VAKEELSAB
13 November 2014 at 22:55
Hi Seniors,
Wife files a maintenance case against husband in the year 1994 and later in the year 2004 the matter was refered to lok adalat and there by the matter was compromised and the wife waived the arrears of the maintenance and joins husband. Now in the year 2014 wife again files a petition claiming arrears of maintenance from 1994 to till date. Wife pleads that the LOK ADALAT award is not binding on her.
Whether her petitin is maintainable as she pleads that though the award is passed her maintenance claim is not closed.
Regards
Jeevan
khusbu....
13 November 2014 at 21:57
Hello members.....
I came to know that wife can do temporary job while case is going on..as iam nt able to bear expense...because my husband is nt giving maintence and if he gives he nt give in regular basic...In dv act case maintence is decided by court...i also get residental right in dv case...bt my husband is living in rent...even he is nt paying eletricity bills,gas cylinder etc.. sir pls tell in such circumstance what should i do..pls guide..
Nitin
13 November 2014 at 21:56
Dear Sir,
my wife file crpc 125 for my minor children. and family court granted 2500 rs to my minor child.. my wife is government teacher and she is earning more then 20000 per month..
i have challenge the family court order in high court...
first hearing in high court granted Stay...date 24/09/2014
below order
ORAL ORDER
1.The applicant husband challenges the order dated 27.05.2014
passed by the learned Family Court No. 2, Ahmedabad in Criminal
Misc. Application No. 1391 of 2014, whereby the Court has awarded
interim maintenance of Rs.2,500/ to the minor child from the date of
the application till its disposal.
2.Heard learned advocate for the applicant.
3.At the time of hearing, the learned advocate for the applicant has
submitted that admittedly respondent no. 1 – wife was serving as a
Teacher and her monthly income is Rs.20,000/ In this regard,
attention was drawn to true copy of the passbook wherein the salary
for the month of June, 2014 is credited in the account of respondent no. 1 – wife from which, it appears that the monthly salary of
respondent no. 1 – wife is Rs.20,558/. It was also submitted that the present applicant is jobless and at present the applicant has no source
of income. The trial Court has passed interim order of maintenance on
the ground that the minor child is a child of the present applicant is not
in dispute and the applicant is duty bound to maintain the child.
Further it appears that the trial Court has erroneously believed the
monthly income of respondent no. 1 – wife at Rs.5,300/.
4.Lastly, it was submitted that respondent no. 1 – wife is fairly
welloff compared to the applicant – husband. It was also pointed out
that the applicant is mentally disturbed and in this regard medical
papers are produced. Attention of the Court was also drawn to page 49
of the application, wherein RMO, Civil Hospital has made remarks :
“Kindly certify that patient with following details is suffering from
major depressive disorder currently on treatment from Civil
Hospital since 26.12.2013 and advised rest till 30.04.2014.”
4.1.It was also submitted that criminal machinery is initiated only to
harass the applicant.
5.In view of the above, t
he matter requires consideration. Notice
returnable on 10th November, 2014. Mr. Raval, learned APP waives
service of notice on behalf of the respondentState.
6.Interim relief in terms of paragraph 6(D) is granted till the next
date of hearing
On next day date (10/11/14) hearing high court disposed my application Below order Copy
Interim order of maintenance under Section 125 of the Code of Criminal Procedure is sought to be
challenged in this Revision Application. This Court is of the opinion that normally no revision can be
maintained against the interim / interlocutory orders, when the disputes between the parties are yet to be addressed finally by the lower Courts in the main
petitions.
Under the circumstances, this revision
application is not entertained with a liberty to the
petitioner to raise all the contentions sought to be
raised herein in the main petition before the Court
below. Accordingly, this revision application is
disposed of. Interim relief granted earlier shall
stand vacated.
My Question..
1. what to do next.....?
2. can i challenge this order in supream court if yes then what is the time limit...?
3.please provide me any other advice?
sowmya
13 November 2014 at 21:55
Respected Experts
Is there a procedure to request for adjournment of the court hearings for 6 months in a family case, due to non availability of one party to a family case , due to work necessity out of the country for that said 6 months?
Please advise
thanks
Sahil Vatsa
13 November 2014 at 20:19
I wish to get a Land (1050 Sqr Feet) in Patna (Bihar) and recently I got court agreement also. The Owner of the land lives in Delhi with his family and that's his ancestral property and so his elder brother has position on his land right now.
