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bhanudassss   10 September 2014 at 12:22

Contempt in temporary child visitation order

In DV case by wife,I filed application for temporary custody of my daughter (3 yrs). CJM rejected my request for temporary custody by mentioning in the order "father is at liberty to visit the child since morning to 5.30 pm on day of hearing". Wife brought child on first occassion; child played with me and had good sleep on my lap. Noticing this on advice of lawyer and others wife stopped bringing child in the court. Thereby, I filed many applications in the court requesting smooth visitation and action on wife but court did not take any action. Therefore, I filed separate contempt petition in the same court requesting reference to HC action for disobedience. Court did not even issue notice to opposite party and adjourned the matter many times without any action. So, I wrote application to the Principal District Judge requesting action in this regard. Then CJM dismissed my contempt petition by givin reason in the order that statement "father is at liberty to visit the child since morning to 5.30 pm on day of hearing" does not mean that custodial person (wife) was ordered to bring the child in the court on day of hearing hence there is not disobedience. It only means that father can visit the child if the child is brought in the court on day of hearing and wife may or may not bring the child. CJM has clarified or interepreted this after 3 years and child is now about 7 yrs.

Enlightened with this interepretation many questions arose in my mid which are as below---
Is the interpretation logical and correct?

If the interpretation is correct then, why does the courts make orders which are not binding on custodial parents?

Many courts make orders eg. interim order in my child custody petition, with statement "father is entitled to visit the child ....place ....dates.... time...."
Does it mean that these orders are also not binding on the custodial parents?

Awating reply,

Bhanudasssssssssss


AKULA RAJASEKHAR   10 September 2014 at 12:21

498 a

Dear Sir.,

My wifie left from me on 29.08.2012.,after that she made Maintance case also.,later i sent legal notice to her for Join with me on 25.10.2012.,she received that copy and she didnt given replay and same she didnt came to join with me.,

We filed Divorce case in Jan 2014.,its running in concern court also.,she attended once to the court.,

Just couple of days back she made complaint against me @ concern police station like my husband hearesing me and he didnt taken me for stay with him.,


She left 2 years back from me and we given legal notice also.,she didnt came back as well as she didnt given replay.,

My Question is:-
Is there any chances to file case against me now?Why because its already 2 years over.,she is not with me.,As per supreme court orders 498A cases mostly misusing now?

Now Divorce case is running.,maintenance case is running and we filed Cheating case against her also.,

Plz give ur valurable suggestions?

Regards,

Sekhar

Raman   10 September 2014 at 11:52

Potency test for male and virginity test for female

In matrimonial suits/divorce proceedings. I have the following 2 queries

how to check potency test for male what test are required by male to prove he is potent?
and how to decide female virginity ??

Thank you

Anonymous   10 September 2014 at 11:51

Gratuity

Dear Councels I am working in a private limited company for the past 8 years. Planning to quit. There is nothing mentioned in appointment order or review appraisal letter about gratuity. It just mentions my CTC amount. Pay slip also does not mention about gratuity. Heared from my senior staffs and HR that my company does not provide gratuity. Its an ITES BPO employing over 1000 staffs. Please advise my options if in case gratuity is denied.

dhan   10 September 2014 at 11:39

Sister signed in a bond paper.she will leave the house within 11 months

My sister signed in a bond paper she will leave the house in 11 months.but we have not registered it.is there any validity for that paper.now she is staying in my house as care taker

Dinesh Jangid   10 September 2014 at 11:34

Non banking financial company(nbfc) applicabilty

Dear sir my query is
if a company fall in principal business criteria for NBFC during the year i.e. is its Financial assets exceeds 50%(loans and advances) of its total assets and its income form financial assets (loans and advances) exceed 50% of its total income and if company did not get Certificate of Registration form RBI so far, than what steps have to take by company?
Is company have to stop operation and take COR as NBFC?
Is there any non compliance's or if yes than effect and remedy available to company?
Please provide if any relating provison.

Ravichandra   10 September 2014 at 11:27

Regarding govenment rules

Dear Sir,

Can some one tell me if there is any rule as per indian constitution/ government rules / court verdict which says that both husband and wife should be appointed at same location if they work for same government organization.

Lets say If my Wife is working in INDIAN railways at Visakhapatnam location, Is it mandatory for government officials to give me posting at Visakhapatnam location only If I get selected for indian railways ?

Will it work this way ? Can I claim that my wife is working in visakhapatnam location and so you please give me posting at visakhapatnam location only as that particular department accounts is available in visakhapatnam also.

Can some one clarify me ?

Dinesh Jangid   10 September 2014 at 11:20

Allotment of share

Queries
Dear sir my queries related to provision of The Companies Act, 1956 are as follows:

1.The some member of the board of the company has made allotment of shares in an illegally conducted board meeting without receipt of share application and money by the company.

2.The EGM has been held with shareholders, whose allotment was illegal/void i.e. those share holders from whom no application and money for share allotment received.

3.Some member of the board of directors transferred the shares to other persons without receipt of shares transfer form along with share certificate by the company.


So in the above queries what are the penalties to be levied against company as well as defaulting directors/other directors of the company?

What remedies are available to shareholders and other directors of the company, who are unaware of the aforesaid act?

What are legal actions can take against the defaulting director by shareholders and other directors?

Please reply urgent.
Thanks & regard

Anil   10 September 2014 at 11:09

Two directors with exactly 50% share holding - private company

In most of the private companies where there are only two share holders and two directors, I have observed that the shareholding will not be exactly 50% but it will be 51% and 49%.

Is there any reason why it is normally not exactly 50% each?

mehul   10 September 2014 at 10:56

Advise

Dear sir,

I m getting flat at discount rate in Mulund, but the issue is developer has only register development agreement and for further approval developer need fund and for that he is asking 40% black. He is ready to give notarize allotment letter. pls advise it is safe to do so and if not then pls give alternate option.

Regards