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Harish   09 July 2014 at 19:47

Mutual consent divorce and 498a case quash

My wife's side has agreed for a MCD and quashing of 498a, 504 case. The case charge sheet has been filed and I have a hearing this month end. The wife's side are saying that they will come for quash only after second motion i.e. after 6 months. My questions are:

1. Can the case be quashed before the second motion is complete? If yes, then what is the procedure.
2. Can the wife reject to quash the case after second motion i.e. can she turn her back and say that she was forced.

I would like to get the case quashed at the same time of filing the MCD petition. Please advise.

KNK   09 July 2014 at 18:39

Society matter

Hello Sir

In our society there is a flat in the name of a couple (joint owners), both of them have expired. They have two sons and one daughter. Both the sons are living abroad and daughter (married) is living in Mumbai. They have made a will and mentioned that flat should be transferred in the name of younger son only. The elder brother and daughter have submitted a affidavit and NOC in favour of their brother. Nomination form not submitted to society by the owner. Younger son has submitted an application to transfer the flat in his name to society so what is the procedure to be followed by the society.Please explain in detail

Sunny Singh   09 July 2014 at 18:06

What is the fate?? 498a, dv, sec-9

Here are the brief facts:
1 - Girl was 26 and Boy was 21, arya samaj marriage was 2008, Sep after a courtship of only 1month
2 - Girl was earning high than boy and there came differences between them
3 - There used to be verbal & physical fights between them most often
4 - Neither girl's parent nor boy's parent knew about this (more of a live-in thing)
5 - Boy moved out in in 2011 to stay in a PG and continued doing job. Girl remained in the same rented apartment, changed the rent agreement onto her name and continued doing job. No dowry demand nothing whosoever. It was more like staying in a rented apartment and sharing expenses.
6 - They agreed to stay as friend and used to meet weekends.
7 - Girl got pregnant and aborted due to her family not knowing about this in July, 2011 despite boy insisting to still get married socially after informing in both the families. Girl kept denying saying that her elder sister was not married
8 - Boy set up his small start up in 2011 and focused on career..girl focused on job
9 - Meeting weekends and phone calls also resulted to verbal disputes and heated up arguments
10 - None agreed to marry or inform parents
12 - Girl left job in 2012 and was forced to resign due to her behaviour in company
13 - Girl did not join any company and got offered part time jobs time to time from boy - there was no discussion or nothing from either end to marry. Girl insisted not to marry and stay like as they are .
14 - Boy chose a partner to marry in 2013
15 - Girl became violent and filed all the cases against him, his family who never stayed with them and all - 498a, DV, section - 9 , 509 etc with all false allegations after informing her family after 5 years about all of these . All are filed by Husband
16 - Boy's got bail from High Court after trial court rejected it
17 - Girl now not doing job and not doing deliberately.
18 - HC ordred interim payment to girl on giving bail to boy
19 - Boy had filed for Divorce with all materials on records - emails, photos of beatings to him from girl
Need further directions? What is it going to be the fate for the boy?

Raghavan.k.   09 July 2014 at 18:05

Apartment association

Our apartment association is a registered under cooperative socities Act.But the present office bearers have not been duly elected in a general body meeting.They want to file a case against builder in a court for recovery of money.Will the builder put up a defence that the office bearers have no locus standii to represent the associstion and also mi\ove the registrar of socities to take action against office bearers ?














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aarjun vhajage   09 July 2014 at 17:52

138 of nia

Xerox copy of demand notice is submitted along with the list of documents when giving the evidence affidavit by mistake in lieu of original. We have only original postal receipt and xerox copy of acknowledgement of post. Acknowledgement of post is signed by accused of receiving demand notice. But we have only xerox copy of it. I have to prove the demand notice is served. How can I prove?

Summons is issued to post master from where, demand notice is sent. which questions can i asked in chief examination to the post master?

Raghavan.k.   09 July 2014 at 17:51

Sinking fund

The builder of the apartment had collected sinking fund fro buyers at the time of registration of individual apartments.He handed over a portion of the amount to the association with assurance that he will hand over the balance after some months. Now he has given accounts,and the members of association are not satisfied and want to file a case in consumer court.We are told that sinking fund amount is neither service or goods and hence we cannot file a case in consumer court, but can we file a money suit in a civil court ?












LEGAL-CIVIL CRIMINAL   09 July 2014 at 17:00

Consumer court at mumbai.

We have some problem in getting possession of at MIRAA BHYANDER at MUMBAI so which consumer court has jurisdiction in this area.

Air Indian   09 July 2014 at 16:52

Promotions

Respected Sir, I m working with Air India as on the post of service engineer from 22 dec 2005 as a confirmed employee. My first promotion was due after completion of 5 years i.e. 22 dec 2010. In my company promotion exercise is done twice a year & they consider it upto 15 dec only so they had pushed my promotions to next exercise i.e after 6 months. Till that time amalgamation of Indian air lines & Air India had taken place so all promotions got freezed from august 2011 till june 2013. After that, they had released our promotion from the due date but financial benefits had been given from date of taking charge i.e 5 july 2013. this is the first time in Air India's history that financial benefits given from date of taking charge for our category,previously all people got arrears from date of promotions. While my previous batch as well as batches in Indian airlines whose promotions were due before august 2011 got all financial benefits as Indian air Lines was not adopting twice a year Promotion exercise.Plz suggest what should be done for getting our arrears for those two & half years.

ashish   09 July 2014 at 16:08

Renting money on intrest

i am interested to lent money to one of my known person against interest. so what should i write on stamp paper and other formality that i must take care for safe heaven of my money.

ajaya kumar tata   09 July 2014 at 15:08

Terms to be used in promissory note

Hi Sir, I had worked in a private real estate company and the proprietor of the company is due the 7 months salary to me, and now he is telling he will write promissory note for the equivalent amount.

Can we take promissory note for that amount
due?

If yes what shall be the terms or wordings used in the promissory note?

Please guide me in this issue.