When his elder brother came to know about 'Court Agreement', he wrote on Land's Wall that 'An title suit is going on this land'. I contacted with his elder brother, he told, he lodged a title suit on his brother for that land and so I can't buy that now, but he refused to tell me the reason of the suit. I informed the Owner of the land also as he lives in Delhi but he says, he has not received any notice regarding the suit. I contacted with my lawyer, he queried in the court if any case/suit has been lodged but there is no suit. Now the land owner is ready to register the land but I am a bit afraid in case there is any suit on land. Please sugget me what should I do now?
shubhra
13 November 2014 at 19:52
i was sold a property two property dealers.
1. Agreement to sell was done by one Mr. H to me and Mr. S was the Witness in the said Agreement to sell in year 2008 for one plot out of a chunck of lanf.
2. I made full and final settlement of payment and a final receipt of full and final payment was done. On this Mr. S is the witness.
3. Since the registrations as small plots was prohibited for the said land i could not get the land registered.
4. Now have come to know that Mr. H was not the owner but his sister in law was the owner.
5. Sister in law of Mr. H has issued a power of attorney in favour of Mr. S who was the witness and the dealer in the case for the complete chunk of land.
6. Mr. S has already executed the registration on using the said power of attorney in favour of some other cliend for the entire chunck of land. I have got the jama bandi and the sale deeds.
Please advise what legal remidy I can take.
joydeep chatterjee
13 November 2014 at 19:13
I am attached with a nationalised bank.I need your urgent legal suggestion in the following matter.
One of our loan account was classified NPA on 31.03.2013.after that bank issued notice under 13(2).
after laps of 60 days bank took symbolic possession of the mortgaged residential property.after that also borrower did not pay.
in December 2013 bank published e-auction notice giving statutory 30 days time.but no bidder came and sale was cancelled.
again on 03.08.2014 bank issued sale notice and sale date was 05.09.2014.
This time the auctioned happened and purchaser paid full sale price as per norms.Bank issued sale certificate to the purchaser on 23.09.2014.
Now the borrower contacted and requested the auction purchaser to forego the auction purchase since it is the only residence the borrower is having which the purchaser considered.
now both auction purchaser and borrower wants to amicably settle the issue and borrower will give 5 lacs more to the purchaser as per their mutual agreement over the auction price.
now both of them requesting the bank to mutually settle the issue.
purchaser told us that he will return the original sale certificate to bank and will give one undertaking/affidavit that
henceforth he will not have any claim/right on the auctioned property and the same can be returned to the original owner.
looking at the borrower's request and purchaser's willingness can bank/authorised officer mutually settle the issue?
If Bank can do then what will be the legal process bank should undertake by which bank will be safe guarded in future against any litigation.
This is to further inform you that the property was sold in Rs. 27.00 lakh and bank's due was Rs. 16.00 lakh. The rest Rs. 11.00 lakh is lying with the bank which bank is liable to pay the borrower.Bank only issued sale certificate but registered sale deed has not been executed in favor of purchaser.
Sir, I understand that i have made a long writing but i want all to understand the issue thoroughly.
so i request all the expert to convey their opinion urgently as bank is willing to settle mutually but after safeguarding litigation.
Thanking you in anticipation.
navin
13 November 2014 at 18:58
i am holding a moneylending license in karnataka.my query is people leave (vehicle possesion)there bikes & take loans from me,few days back the registrar of money lending officer told that lending money by pledging vehicles doesnt come under money lending act.please let me know what license to be taken to pledge the vehicle with us where vehicle possesion is with us so that no future hurdles come in future.
omprakash agrawal
13 November 2014 at 18:53
There are four Tanents having different buisiness . I was filed cases for fixation of rent separately on each tanent . Trial court gave a common judgement for each of tanent separately .Can they file a common appeal jointly in appealate court ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
importance of oral allegation in 498a complaint
My cousin's brother' wife has filed DV complaint and 498A against her husband, in laws and also against me. Her allegations are oral and routine in nature without any documentary proof. She alleged about physical assault by her husband, in laws and also by me. Thereafter making compalint 100 and written complaint to police. Till date documentary evidence i.e police diary report or written complaint filed after a lapse of almost more than 2 years. FIR is registered u_s 498, 406, 34 and IO filed chargesheet against us without diaclosing any material evidence against us except statement u_s 161. In fact her all allehations are never happened and does not exist. I am surprise as to how the IO has filed chargesgeet for those offences which actually never exist at all. Matter is listed for scrutiny of document and argument on charges. IO also wrongly mentioned my residential address as the address of her husband. My query - remedy available for me. I have RTI information provided by police saying that no incidence as alleged by that girl had ever happened, no 100 no. Call and no written complaint against me.