Amit
23 September 2014 at 15:34
Hi,
My DVC story so far in brief.
(1) I own a house but me and my wife never lived in it. She admitted this.
(2) She asked for residence in this house, I declined since she never lived there and hence it's not a shared household moreover it has been given on rent from long time.
(3) Magistrate gave order in my favor asking me to pay monthly rent to her.
(4) She appealed in Sessions court which overruled the magistrate order.
(5) She forcefully occupied the house by bringing police and threatening the tenants to vacate.
(6) We filed for revision in HC and HC agreed that Magistrate was correct and Sessions judge erred.
The order is long but I am copying the final paras below.
. It is made clear if the wife not
occupied already the premises to uphold the order of the Magistrate but for
enhancement of the amount from Rs.4,000/- to a reasonable sum of
Rs.6,000/- p.m. by considering means of both. The revision is disposed of
without prejudice to the rights of the parties to the DVC lis and with a
direction to the trial Court, no doubt subject to existing priorities covered by
any orders of superior Courts to dispose of the DVC as early as possible
preferably within three months.
. In the result, the revision is disposed of directing to maintain existing
status-quo if not occupied already to pass an order or otherwise, upholding
order of the Magistrate thus enhancement of the amount from Rs.4,000/- to a
reasonable sum of Rs.6,000/- but for above with a direction without prejudice
to the rights of the DVC lis and existing priorities before the trial Court to give
disposal of the DVC as early as possible preferably within three months.
My questions:
(1) We're willing to pay the enhanced rent. Can we ask her to vacate the house? If yes, should I file petition with the magistrate?
(2) The DVC is ordered to be completed in three months. Is this followed or these directives are of no use in general?
(3) If I want similar time-limit order in family court, what should I do?
Thanks
sohel
23 September 2014 at 15:15
Sir,
How i can show Mobile recording clip in court- Me & wife discussion on this recording .
In this week i am submit my WR statement in court ,
(1 )I want to write other application for show this phone recording or
(2) at argument time i show directly my phone recording in court .&
(3 ) can i write in my WR statement i have phone recording ?
Pl Advice.
-Sohel
JAYESH
23 September 2014 at 14:08
Sir,
My wife had died and I had remarriaged.
Is their my any right in my wife's property in her maika property ?
If yes, guide. If not is their any right of my children from my late wife.
Jayesh (Surat)
09099287105
Sumedha
23 September 2014 at 14:06
Hi
I am looking a way out for the release of my full and final settlement from my ex employer Lanco Infratech limited. I have been relieved from the services on 19/4/2014 and my dues have not been paid.
Moreover, the HR says that they are in financial trouble and cant release the payment. Internally there are lot of cases where payment has been already made.
Kindly let me know the way out.
yagnesh dave
23 September 2014 at 13:56
a person has taken service tax no as a work contract he can take benefit of cenvat credit on service tax he paid and also on pure labour charges work or not pl explain
Vipesh
23 September 2014 at 13:36
Hi
I have certain queries regarding Pagdi System Room
We live with our family in a Tenanted Room (Pagdi System) in South Mumbai. The Landlord has purchased the building couple of years back & is interested in Redeveloping the same. But he is not willing to make the Agreement with the Tenants. Since we have not given the Consent to him, he has filed a suit against us in the Small Causes Court for Eviction on various grounds.
Of all the Points raised by the Landlord for Eviction, i have Query for a couple of Points
1)He has asked the court for eviction on the grounds that the Tenant is having another Residential house in Mumbai in the name of his wife & that Eviction be allowed to him since the Tenant (my father) can move to the house of my mother.
2) Another point is that the Tenant & his family (including his children) is having good income & is capable of buying another house & so eviction be granted.
My Father is a Retired Person and as such he has no income
Is Eviction possible on the above grounds where there is actually nothing in my Fathers name apart from the said Tenanted Room
Request you to kindly give your input on the above.
Thanking you in Advance
Adv M.D.Azhar
23 September 2014 at 13:25
sir, I need to know that, On the basis of the plea that, co-accused to be arrested. only on that ground remand application can be granted? Accused arrested without giving notice of his arrest, He was caught with theft vehicle, No Name in F.I.R. Police has arrested him. 24 four hours in police custody yet he needs custody, weather is a legal and valid ground for the remand? S.C. court in no. Cases held that application can not be granted in automatically and mechanical manner. Explain Sir along with the judgments.
divika
23 September 2014 at 13:15
Dear Experts,
I am 26 yr old working girl. i want to get married to a person i know. i talked to my parents regarding this also but they denied without giving me a reason.we both r commited to each other. my parents emotionally forcing me to get married to the person they want.Is there anything legally i can do to get married to that person whom i want to. is there any thing in law regarding the forced marriage.I know it is the worst thing to do something legal against your parents.But i cant marry to someone i don't know.
Please help
parminder630
23 September 2014 at 12:47
Dear All,
I have lost my son at the prime age of 35 years. He left behind a son who was just 1.5 years old that time , at present he is 5 years old.
Now my Ex Daughter in law has remarried and has changed my Grandson’s surname and has started using her new husband’s name as his father's name in school .
I am already fighting a court case for guardianship & visitation rights for last 1 year and the matter is pending in the court.
Now want to know what is Law and legally can she change the name of father in school records .What remedy I have against this act of abolishing my beloved deceased son’s name from his only son's identity . My grandson is the only legal heir (Male) in my family to carry our legacy and whereas her new husband has his own 2 kids from his previous wedding .
Please let me know what can I do to protect my Vansh.
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Need guidence
Hi,
I am into realestate fraud.
One on the investement co. in pune had taken 2,lakhs advance from me saying that they are the investor in the realestate industry. Earlier thay had promise me that they will fix a meeting with the builder & prepair a triparty agreement once I pay them a token amount. But now its being more than 3 months time they not doing any progress.
Recently I came to know that they are going to close this company & they have already opened a new co. with different names.
I have there photo id's with me, but the Photo id's are also on different name. Same person having two different name.
There has been an agreemt signed between the investor & me on hundred Ruppee stamp paper.
I came to know that they have cheated many people in Mumbai & Pune.
Please guide me how to deal with this situation. I am having there both types of id's.