Rakesh Malik
13 January 2014 at 23:40
Please let me know what are the conditions for a wife to get maintenance from husband under 125. I have read somehwere that first condition under 125 is - for a wife to get maintenance under 125 is that she must be not be capable to survive herself. e.g how can a illiterate woman and a woman having masters degree can be treated equally.
TroubledSoul
13 January 2014 at 23:24
Hi Experts,
I got married 4 years ago to a girl from relatively rich family. We have 3 year old son. initial 7-8 months her behavior was good but later on her parents changed her completely as they are control freak people. My wife is BDS, running a clinic and I am software professional. Our marriage was arranged. Her nature is very adamant and arrogant & whenever my mother comes to stay with us, she starts fighting and then my mother goes back to our village even I insist to stay with us. As my father passed away 3 years back, I dont want to keep my mother away from me. even sometimes, it became too difficult to deal with my wife, I have slapped her 4 times. Two times she went to police station but did not register a complaint just asked police to threaten me. And police did the same as She goes there and cries and describes myself as a villain. since last one month, I am staying away from her, now She is saying that she is ready to change and can accept my mother and try to live happily for the sake of son. But it has become very difficult for me to trust her now, as if I go back then she may file complaints against me and my mother. so even if I compromise and start staying with her along with my mother, can i take something in written which can safeguard me in case she changes her mind and tries to harass me? and not allowing my mother to stay with me - can this account to mental cruelty against me and can I file for divorce on this basis? The problem is I have lost faith in this relationship and fear that leaving with her can turn risky for me. Please suggest.
Avishek
13 January 2014 at 22:31
i am going to file a writ petition under article 226 of the constitution of india seeking a direction from the Constitutional Court for making over the investigation to CBI of a case wherein a chit fund agency had defrauded huge amount of money to the tune of rupess of many coror from the investor who had invested varied amount in its myriad scheme with the hope that there invested money will be multiplied with the time mentioned in the enrolled scheme.The concern Police Station has registered a case u/s 420,402 etc of I.P.C pursuant of the complaint lodged by my client against the chit fund. The police,after registration of the complaint,did not do anything and the investigation is going on a snail pace.Even allegation of collusion by the police with the miscreant are writ large in the locality wherein the agency is situated.no arrest has been made till now. In this regard my specific query is :
1.whether can i set in motion the machinaries of Enforcement Directorate against this large scale scam by forwarding the complaint lodged by my client in the P.S with a representation of my client for initiating probe by the enforcement directorate?
2.whether similar step can be initiated for a probe by the SEBI(Security Excahnge Board Of India)
3. whether the writ court can give direction to the machinaries mentioned aforesaid to act on such representation of my client?
i am contemplating to beseech the probe by Enforcement Directorate ,SEBI in addition of my prayer of CBI investigation before the court.
ANIL KUMAR KAUSHIK
13 January 2014 at 22:09
Weather appeal of interim order of domestic violence of women act 2005 may be filed in appeal court. if yes under which section may be filed.
PG Mathews
13 January 2014 at 22:02
We have purchased a flat in Pune in 2012. The agreement is dated Feb 29,2012. The building was completed and ready for occupation. We obtained loan from HDFC bank and made the full payment to the builder at the time of agreement. Stamp duty was duly paid and the agreement was registered. The bank while sanctioning the loan must have verified all the required documents and only then passed the loan. The builder handed over the completion certificate dated Mar 07,2012 in Jun 2012.
Now last month ie. Dec 2013 he has asked us to pay the service tax.
Kindly advise us as to whether we are liable to pay the service tax as we had made the full payment at the time of purchase and surely the bank had also verified all the statutory documents including the completion certificate. In case the builder insists, what is the remedy open to us. Please let us know where we stand on this issue.
Thanks in anticipation.
P.G.Mathews,
Pune.
navin
13 January 2014 at 22:01
respected all,
Complaint was ordered u/s 202 of crpc for investigation 1.5 year age. But investigating officer is not submitting the report and court is not issuing order. whereas filed complaint has turned 100 % clear.
matter is u/s 417,420, 380 of IPC
1)Can I file appeal without any order of trial court or not?
2) Under which section I can file appeal?
thanks in advance
Member (Account Deleted)
13 January 2014 at 22:00
Hi Sir,
I got married in year 2003 and have a minor son. My Wife got expired in 2010 due to bone marrow issue.
My parents force me to marry a girl who can take care of kid and me.Since the marriage she is harrasing me and my son.Always left home and making tortures.She left house multiple times.my son who does not have mother is under going through trauma daily due to the fights .I have never taken any money during the marriage .Now she left home 2 months back and now she is blaming all bad things and abusing my parents .
Please let me know what should i do.I am totally depressed in life due to the incident happened to my wife and taking caring of my son.
Regards
Ramesh
navin
13 January 2014 at 21:59
respected all,
Complaint was ordered u/s 202 of crpc for investigation 1.5 year age. But investigating officer is not submitting the report and court is not issuing order. whereas filed complaint has turned 100 % clear.
matter is u/s 417,420, 380 of IPC
1)Can I file appeal without any order of trial court or not?
2) Under which section I can file appeal?
Mahendra Vyas
13 January 2014 at 21:33
Dear All respected members,
Currently I am working with a mnc, I joined recently and for them with only 1 week. I went through with their work culture, ans didn't like it.
I found other job in this week.
I want to quit from this mnc and join new company. But I don want to serve notice period. The new company is ready to accept me without relieving letter as I have joined recently and I am providing them my previous employer's relieving letter.
Doubts which are in mind are as follows.
1. Whether co. can bound me to serve notice period, even if I am ready to forgo relieving letter and salary of whole the week.
2. What are the legal action co. can take if I have not serve notice period.
3. I have been provided laptop and data card, which have to return, and its include a process called exit clearance, whether co. can force me to serve notice period in the name of exit clearance.
4. What are the legal steps by which I can exit from co. without wasting time because I want to join other co.
5. There is no bond sign by me for money, I want to return laptop and data card provided and exit from co. peacefully.
6. Is there any law by which I can make responsible by company.
7. As of my knowledge, Indian constitution provide is right to independent, so no one can bound us against our will.
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Delayed possesion and change of type of construction
I have booked a office space in mumbai suburb's commercial tower in 2011 @ 9000 PSf (area 600 sqft) under prelaunch offer. The progress has been very slow and almost to halt, now after 3 years, for some reason the builder is planning to change the building to residential. we already had paid 50 % of the amount @ prelaunch time. The sale agreement is already done for office.
Builder is offering 2 BHK residentail apts with additional area of 600 sqft @ 13000 PSF. Can we quit from the project , what should be the refund? What happens to the registration and stamp duty charges we had already paid? What if we opt for a 2bhk residential what should be the ideal cost? please advise.