Assignment Agreement in favour of recovery company at Mumbai with a term that, the said recovery company shall have right to sue on Mr. A at Delhi. Is the Agreement valid? If yes Why?