Nisarga Krishna
17 February 2014 at 17:18
thank u for your kind reply...
and i need an another information sir... when im applying for passport should i mention my new name(nisarga) or the documentary name(baby)... please help me out in this sir...
or how can i give my identity to the passport verification..
Abhimanyu
17 February 2014 at 17:03
I got married recently. It was an arranged marriage jointly organized by both parties. The very first day after my marriage I came to know (after scanning my wife’s mobile phone) that my wife had an affair and she was in a live-in-relationship with her boyfriend, and this was continue even after our engagement for a period of 2 months till our marriage. During this period she continuously lied that she is staying with one of her female friend and me too believed this and didn't inquire too much.
Eventually she told me that she need some time to forget all these and lead a normal life, but instead of these she started behaving aggressively and quarreling unnecessarily over trivial issues.
She used to watch TV for long time, always talking over mobile phone with her friends, not cooking food properly and on time, forcing my old age mother to cook etc. She had severe migraine also for which she used to take disprin tablet every time .
Her behavior was also very bad, she used to talk for long on her mobile with her friends/relatives ignoring my presence, and whenever I tried to stop, she quarreled. Even I had to go to kitchen to serve food myself. Sometimes she used my laptop for chatting/emails and to hide her activities she used to delete everything including my important files used in my IT business. In the meantime I again caught her talking to her boyfriend on mobile for which our whole family scolded her and threatened to lodge an FIR, she again cried and promised she would not do it again and pleaded not to disclose this to her family members.
My mother used to scold her sometimes over her activities. But whenever my mother used to scold her she would simply call her mother and exaggerate her everything.
She always used to force me to purchase a flat in any metro cities (while I'm having a 3 story house and a nuclear family), not cleaning up my room properly and used to make my room a mess. Sometimes she even asked me to sleep on the floor.
We sustained for two months and recently she fought over wearing jeans pant and quarreled unnecessarily. We had a heated arguments and finally she started collecting her stuff, clothes, jewellery and everything including a hairpin. After 3-4 days she called her mother and brother and without discussing anything left our house. At the time of leaving we asked her to give it in writing that she is leaving our house, an affidavit was signed by her where it was mentioned that she is leaving our house with all her belongings due to her personal problem and with proper consent of her parents.
After 3-4 months, their family members came to my house and said we have tortured her daughter hence she needs divorce and fought unnecessarily and asked for money spent on marriage and reception. It was an arranged marriage without any dowry and both parties had contributed equally.
What options do I have right now? Please guide.
simran singh
17 February 2014 at 16:58
If counter claim is not filed by the defendants and the issues are framed. Is it detrimental to the case?
Mrs.n
17 February 2014 at 16:51
Brief Fact (Residential flat matter -)
There is a residential flat of apprx 245 sq ft in malad SRA area of Mumbai.This flat is in the joint name of Son (X) and mother (A) who are staying at other place nearby.Since son has got divorce from his wife (Y) ,their minor son (Z) and his wife are staying in this flat as per court order pursuant to their divorce. The terms of the court where his wife and minor son both can stay in the same flat till minor son becomes major and if wife buys a new big flat than that flat should be in name of 50 % of their minor son to protect the interest of minor son.so actually the wife is mere trustee and the rights are belonging to minor son and this will right become absolute when son becomes major.
Now, son is happily remarried to another girl and have one daughter and and HIS EX- wife from whom he got divorce , wants to remarry so she wanted to sell the flat .The neighbour of this flat Was interested in this flat as his additional investment and since he was knowing that this matter is in bit complication under court order and all that , he fixed a meeting and taken all of the family members ORAL approval together that no body has any objection in this flat and neighbour will get peaceful title and possession of flat.The big mistake done by neighbour here is he took oral approval and no paper work done for this approval.
****main twist starts here ****
The neighbour purchased the flat , all the papers are signed , the wife and her minor son also moved in their new flat etc.
Now the son have sent notice to neighbour saying that the wife was mere trustee and had no authority to sell the flat .
The neighbour is in real soup as out of trust and mutual relations he did not took NOC etc in writing .
The most important thing he has done now that since he was staying exactly adjoint to this flat and this property was additionally bought , he shifted to reside in this disputed property so that he has at least possession.
Please suggest remedies for neighbor.
