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True_Fighter   14 October 2014 at 15:09

498a, dp act & marriage annulment : consanguinity

Hi Learned members....

Request you to help me to handle, analyze and solve this case

Situation of the case in short
A: Women
B: Man
PW1: "A"
PW2: " A's" mother
PW3: "A's" father

1: A married B, parents from both sides were not aware of this marriage.

2: Relationship between A & B falls under prohibited degrees of relationship as per Special Marriage ACT (1st Cousins)

3: When parents from both sides got to know about this secret marriage, parents from both the sides opposed for this relationship, however...."A" and her team ended up filing 498a and DP 3/4.

4: "B" was arrested and released on bail after spending few hours in JC.

5: Trial of 498a, DP 3/4 has started and PW1, PW2 & PW3 have to come and record their statements.

But PW1, PW2 & PW3 are proposing MCD during out of court talks.

As the relation between A & B falls under prohibited degrees under Special Marriage ACT, MCD stands no good. Divorce/MCD is applicable for valid marriages only and not for consanguinity.
(Correct me if I've mistaken)

I request the learned members to share a draft copy which can be used for annulment process under consanguinity. And also necessary citations.

Looking forward for valuable feedback and the draft copy as-well.

gopal   14 October 2014 at 14:51

Requesting guidance on execution application

Respected Experts,

my humble pranams

I have filed Execution petition before the District Consumer forum

after few hearings the JD came and show that the JD applied appeal

so the Judge pending the execution case and later disposed of.

now the state commission appeal is infavour of me so i would like to restore the Execution application again.

Kindly guide me how i can restore the Execution Application

What i have to submit to restore the Execution application.

thanks and regards
gopal

ramji kumar   14 October 2014 at 14:49

Nomination

My mother is owner of a house for 30 years in a co-operative housing society in Gujarat. Now She wants to register/record nominee for this house, to enable smooth transfer of house-ownership after her death. (1) Please inform us What are the step by step procedure. (2) From Where we can find nomination form, if required (downloadable ?)? (3) What is draft matter if a letter/affidavit is required ? (4) Where/to whom to submitt this papers ? (5) Also inform any other papers, needed for ownership-transfer in nominee's name, after owner's death.

trumit sumaria   14 October 2014 at 14:40

Interim maintainence

i want to reduce the interim maintainence, should i go for revision or appeal and under what section. the order is passed u//s 23 of dv. moreover i dint know that the order was passed 2m back as the case had come to a halt. what to do in this situation it is a delayed for appeal or revision? pls help its urgent

Ramanan   14 October 2014 at 14:19

Working on daily wages-service terminated

My sister has been working with Kerala state financial eneterprises ltd,(KSFE)a company owned by Govt of kerala under daily wages basis from June2000 at a brnach of the compnay at Kannur district.
She used to get her wages by way of cheque and encashed across the counter at the bank.

Effective from 1.0.14 she is not going to office as per instruction from the branch manager they have stopped daily wages employees.

Is there any chance of getting the employment back or benefit for service extended for 14 years?

Monika Negi   14 October 2014 at 13:45

Rights of tribal people of their land

what are the rights of tribal people regarding their land. As J.P industry has built its number of projects in Kinnaur district (ST Region) of Himachal Pradesh leaving the beautiful place with dirt and ecological imbalances. Due to the construction, roads conditions have become worse and the landslides have common in the area. Even though govt gives consent for the projects but the innocent villagers are manipulated to give their consent. i would like to know about their rights and what can be the appropriate steps to be take so that i can help my people to save our land, its unique culture and its beauty.

GR Gupta   14 October 2014 at 13:16

Deduction from ibms

Dear Sir,

I have purchased a flat in Gurgaon (Haryana). The builder has charged Interest Bearing Maintenance Security Deposit @ Rs. 60/- sqft. for this flat. I am getting simple interest
on this Deposit. Three years back a STP Plant was installed in our Society. Now in the name of expenditure incurred on
upgradation/addition of capital plants/equipments, a sum of Rs.15000/- has been deducted from my IBMS Deposit without intimating me

Please advise me whether such deduction is legal and if not, what action can be taken against the builder.

sankar Krishnamoorthy   14 October 2014 at 13:10

Partition suit-unregistered will.

DEAR EXPERTS,DUE TO SOME SPELLING MISTAKES I AM REPEATING MY QUERY FOR THE SECOND TIME.KINDLY FORGIVE ME.

MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS
HAVING 2 WIFE. I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE
YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN
THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL
VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS
BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS
MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE
OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT
AN UNREGISTERED WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY
WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND
WIFE,AND AFTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING
THEIR SON AS A GUARDIAN.

THEY HAVE NOT GONE FOR PROBATION OF THE WILL TILL DATE.CAN WE FILE A CAVIET PETITION IN THE HONORABLE HIGH COURT?

THEY ARE ALSO TELLING THAT THEY ARE HAVING PROPERTY TAX AND UTILITY
BILLS IN THEIR NAME .HOW IS IT POSSIBLE WITHOUT THE PROBATE OF THE
UNREGISTERED WILL IN THE HIGH COURT?

HOW CAN WE GET THE COPY OF UTILITY AND PROPERTY BILLS?

WE DON'T HAVE THE SERVICE NUMBER FOR ELECTRICITY.

WHAT ARE OUR CHANCES IN THIS SUIT?

PLEASE GUIDE ME EXPERTS.

THANKING ALL OF YOU.

rakesh   14 October 2014 at 12:47

Reserve price under serfaci act

There is a order passed by DRT, Jabalpur that the mortgage property could not be sold less than 2 Cr., But bank failed to sale the said property on the price fixed by DRT. Now can bank sold such property in less than 2 Cr. without getting order from DRT and upto what extent bank fix the reserve price less than the price fixed by DRT.

sankar Krishnamoorthy   14 October 2014 at 11:52

Partition suit

MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND A?FTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING THEIR SON AS A GUARDIAN. IS UNREGISTERED WILL IS A LEGALLY VALID DOCUMENT?HOW CAN WE PROVE IT IS FAKE ONE?THERE IS NO ANY PROBATE OF THE WILL SO FAR.NOW ONLY THEY SAID THEY ARE GOING TO PROBATE THE UNREGISTERED WILL IN THE COURT,AFTER 20 MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND AFTER HER DEATEH IT WILL GO TO THE GRAND CHILDEREN,KEEPING THEIR SON AS A GUARDIAN. THEY ARE ALSO SAYING UTILITY BILLS AND PROPERTY TAX BILLS ARE IN THE NAME OF THE SECOND WIFE.HOW IS IT POSSIBLE WITHOUT PROBATE OF THE WILL IN THE COURT?HOW CAN WE FIND PROPERTY TAX AND UTILITY BILLS ARE IN THE NAME OF SECOND WIFE?WHAT IS THE LEGAL REMEDY?WHAT ARE OUR CHANCES ?