Upendra
22 February 2015 at 04:39
my wife though with good job, she hid the fact that she was working & filed a maintenance case in Andhra Pradesh, the judge was biased towards her as she was a friend of one of her relative, this was way back in 2012. I had then posted this problem in this forum for guidance, as per the suggestions I applied for transfer of case from that court to another court in the same district citing discrepancies in her address and jurisdiction, I won the transfer to the other court which was hearing a 498a case filed by her aginst me and my family, the first court had already finished her chief and cross by then, the other court had take taken up the case in July 2013, but since then nothing has happened, I believe that even this judge is being influenced by that other biased judge. It is 2015 now.
My query is that
1) This judge has given 18 adjournments for further evidence.
The petitioner wife is only taking adjournments and not presenting any evidences at all for past two years.
18 adjournments for a single cause seem insane is this permissible in law, or is he going beyond his boundaries to help her.
Further my wife has cited the delay in maintenance case and filed for interim maintenance in November 2014 though the delay is actually caused by herself. She and her counsel were pressing for urgent disposal of the interim maintenance and we were put to lots of questioning by the judge when we sought one additional adjournment for providing our argument, During the arguments I presented a secondary proof to show that she was working in Hyderabad and is not jobless as she is claiming to be along with multiple citations in my support (courtesy:- lawyers club India). Her counsel immediately sought for adjournment for providing additional citations, which was given immediately without any questions. And since then they have taken seven adjournments for providing additional citations on their behalf.
To my knowledge an interim maintenance case should be disposed within 60 days, but the judge has allowed the case to prolong much beyond the stipulated period it is almost 100 days now owing to my wife’s counsel’s request for adjournment for providing additional citations on their behalf.
Sometimes I can’t make out if this is a judicial court or a kangaroo court that is being run for the whims and fancies of the petitioner
Since this is forcing me to travel about 600km for each hearing this is costing me money, time, and strain. What can I do to expedite this situation? I don't want to have a confrontation with the judge as it can lead to other complications.
Probably my wife’s game plan is that prolong the case while forcing me to come each time and put me in to sufficient mental torture that at some point of time I might break down and agree to her demands which are too unjust (she is un officially asking for half of what is owned by my father, mother, and that of my brother all put together, which was hard earned by them, whereas I am now penny less as all my savings had to be spent bail in 498 and for legal battles since then)
I am attaching the adjurnments for your persual and informed sugestions
MAINTENANCE CASE UNDER 125 CrPC
Hearing date_Next date_______Purpose
_____________15-07-2013______NOTICE
15-07-2013___05-08-2013______FOR TRIAL
05-08-2013___13-08-2013______FOR TRIAL
13-08-2013___30-08-2013______FOR TRIAL
30-08-2013___13-09-2013______FOR TRIAL
13-09-2013___26-09-2013______FOR TRIAL
26-09-2013___10-10-2013______FOR TRIAL
10-10-2013___25-10-2013______FOR TRIAL
25-10-2013___08-11-2013______FOR TRIAL
08-11-2013___23-11-2013______FOR RECONCILIATION
23-11-2013___23-12-2013______FOR TRIAL
23-12-2013___20-01-2014______FOR TRIAL
20-01-2014___09-02-2014______FOR TRIAL
09-02-2014___03-03-2014______FOR TRIAL
03-03-2014___19-03-2014______FOR TRIAL
19-03-2014___10-04-2014______FOR TRIAL
10-04-2014___30-04-2014______FOR TRIAL
30-04-2014___14-05-2014______FURTHER EVIDENCE
14-05-2014___10-06-2014______FURTHER EVIDENCE
10-06-2014___01-07-2014______FURTHER EVIDENCE
01-07-2014___18-07-2014______FURTHER EVIDENCE
18-07-2014___11-08-2014______FURTHER EVIDENCE
11-08-2014___12-09-2014______FURTHER EVIDENCE
12-09-2014___24-10-2014______FURTHER EVIDENCE
24-10-2014___05-11-2014______FURTHER EVIDENCE
05-11-2014___13-11-2014______FURTHER EVIDENCE
13-11-2014___26-11-2014______FURTHER EVIDENCE
26-11-2014___19-12-2014______FURTHER EVIDENCE
19-12-2014___26-12-2014______FURTHER EVIDENCE
26-12-2014___05-01-2015______FURTHER EVIDENCE
05-01-2015___13-01-2015______FURTHER EVIDENCE
13-01-2015___28-01-2015______FURTHER EVIDENCE
28-01-2015___11-02-2015______FURTHER EVIDENCE
11-02-2015___19-02-2015______FURTHER EVIDENCE
19-02-2015___04-03-2015______FURTHER EVIDENCE
(though it says FOR TRIAL nothing happened, but providing an adjournment for next date)
(even under FURTHER EVIDENCE nothing happened, but providing an adjournment for next date)
PLEASE HELP
She is unreasonably demanding 50 lacks and she is not steping down even when I tried to mediate through my lawyer. That much money is some thing I cannot even dream of earning even if continue earning for rest of my life. So paying her off is not an option available for me. And as of joining back I have offered multiple times in various lok adalats and she has refused. So this is also not an option available to me.
Is the judge allowed by law to provide so many adjournments. Is thers any clause that puts a upperlimit to the number of adjournments that can be given
saran
22 February 2015 at 02:52
Hi to all,
i am the owner of a immovable property through reg sale deed from a reg GPA dated 2011. now in 2015 i plan to sale that property i applied for EC, i was shocked to see three new entries after my entry of Sale deed date 2011 are reflecting in it -
1) reg GPA is Cancelled
2) reg GPA is given to another person for the same property i purchase through reg sale deed.
