Subodh
24 January 2011 at 11:20
Dear All,
I had bought a flat with open parking and all details are there on registerd agreement document.After some time I took cover parking in place of open parking, builder is agree to give Parking allotment letter on letter head. My query is :-
- Is allotment letter is sufficiant or correction deed is required and registered agreement is required for that?
- After society handover can I do agreement with builder for this parking?
Waiting for valuable suggestion!
Kind Regards,
Subodh
Anonymous
23 January 2011 at 23:14
Please advice
Hi,
I need some help & advice. I got married in July 2007 under special marriage act. My wife is a christian and i'm a Hindu. We've agreed to go in for a mutual divorce. We have a 2 year old son from our marriage. We have been staying seperately from last 1 and half years without any contact. All she calls me is for money for the child. I've been paying 3000 every month for the child. I have the below questions:
1. Do i have to pay her lifetime maintence?
2. Both of us work. I earn around 4L & she around 2.4L. Do i still have to pay her maintenence while she's earning?
3. She said she'll return back to her parents and delibretly stop working inorder to claim more maintaince from me. Is that possible.
4. What kind of one time settlement amount should i be looking for to settle this out of court.
5. She chose to live seperately even after my repeated requests for her to comeback and live with me and my parents. Her reason being she's not comfortable in the house as she cant practise her religion.
I never stopped her from going to church and neither my parents.
Please advice...
Thanks
Anonymous
23 January 2011 at 22:22
A petition is "allegedly" by a lady in Family Court seeking Divorce from her husband on the ground of cruelty under section 13(1)(ia) of the HMA.
Subsequently, 3 months later, a Memorandum of Compromise was "allegedly" filed by both parties under Order 23 Rule 3 CPC.
 On the basis of this, original petition was allowed on same day and an Order granting Divorce by Mutual Consent was recorded under Section 13 B of the HMA was passed
 The compromise provided for alleged agreement between parties, viz;
a)Divorce shall be granted.
b)The lady will not have any claim against her husband for her Maintenance.
c)She should not have any claim over the property of husband, and,
d)She will not have any claim over the custody of her children.
 It was only 3 months after divorce order that the lady came to know about this fraud played upon her only. The same can be understood from the fact that till then she was residing in the house her husband unaware of the fact that the a Divorce Decree has already been passed. There are several proofs supporting the same.
Immediately the lady files a suit which is a suit seeking to declare the Divorce Decree as null & void on the following grounds :
1.That the "alleged" original petition and Memorandum of Compromise have been actuated by fraud and coercion by her husband by threatening her.
2.That NONE of the provisions of a mutual consent divorce have been adhered to and the Order of Divorce is not in conformity with the mandatory provisions of section 13B
3.The divorce pronounced merely on the basis of a Memorandum of Compromise filed under Order 23 Rule 3 CPC.
4.No Decree of divorce can be granted under Order 23 Rule 3 CPC of HMA otherwise the very purpose of enacting a law under Section 13 B of the Hindu Marriage Act is lost.
5. Several recent Supreme court judgments have been citied which have come down heavily on Family courts for waiving of provisions of Sec13(b) very freely.
I would, as a student of law, like to get perspectives from the learned members of this community on the
A). Quality of judgment as well as following a due process by the Family Court.
B). Legal strength of the position taken by the lady now.
C) Is there a provision in the law which the lady can take help of for remedying this gross tragedy?
Regards
Anonymous
23 January 2011 at 16:42
Hello ! Please help me to understand the following doubts:
1. Is it important to register the foreign wedding of Indian couple in India? wondering if Indian govt. or Private organizations in INDIA like banks, visa offices or any other such institutions recognizes such wedding that took place out side India and registered outside India ( in USA, that was done in Christian customs rather Hindu).
2. We are confused since now my brother and his newly wed bride has moved from USA to INDIA for good but they got married in USA therefore for opening a bank account or ration card, election card or Pan card in India may require to submit marriage certificate. Wondering if USA marriage certificate would be recognized during such official dealings.
