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rahul   14 March 2015 at 00:00

Husband not allowing wife to stay in a flat

Hi,

My cousin is married for 7 years and has 5 year old son. She and her husband both are employed. She bought a flat 5 years ago and her husband was co applicant in it. She has paid all the EMI's since then. Her husband did not pay a single rupee till date.
Her husband is very suspicious in nature and always tortured her mentally. About a year ago he even beat her and threatened her life. she had to leave her flat fearing her life. Her father in law and mother in law were also present in house when this incident happened but they did not stop their son and supported him in the act. She is now living with her parents for more than 14 months along with her 5 year old son.
She had filed a case in court against her husband and in laws and then her husband agreed not to torture her mentally or physically and also made a release deed of flat as he was co-applicant in flat. The case was withdrawn from court.

Later my cousin went to her home along with few relatives but her husband refused her entry in home. Her husband and her father in law abused her and relatives and did not allow her to stay.

My cousin is still paying the EMI's for flat. She is the only owner of flat now.
Her husband is not allowing her entry to her flat and is staying their with his parents.

Now she wants possession of her flat. Please advice what she should do further? Can she take help of police to get possession of the flat? What steps she should take to get possession of her flat?

Thanks,
Rahul

praveenshukla   13 March 2015 at 23:23

Rule i (i)(ii)(iii) ccs conduct rules 1964

Respected experts here i would like to have your views on problem related to service matter.I am a central government employee working in the department of health and family welfare in a teaching post.Tutor,Gr-B.one of a senior officer in the rank of special DGHS who keeps coming to our deptt for OPD consultations has asked me orally to do an official work(which is different form my nature of duties directly) which i immediately complied and completed the initial work and reported him back on the same day.on the vary next working day i conveyed about this work to my immediate senior who transferred this work to another subordinate staff(actually posted for this work)for further procedure. i got engaged in my routine work thereafter.one month later spl.DGHS asked me about the status of the case.when in informed him about the transfer of the case to the designated subordinate staff by my immediate senior,he became aggressive and insisted that this case has to be done by me only. to my utter surprise he complained against me to the higher authorities of my institute. he kept sending the reminders to the authorities about a disciplinary action against me. a departmental preliminary inquary was set up and i submitted my points as well. as that work was the responsibility of another staff still i complied by the direction given by Spl.DGHS. Administration asked me to give a written reply again otherwise a disciplinary action will be taken by them for the violation of Rule I (i)(ii)(iii) CCS Conduct Rules 1964(dereliction and insubordination in duties).i submitted the same again. the said senior officer has been superannuated last year but he keeps sending the reminder to the administration to take a disciplinary action against me. this time the head of the institution paid some heed to his reminders and forwarded to vigilance section .though this is a 10 months old episode and that senior officer has retired what possible action administration can take against me. interestingly in the whole case my head of the deptt. didn't find any fault of me. as HOD is junior to spl.DGHS she couldn't resisted him to complain against me.
sir. please enlighten me on the above mentioned CCS conduct rule and its repercussions on my service. what legal action i can take against this senior officer who is quite arrogant and rude and has caused me a lot of mental agony and depression because of this baseless and unjustified complaints.
regards !

monjula sooresh   13 March 2015 at 23:14

Withdraw writ petition

Petitioner files WPC, respondent points out fraud and forgery, Hi Court asks respondent to file Counter, Counter filed exposing the fraud & forgery and contempt, listed 22 times, Court decides to dismiss WPC on technical point, Respondent is directed by Court to file applcn u/s 340 Crpc and Contempt of Court Act, Petnr requests permission to withdraw WPC, Applcn u/s 340 + Contempt filed, Petnr files applcn for withdrawal.
1. Can WPC be dismissed on tech point while Counter is filed and without consideration of points raised?
2.If yes what happens to the 340 + contempt petn pending?
3.Can Respondent object to withdrawal applcn?
4. Is Court obliged to dispose off 340 applcn and contempt petition before dismissing WPC or allowing withdrawal?

ankur   13 March 2015 at 22:29

property

How to sell 1/2 part of a house which is constructed on a plot belonging to two partners one willing to sell other not.Is their any legal way out.

amitsaxena   13 March 2015 at 22:09

Cyber crime ... complicated case... worried

Erased message........

