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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Suraj Kumar   14 November 2014 at 07:14

How to convert monthly maintenance to one time lump sum alimony ?

1. Wife living separately from husband.
2. Wife refuses to live in the family of husband.
3. Wife claim maintenance from husband.
4. I have seen some judgments where judge offer two options to husband either to pay monthly maintenance or pay one time lump sum. e.g. husband will pay Rs 2000 per month as maintenance or onetime Rs 300000 as permanent alimony and husbands liability of pay maintenance will end.
Questions:
1. If husband wants to pay one time lump sum in spite of monthly maintenance without mutual divorce (wife did not want mutual divorce) then how to proceed?
2. If husband desire to pay lump sum then is there any adverse effect e.g. judge may think husband is richer.
3. How to convert monthly maintenance to one time lump sum alimony in court?

Pravin   14 November 2014 at 02:41

Mental torture

Hello

This is for one of my friends, his team leader is mentally torturing him, he does not give him leaves that are allotted to others, behaves with him in a diffrenet manner, dominant as he has all the data to prove him correct etc, can this be reported to police?

priyank   14 November 2014 at 00:59

Trademark

Sir,

How i can get a propriter code under trademark, because only after getting propriter code i can login to trademark site ?

Akki   14 November 2014 at 00:10

Partnership fraud- can case be filed in bangalore?

Hello Experts,

My mother entered into a partnership agreement for purchase and sale of land in Jharkhand with another Individual few years back with an initial investment of Rs 2.25 lacs. The other partner sold the land without my mother’s knowledge and didn’t report the profits, claiming there was no buyer available. Later, this fraud was unearthed and we asked the other partner to give us back capital and profits, which he denied and threatened my Mom with life consequences.
My Mom and Dad, both Sr. citizens and retired were scared; hence we shifted them to Bangalore sometime back. We’ve already filed a police complaint but no action has come up yet.
Few other points to note:
1. There seems to be an error in drafting the partnership deed as it doesn’t have any profit sharing clause. Instead it just has the capital investment amount given to the other accused partner for purchase of land in equal shares.
2. The Partnership deed has not been registered with the Registrar of firms.
I would want to know if I can file a case against the accused partner in Bangalore and if yes, then on which grounds? Also, how do I recover the capital (+Interest) and the profits from accused?

Many thanks.

SATINDER   13 November 2014 at 23:13

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.

VAKEELSAB   13 November 2014 at 22:55

Sec 125 crpc lok adalat

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

can wife do temporary job while case is going on.....

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

False crpc 125

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

Adjournment of court hearings

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

Afraid to get registry of the land

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?