If Indian constitutions or Govt. Organization recognizes USA marriage certificate in India then still somewhere we are worried if in future not having his wedding registered in India would cause some unpredicted problems. So thinking of getting his wedding registed in India too.
3. Further we are not clear if it would it be a problem if my brother registers his wedding in India based on his Indian wedding date which is different than his wedding conducted in USA?
Therefore, critical to know what to do - should we get his wedding re- registered in India or not? The Indian wedding was done in proper way - like invitation cards where printed, photos and videos where produced.
Please reply,
Look forward to hear from you
Thank you
Savdeep
Anonymous
23 January 2011 at 13:20
Bank has issued us 13(2) not giving reason why our account became NPA neither asking us to deposit any default amount,they directly issued us 13(2) notice by their authorise officer,we replied saying that we are paying insalment and interest on timely,mere small default how can you make my account NPA and we requested not to proceed with 13(4) notice,we will clear if any due,we paid lot of money there after also but even after taking money and instalment they issued us 13(4).
We reply to 13(2) than again we got reply of our 13(2) reply by not authoirse officer instead we got reply by their advocate,it is like some judge authorise some advocate to deliver judgement,whether in eye of law is it valid?
Anonymous
21 January 2011 at 22:14
Res. Sirs,
If a husband run away with a girl, leaving behind wife and a daughter what instant/criminal/civil action can be initiated to bring back the running husband?
anand
21 January 2011 at 16:13
ILR 2010 KAR 1484 reported in part 7 of 1st April 2010 In Hindu Law Sec 6 amendmend 2005.
[Sir plz provide me ruling on above Matter]
Jasmeetsingh
21 January 2011 at 09:58
Respected Sir/ Madam,
I had a case in which High Court had dismissed the Family Court Appeal on merits, but as per the appellant the divisional bench had not rendered the reasonable chance for appellant to being heard hence she wished to file Appeal to supreme court, Now I am cropped up with certain question; -
1) Whether is it Important to file a Petition to the High Court to obtain fitness certificate under Article 133 of constitution of India, even though 99.99% such petitions get dismissed?
2) Whether I can file SLP directly without submitting the petition to High Court for obtaining fitness certificate to appeal to supreme court of India?
3) which law/ rule permits me in doing above issue mentioned at no: 2?
Sir/ Madam,
as I have gone through the Supreme Court Rules, 1966 and reproduce the relevant rule herein below for your kind perusal:
THE SUPREME COURT RULES, 1966
ORDER XVI
APPEALS BY SPECIALLEAVE
1. Where 1[certificate of fitness] to appeal to the Court was refused in a case
by the High Court, a petition for special leave to appeal to the Court shall, subject
to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963)
be lodged in the Court within sixty days from the date of the order of refusal and in
any other case within ninety days from the date of the Judgment or Order sought to
be appealed from:
Provided that where an application for leave to appeal to the High Court from
the Judgment of a single Judge of that Court has been made and refused, in computing
the period of limitation in that case under this rule, the period from the making of
that application and the rejection thereof shall also be excluded.
Now in this rule what does "any other case within ninety days from the date of judgment or order sought to be appeal from" mean?
Hope that all my queries will be satisfied by the Respected members of this forum at the earliest point of time.
Always thankful to the forum
Jasmeetsingh.
Anantha Sowrya
20 January 2011 at 23:31
Dear Forum Experts,
I am an accused/victim in false criminal fabricated case(498a. I gave a complaint on the station SI of my jurisdiction. It came for hearing.
FACTS bout Complaint:
Love marriage
No Dowry given
No harrasment
GROUNDS:
No Investigation
Wrong Jurisdiction
No formal Counselling
PRAY:
To punish SI for taking bribery and booking false case in a wrong jurisdcition.
Question:
What are the documents that i have to take for the hearing.
Any proofs(documents)mandatory
your answers please asap.
thanks
anantha sowrya
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Appeal - irregularity
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660