Thank you all...

vikas raj sharma   13 March 2015 at 21:58

Fabricated evidence

sir, i was acquitted from 498a case from trial court. further appeal was dismissed in default. the appeal was also filled late without condonation. now my divorce petition is on final hearing in high court. vide CM order 41 rule 27 cpc i put both judgement of criminal case on record. now opposition filed reply to my civil misc. application in which they show a condonation application saying that it was filed with criminal appeal in session court but ADJ ignore this. i personally examined the record file . there was no condonation application. the copy of condonation application put before high court neither certified copy nor signed by any council. it was only signed by respondent. it is only false and fabricated document produced. what should i do?

MAHESWAREE SWAIN   13 March 2015 at 21:37

Right to way

I have a query about the way that means one person who have constructed a house since last 10-12 years over the property and he has been paying rent,cess to the govt.and holding tax,water tax,electricity tax.....etc to the municipality. but the problem is that,though the house is counted as no.2 of the ward still there is no convenience for to and fro ,and there are some private persons plots around the house and they don't agree to let some area of 3 to 4 feet for path (Road) to the house . now the family members facing a lot for their to and fro. so kindly tell me can they apply for road to the municipality or any authority, from whom they can get relief or is there any solution.........plz reply me.

Abhijeet   13 March 2015 at 21:29

Transfer of property act 58 (f)

Respected Members i am a panel Advocate of Bank, I Want to Know about Equitable Mortgage.
1) Whether Property Out Side the Town Area can be mortgage by executing Equitable Mortgage.
2) Title Deed of Property is executed when property is agriculture land and Now land is converted in to Non Agriculture Purpose. Whether in that case equitable mortgage can be execute.
3) Please state exact legal position about Equitable Mortgage.
4) In Maharashtra which Town and Area said provision of act is applicable.
5) Whether it is required to take chain of documents to create equitable mortgage.
6) Chain of Documents means, Chain of Title Deeds or Other Documents.

Member (Account Deleted)   13 March 2015 at 21:23

Stay Order for husband property

I got married in Nov. 2014 and my husband has beatn me and throw me out from his place and now i am staying with my parents can i apply for stay order of my husband property if YES so what is the process
Kindly guide me.
Regrds

mumthasashraf   13 March 2015 at 21:07

Budget passed in kerala state assembly in the absence of speaker and deputy speaker, whether valid ?

sirs,

i have an important question to ask you all on the legal sanctity of a budget passed today in kerala state assembly.
today , finance minister km Mani was supposed to lay the budget on table. but, there was an accusation of bribery case against him. hence, the opposition has already said that they will not allow Mr. KM Mani to present the budget. As expected, today kerala assembly witnessed a lot of rotten scenes .Finance minister Km Mani and speaker were interrupted from entering to the house . but, finance minister came back on the second floor and read the budget from another MLA's chair and declared that the budget has been passed.
subsequently, the speaker, who was admittedly , not in the house, latter said that he has given permission to the finance minister to present the budget, in his absence.
secondly, chief minister also contented that finance minister has requested for the change of seat, from his regular seat to that of another MLA and he , in turn has forwarded the request to speaker and he has already allowed it also.
so, on these two points, the the budget is legally valid.
if the opposition prevents the finance minister and speaker from getting the budget passed, in such cases also, whether the procedures as laid down in legislative rules have to be strictly complied with ?
whether a slight deviation will make the budget invalid ?
if it is allowed, then every opposition will try this unscrupulous method in future .


SO, BREIFLY EXPLAIN THE PROCEDURE OF PRESENTING A BUDGET BY FINANCE MINISTER IN STATE ASSEMBLY ? AND , WHEN, MINOR DEVIATIONS IN THE PROCEDURES ARE ALLOWED ? HOW IT CAN BE PASSED, WHEN OPPOSITION PREVENTS THE MINISTER AND THE SPEAKER AT THE ENTRANCE ITSELF ?

ANY CASE LAWS ?

MUMTHAS ASHRAF