Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sudhakar   29 May 2014 at 07:18

Stay orders on maintenance case against null and void case

Respected Experts...

I filed in family court against my wife u/s 12 (1)(a) in Hindu marriage Act on 25 . 03 . 2011 stating that marriage is null and void because of my wife may suffering from temporary or curable impotence and no conjugal bliss from her in which she stayed only 15 days from time of the marriage date. i.e. 15 . 10 . 2010 to 31 .10 . 2010. She left the matrimonial home on 31 .10. 2010 and never returned back till now.

On 12.04.2012 my wife filed for maintenance case as per section 125 crpc against me in the same court. Now the case is at the stage of filing evidence affidavits.

Now my question is... As basing on some citations of supreme court and some other high courts, Can I file for stay petition on maintenance case which she filed to stop the process because when marriage is null and void then wife is not eligible for maintenance, so untill null and void case get declared there is no question of maintenance... Can I file for stay petition on maintenance using these petition and counter copies..

Please help me...

Vijay Kumar   29 May 2014 at 00:39

Nomination


Sir,

Please write me in details about nomination. ie.This folowing message of answer is according to the law/rule/act number with.

One of the nominee is our broghter. He
has withdrawn full amount from bank. Bank also given the full amount of balance to him.

What I understood for this following reply
is that he can not withdraw amount from bank or etc. other amount.

Thanks

Vijay.


HOW TO GET SHARE IN PROPERTY PARTITION.

SIR HOW TO FILE A CIVIL CASE OF SUCCESSION IF A WOMAN HAS DIED INTESTATE LEAVING 2 SON AND 4 DAUGHTERS BEHIND. IF 4 DAUGHTERS WANTS TO GET EQUAL SHARE IN THE PROPERTY OF DECEASED MOTHER WHAT IS THE PROCEDURE TO FILE CIVIL CASE FOR THIS. IF THE PROPERTY IS FIXED DEPOSITS IN BANK CAN 2 BROTHERS GETS THEIR RIGHT IF THEY HAD BEEN THE NOMINEE OF THE FIXED DEPOSITS(FD) OR FD HAS TO BE SHARED AMONG THE ALL BROTHERS AND SISTERS EQUALLY. AND IF BROTHERS WANTS TO SHARE FD AND OTHER CASH PROPERTY AMONG THEM DO THEY REQUIRE ANY COURT ORDER TO SHARE FD AND CASH OR LETTER OF RELINQUISHMENT HAS TO BE OBTAIN FROM SISTERS.



Dear Client,

Please note the nominee is only a custodian of the property on behalf of the owner after his death and not at all is a owner of that property.

In this case you have to file a civil case of declaration, partition and possession of the property in civil court of the local jurisdiction, submitting details of all legal heirs of the deceased along with their addresses and relation to the deceased and the full detail of the his property.

After the publication and notice, in the absence of any objection if not filed by any one, a declaratory decree will be passed by the civil court stating that the these are the surviving legal heirs of the deceased and the property be equally divided among the all of them. Thus all brothers and sisters will get the equal share out of the FD and Cash.

In case any one of the legal heir wants that his/her share be relinquished in favour of the any one else among the surviving legal hairs he or she can do so as per his/her sweet and free wish & will.

For further legal assistance on nominal charges, you can have my Phone Number and Office address from Path Legal by simply clicking "TALK TO THIS ADVOCATE".

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on Path legal site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Anonymous   28 May 2014 at 23:28

Brief Explanation of term

Paghdi system in purchase of house

vijishankar   28 May 2014 at 22:45

Ibps

Respected lawyers,
As u all know IBPS is conducting examinations for the recruitment in public sector banks and others...
1.the organisation conducts online examination on different dates with different set of question papers all over india...but they say they equalize the marks of different question sets...similarly the interview is conducted on different days (continuously for 10-15 days)by different panel of members( atleast six panel with 5 interviwers in each panel)in each district..in each state...to be clear ..on a single day the candidates from a particular zone are interviewed by six different panels..thus there are differences in interview marks within the zone itself and also differs in district and state...though two candidates have secured the same marks in written marks...the average marks awarded in interview in each state differs and so one of the candidate gets lower marks after combining both written and interview marks...

