SUSHMA YADAV
23 November 2013 at 17:42
If a woman was subjected to cruelty by her husband and his parents for over 10 years. but now she has separated from him with her two children. she has now filed a case against him under section 125 cr.p.c. for maintenance.and there had been some 4 to 6 hearings but her husband did not preset before the court in any of the hearing. and saying that he has no money to pay her wife's and children's maintenance. on the other hand he is threatening to take her children away from her.and now she wants to take divorce from him. my questions are as follows:
1.Can court pass ex-parte decree in a family case as well?
2.once she has filed case for maintenance, Is she require to file separate case in same court for divorce? Is there any other method to get divorce from him by merging the case for maintenance and divorce?
3. If husband does not have any money or property, what will be the result of the case under section 125 cr.p.c?
4. Can husband take custody of children somehow? If yes what are the option to stop him?
Member (Account Deleted)
23 November 2013 at 17:39
Petitioner filed witness list but judge asked to file it again clearly mentioning the points supposed to be proved by each witness.
Three out of five witnesses are to be called by summons & the remaining two by hand.
So, should the petitioner mention the points supposed to be proved by the witnesses summoned by hand also?
Can judge refuse the witnesses from appearing if the reason mentioned is not sufficient? I mean if the judge thinks that a witness in the list is not relevant in the case, can judge refuse his appearance?
rajan chopra
23 November 2013 at 17:38
Can holder of pronote demand from maker the amount mentioned in pronote only or advocate and court fee with bank interest also?
T SANKAR RAO
23 November 2013 at 17:23
Sirs,
An unregistered partnership firm having a partner acting as builder has constructed apartment complex consisting of 57 flats with Stilt, Ground + 4 Floors + 3 pent houses -- ten years back and collected duly issuing Receipts thereto from 25 flat owners an amount of Rs.20000/- each towards allotment of car parking space but did not allot due to a dispute among the partners. The flat owners formed into a registered society and moved the District Consumer Court and later State Forum which simply passed a judgement to get the problem solved amicably in consultation with the builder. Builder has not cooperated and the flat owners kept quite and a period of 5 years has elapsed. The society is not in a position to continue the legal proceedings. However, due to increase in the number of car holders, (both paid and unpaid for parking slots to the builder) frequently involve in battling each other while parking their cars without getting their problem unresolved. I have gone through the AP Apartments (PC&O) Act 1987.
The questions arose to me are as under: 1.Under what rule of law the builder has a right to sell car parking slots in the stilt area.
2.Is there any right to the flat owners to claim car parking slots of their choice in the stilt area for having paid the price to the builder who is refusing to intervene.
3.In fact, the stilt area can accommodate for parking 18 to 20 cars only.
As I understand the law:
(a) Stilt is not an area for parking vehicles. However, two wheelers can be accommodated as there is no hindrance due to pillars for doing so.
(b) Stilt is a common area having a right to use by all flat owners.
(c) Builder cannot sell again any space on the ground (stilt) once a flat is sold out with a certain space of undivided common area.
(d) Those who paid some amount to the Builder rightly or wrongly, can be given preference to park their cars in the limited space available without causing inconvenience to the residents.
Now, I request the eminent lawyers to guide me.
--Jr.advocate
Daljit Singh Mann
23 November 2013 at 17:16
A, who was serving as government employee under Punjab state government has passed away with 6 years length of service. B, wife of A filed civil suit for declaration against State of Punjab for pension and the same was decreed by civil judge junior division. Accountant General Punjab, who is competent to grant pension to government employees of Punjab State and who had not been joined as party in civil suit, denied the claim of decree holder on the ground that total length of service of A is less than 10 years and as per Punjab Civil Service Rules any government employee having service less than 10 years is not entitled to pension. Now B filed the execution petition and Hon'ble Court attached the property of Office of District Officer but the situation is that District Officer can not grant pension without approval of Accountant General Punjab but Accountant General Punjab is not bound to do so as he had not been joined as party in civil suit. My question is that legal maxim lex non cogit as impossibalia will apply here in this case ? What should District Officer do now at this stage??
RAJESH KUMAR
23 November 2013 at 17:01
Sir,
My friend who is working as Manager in PSU/Corporation and will be retired on 30th Nov. The Corporation has issued explanation on 20th Nov. Can the Employer withheld the retirement benefits like- gratuity, epf, encashment of leave etc. of my friend.
The employer issued the explanation, that why he has not process the file for release of FD's amount which was deposited by the Corporation with the Registrar of High Court as per High Court order. Later the High Court had ordered for release of FD amount but the Corporation has not requested to the Registrar for release of said FD amount and the amount was lying with the Registrar High Court since more then six years.
navin
23 November 2013 at 16:23
sir ,i had entered into a sale agreement for total consideration of rs 40 lacs for a property in banglore with rohit sharma.for this he had pd me rs 800000 lacs as advance by cheque which is also mentioned in the registered sale agreement {also received by me}.
now this person had taken two signatures on backside of the registered sale deed with fraudelent intentions.
now sharma has filled that he has paid 15lacs by way of cash on 12/5 & another 10 lacs on 25/6 respectively which i havent received at all.now i have got a legal notice to take 7 lacs ®ister the property to him.please help me what to do iam in serious trouble because of this mistake........kindly help me out......
ab
23 November 2013 at 16:19
Respect all,
A party filed false case against me u/s 354 and prosecution evidence was the stage. During the trial the prosecutor legal counsel did following.
1. Requested our legal counsel to settle the case outside multiple times.
2. Then, deliberately shouted at my mother in court and put false allegation on my mother she is threatening him to settle the case. MM said that he can appeal during the complainant statement. Then, my mother went outside the court room, where the lawyer followed her again shouted at my mother that she is threatening him, my mother urged him to stop.she is a heart patient. Then, he called 100 and threatened to file a false case u/s 509 against my mother with objective to settle original case.
3. Then the prosecution lawyer urged MM to delay prosecution evidence stage to which MM denied.
4. During the statement, the lady was giving different statement compared to original statement. she was confused and nervous. first she replied yes then no and vice-versa to various questions from our lawyer.
4. They demanded police protection and were granted for the complainant lady. There is a possibility that now as a strategy the lady will call police outside the court and put false allegation u/s 506 that we are threatening her to settle the case and harass us.
5. Then prosecutor lawyer demanded next date after a long period to which mm denied. They just want to take this case long.
Where can i complaint against lawyer who is planning a new false case u/s 506 as a strategy against my mother with prime objective to settle original case under pressure. Just because the original case is false and lady is not able to prove it.
Rahul Lahiri
23 November 2013 at 15:16
Dear Experts
Is it compulsory to register a deed of personal guarantee. One of our clients is providing a personal guarantee for a sum of Rs.5 lacs on a non-judicial stamp paper.
How to make it legally enforceable? If it is required to registered in Allahabad, Uttar Pradesh what would be the registration fee and stamp duty?
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Ex-party divorce
If the husband gets ex-party divorce I have the following queries
1)Can the wife reopen the case after some years and demand alimony and child maintenance?
2)Can she claim share in the property earned by the husband and and the ancestral property coming to husband by way of his share?