3) reg Mortgage deed for 10lak with out possession.
how come its possible i am having the original parent documents, original reg GPA, reg sale deed and from previous owner(Principal) to my name i changed the patta also, now patta in my name and i am in possession of that property too.
all these entries in the year 2014 but my sale deed in 2011.
the person who convey the property to me through reg GPA for the sale of my specified property for consideration of 30lak and i paid the amount fully then through reg sale deed was executed to me 2011. Now his principal cancelled the GPA after 4years of completing the sale deed.
now the person who plan to buy from me is afraid of that entries and ask me to claar that, what i want to do now, whether i am legal owner or not, it is possible to do like this after completion of sale deed, help me.
ashu
22 February 2015 at 02:09
My uncle means my mothers elder sisters husband wants to give me his property.my aunt who is his 2nd wife expired in last sept.they dont have child. But my uncle had 1st wife and one son. He dosent know where are they right now.since last 35 years they dont have any contact.now my uncle mentioned in his will i will get everything after him.He registered that will with 2 witnesses, so if at the time of probet if that son challenge that will. Then do i get that property?
In his will he mentioned his divorce with wrong decree order. Dose it important?
Manish
22 February 2015 at 00:45
Hello Sir(s),
I am buying a property and getting the agreement done. The builder informed me that he will get the agreement done on the e-stamp paper. But at the same time, my colleagues and friends advised about Franking the agreement. I did some check on the net, but not clear information apart from that both are same.
Please help me to know, whether I need to get franking done separately also after getting the agreement done on e-stamp paper or its not required and the document is still valid legally even without franking.
ckanta
21 February 2015 at 23:36
Sir,
Plaintiff has filed suit for partition against Def.1 and 2 seeking partition of his share.Def 2 has claimed adverse possession in his ws and Now he has moved an appliaction uo6 r 17 for adding prayer in relief clause"Relinquishment deed in favour of Def 1 is declared Null and void and to declare him owner by way of adverse Possession "
My query is whether D2 can claim some rightie Declaratory right in his WS without filing counter claim as it is the case of Plaintiff .Def 2 has not filed counter claim till now and trial has begun and Def 1 witness is going on.what is the max time limit by which he may file counter claim taking the benefit of Condonation of delay
Second query is if his amendment is allowed any would it change the basic nature of the suit.
Reply on both the points .
Thanks in advance to all experts who will give their expert advice.
Bharat Pasi
21 February 2015 at 23:24
Dear Experts,
We have a residential complex in Pune which completion certificate was received in June 2013 and builder started to give possession in next 1-2 months. Since beginning we have been promised by the builder for a co-operative housing society in all the meetings. In first commitment he told us society will be formed by end of October 2014 which he missed and again promised in the meeting held in mid November 2014 that society formation and conveyance deed will be completed by mid of February 2015.
When we, proposed working committee didn't see any progress in December 2014 then sent a legal notice to the builder through lawyer by saying either he form the society in next 10 days or we will initiate the process.
After receiving the notice, in next 10 days builder has declared the condominium apartment and now communicated us he has also completed the registration and calling a AGM for the apartment owners.
Meantime we have collected 70% owners signature on the required forms in support of forming the co-operative housing society.
Now we would like to know what is the procedure to Challenge the condominium apartment declared and registered by builder. Having 70% majority in favor of co-operative housing society does have any value.
Awaiting for your valuable feedback and support.
Thank You
Navaneetha Krishnan
21 February 2015 at 20:42
Dear Experts,
My cousin's wife filled Null and void under section 12(1)(c) stating that the boy married without interest and under the compulsion and the marriage was also not consummated.my cousin had agreed that the marriage was not consummated but filed strong counters for fradulent misrepresentation.The trial is yet to begin.The case had completed two years now.
what is the quickest way to end the case?1)If agreeing for nullity infront of the judge is possible? or
2)MCD is the safest way in such case its highly likely the the girl side being money minded would be asking for huge compensation and again had to wait for 6 more months.
Adv M.D.Azhar
21 February 2015 at 20:18
sir, I need to know that A Male Hindu can bequeath his self acquired property to his brother while his legal heirs are in existence? Sir short fact of the case is that, it for the help of the advocate community. Sir One senior advocate was doing practice in our Bar. He purchased one Flat on his name. That Flat was situated elsewhere where his brother was living so he allow him to stay in that house. meanwhile soddenly he got hart attack so he died. after his death the said flat ownership mutated in the revenue record as his heirs. But the problem is that new fact is come out that, the brother of the deceased who was living there (flat) has made a bogus will in his favor which notarized one but looking to the signature it seems bogus. And on the basis of the said will he has given an application to mutate his name in the said property so authority has issued a notice under sec-135-D of the Gujarat land revenue code. Now the son of the deceased need our help so we want to file a complain for the creation of false documents against his uncle, witnesses and the notary advocate. So sir what are the remedies are available to son of the deceased? we are also going to file an objection against that entry. Except this is there another genuine ground by which we can take a good case against him.
aman
21 February 2015 at 20:16
Dear experts
I am a govt. Bank employee, now i am planning to open an electronic showroom to try my hand in business..my query is--:
Can i register for proprietorship on my name.?
And if i make my wife the proprietor..can i be the co-proprietor or joint ..
Will it affect my job anyhow..
Thank you.
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Addition of witness or change of witness status (gift deed)
Sir,
My parents and my uncle have registered their land in my name as Gift Deed . This was signed by the scribe & 1 Witness . The scribe signed as a witness as well, But it is not mentioned in the document that the scribe has signed with both the capacity of a scribe & witness.
Is there any way to correct the same or add an additional witness ? I dont want this to become a complication in future. What should I be doing ?
Pls help