2.IBPS has declared results and have released the reserved list which consists only 10% of candidates..they have clearly mentioned that those candidates who are not in reserved list are not considered for further vacancies...according to the vacancies filled and the average percentage of people who will not join this 10% is less..we need to know what IBPS will do if vacancies are created above 10%...already a case has been filed in patna high court can anyone tell me for what purpose the case is filed?token no is 030398/2014..

whether we need to file a case against IBPS for their partial interview process and the 10%reserved list issue again or this case is enough?..

tarun   28 May 2014 at 21:58

Mutation entry denied in case of Owner died in testate .

Sir,

My grandfather's Brother & his wife died in testate & without any heir.
Now how my father & uncle being the only survivor can change mutation entry in their name of an property which is as of today reflcting the title in the name of grand father's brother.

1. If patwari & tehsildar denies the change in mutation to my father's name than what is Remedy available to us??

RAJESH CHOPRA   28 May 2014 at 21:24

Rti application on else's cheating complaint

Sir,

Can I file an RTI application asking police for action taken for a cheating complaint filed by some other person which is pending with them for last 11 months.

If yes, Do I need to file a separate RTI application asking as to why no action has been taken in case I recv reply fm police that application is still pending or this question be included in the first application itself.

Thanks

Daljit Singh Mann   28 May 2014 at 21:19

Non appearance of plaintiff

Respected Sir,
A Plaintiff filed a civil suit for declaration in March2011 and defendants filed the written statement in August 2011. After availing the various opportunities, plaintiff did not appear for evidence. Now after 4 years and 6 months after the filing of written statement, plaintiff/ counsel for the plaintiff filed an application under order 6 rule 17 of CPC for amendment of plaint. My queries are -
1. Whether application filed by plaintiff is maintainable at this belated stage.
2. Whether the defendants can file an application for the dismissal of suit due to non-appearance of plaintiff.
Please tell me the relevant Order/rule. As I think any rule of Order IX will apply here.
Thanks.

yudi   28 May 2014 at 21:19

Security money at college

Hi ,
I am a pass out from Ajay Kumar Garg Engineering College this year . The college takes 10000 Rs as college caution/security money and 5000 as hostel they return the sum after 5 years(a year after we leave college) with no information on where the interest went for these 5 years. In addition 2 to 3 thousand is deducted from the sum.

In addition the cheque which they gave me returned with the reason drawer signature mismatch . addition 500 were debited from my account . what should i do?

M Selvasekaran   28 May 2014 at 18:51

Can i file a case

Sir,
I am a native of Tamil nadu. . I am a Central Government of working as a Store keeper in Military engineer services at Chilka in Orissa. I am Appointed on 29 Nov 2008 & till date working in same place for more than 5 years. Chilka is a Hard Tenure Station from 2009 to 2012 ( for Four Years). My present station is 1800 km from native place, so they have to count my tenure liability but not counted. I have served in that period But my Tenure Has not been Considered. Now I was posted to Jaisalmer as Tenure Posting. As per rule If a person Served in tenure posting has to go Peace Station, But i was again posted to hard tenure. What can i do for that , Can I Lodge a complaint in CAT, Please explain How to tackle the Case. If i am Lodging a case where have to lodge the case (in Duty station, Chennai or anywhere in India.

supreet singh   28 May 2014 at 18:46

appropriate sections

Some persons (7-8) attacked on my family members (4 persons) when i was out of station and due to which 3 persons of my family was fractured. One person even was kept in ICU for 3 days after the operation of the fracture.
Kindly tell me under what appropriate sections should police file the case. As i dobt that police is trying to put simple sections to protect victims