1) what immediate steps he should take for taking approval of all the members and make this property trouble free
2) What section/ etc he can invoke to reply the notice
3) How he can get out from this mess and resell the property.
navin
17 February 2014 at 16:48
Respected all,
Complaint u/s 417,420 of IPC has been dismissed by Trial court.
Under which section Appeal can be filed before session Court.
thanks in advance.
santhosh
17 February 2014 at 16:00
Is any recovery can be done in pension. (after retirement of employee).
Damayanti
17 February 2014 at 15:59
Please note: this is not a query about transfer application/transfer petition.
A case going on in Family Court.
Family Court judges passes controversial Orders one after another.
Litigant makes complaint directly before high Court registrar (complaints registered but these complaints are investigated in secret manner).
I am not sure whether the litigant shud have filed the same under relevant Articles such as 234 to 238 of COI (pls correct me if I am wrong) At least then it would have been listed as a pending suit and relief.
Litigant resorted to above to seek penal remedy (some harsh action reprimand to judge.)
Litigant is told about the same and is also aware that his actions fall under 'prayer of penal remedies' and do not come under corrective remedies (like appeal. writ by which perverse orders may get vacated) or preventive remedies.
I.e. litigant knows that even if succeeds in his complaints the 'Commission on judicial misconduct' i.e. Registrar + CJ of High Court would not automatically set aside those controversial orders, at the max lower court judge may get some reprimand or demotion/red-mark in service record.
But the crux of the matter is that Litigant's suit is still going on before same judge and also there is no clue as to the status of his complaints since long time(complaints are still pending and litigant is being told that principle judge may be made IO for the same. The principle Family Court judge as well the judge against whom the complaints are made know this fact in 'writing').
Hence, litigant wants to obtain order of 'stay of proceedings' until his aforesaid complaints are taken through the legal recourse and disposed of.
Where should he obtain 'stay of proceedings'? which court has jurisdiction? Is it principle judge of Family Court of high Court directly? and under which legal provisions? Should it be under section 151 of CPC or under 227 of COI and before whom?
Litigant wants the 'protection/exemption order in favoe of litigant, or order of injunction to prevent judge from conducting the further hearing the pending suit, or order of stay of proceedings against the judge to prevent him from conducting further hearing of pending suit' until aforesaid complaints are disposed of.
Please guide/help me on this issue.
Similar example in like:
If a minor makes complaint on telephone/helpline of police against parents of atrocity(law is set into motion), even police get into action upon receiving such a call, and arrange protection to kid until inquiry is concluded.
same is the case: if any employee/woman employee complains against her boss, until inquiry she is not compelled to work under same person.
same is the case: if any employee/woman employee/female student complains against her boss/teacher, until inquiry she is not compelled to work under same person.
same is the case: if a wife complains against husband by fling divorce suit, she is not ordered/compelled to cohabit during pendency of divorce petition
In the same way ...... during pendency of complaint against judge, what legal provision is there is exempt the litigant from appearing before same judge against whom the very complaint is made????
please guide me.
Its really urgent.
Thanks
Mayank Pandey
17 February 2014 at 15:29
I am living in a housing society on rent at Aundh, Pune. I got this flat through a broker and I have proper registered rent agreement. The society made some unlawful rules for tenants only. Below are some.
1. If your friend come to your home after 8 PM he/she have to submit his original ID card(Like driving license, Pan card).
2. No friend can stay for a day without taking permission from society.
3. If FAMILY/relatives are coming, then we have to inform names, relation and period of their stay to society and take permission.
4. Your girlfriend/boyfriend are allow to come only between 8 AM to 8 PM and that also after submitting his/her original ID card and there is a fine if failed to get out after 8 PM.
There is no rule for owners in society.
They are taking our ID cards forcefully. A total harassment is going on. Security is talking and treating us rudely. Yesterday a security guard show us lathi too.
If we oppose against this unlawful acts, they are threatening us to leave our house.
I would like to know whether society committee have rights to make such laws which are against article 21 or not?
If not, What legal actions I can take against them?
Please advise, they are harassing us.
chaitu.....
17 February 2014 at 15:21
hello Sir, recently a neighbour(advocate) is so vulgurly abused me in the street.for just saying,that my bike is at middle of the road.but everyone knows that,its not true.its not the first time, that he done like this.
can i file a complaint against him??
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