Anonymous
27 October 2018 at 10:25
Dear Experts,
Firstly thanks to all of you for providing your valuable feedback on this forum, it has been of immense help for me.
Quick background to the case:
1) I have a CRPC 125 case undergoing, in which my wife has filed the petition stating while she is working, her salary is too less for her to maintain herself. She has claimed for maintenance amount of 50k stating that it is apt based on my income (She has not provided any evidence to this effect)
2) After I submitted my W.S stating the following points:
a) The burden of proof is on her to prove that her salary is too less and she is not able to maintain herself in the salary.
b) She needs to provide evidence to prove my income and how is the said amount justifiable.
3) Their is no application for interim maintenance.
4) After I submitted my W.S the CJM moved the case directly to evidence stage (without listing/framing of issues). In the evidence stage, my wife did not submit any evidence and through her counsel made an application for production of my Salary Slip and ITR for last 2 years.
5) In my reply to the application, I contested that the applicant needs to be rejected based on:
a) The burden of proving my salary is on my wife
b) The current stage of case is Evidence for the applicant, so she needs to submit all her evidences
c) I will submit my income details to the court during my evidence stage, subject to the applicant giving all her evidences before that.
6) Despite my argument the CJM, allowed her application stating that she is my wife and needs to know my income details, and has instructed me to submit the documents.
7) I am planning to file a revision/appeal in the session court for dismissal of the order on the following grounds:
a) The trial court is not following the trial process (Issues not being framed - directly moving to evidence stage - asking respondent to 1st submit evidence (salary slip) and skipping the applicants evidence phase)
b) I being the respondent - production of salary slip and ITR is against the provision of "Immunity Against Self Incrimination". if the information is required then the applicant can move through RTI act or ask court to summon my employer to provide details, but cannot ask me to provide income details.
c) In my reply to the application I have clearly stated that I will provide the documents during my evidence stage, only after the applicant comes to court with clean hands. Thus their is no need for such an order at this stage.
My query to the eminent experts:
1) Can you please provide me guidance/feedback as on whether I am on the right course or needs course correction?
2) I have no issue giving my salary details, but the CJM seem to in favor of the applicant. Thus my fear is he may pass an interim relief based on my salary without considering other evidences/facts (as he has done in this order).
Your feedback would be of great help.
Thanks and Regards,
rishu
27 October 2018 at 09:47
I am planning to start a pre-school and want to register the same. Can anyone help with what is the procedure. Also if someone can get it done with a fee that also is fine with me.
I want to initiate it in a week time.
arunkumar
27 October 2018 at 09:06
my wife has filed no of cases in family court and civil court against me under 498a/dv act/etc though she is staying in my flat along with her parents since last 4 yrs.i am staying in the same flat but having food outside. the flat is registered on my name and my wife jointly.. Her parents are threatening me and giving mental harassment staying in my flat.I want to remove them from my flat legally under which ipc section .House trespass /encroachment etc.She also take tuitions in my house and earning good money about 70 k per month .because of no cases filed by her i can not get a good job and earning about 15 k per month.my parents are staying separate but she still try to involve them in criminal cases by giving false complaints.i have a son of 15 yr old.
Praveen
27 October 2018 at 03:34
Hi
Since i have posted the information anonymously earlier without knowing the rule of this platform, am reposting with my identity!
My Grandfather's property is in Dharmapuri, Tamil Nadu, after his death, the property was transferred to my grandmother! They have one elder son, who is my father and five sisters, the husband of last sister convinced my innocent and illiterate grandmother to transfer the entire property to his wife without the knowledge of my father who holds responsible for the property!
After this incident, my father cancelled that registration and retransferred the property to his name as family settlement and later settled the shares to all his sisters! Being a retired central government employee as deputy director he haven't earned a single piece of asset and never spent money for family, spent a lot for his pet son and spent some for his pet daughter and the last one, me, never cared and there the relationship between father n son started to break! Being a typist in state government my mother supported and i have completed MBA!
To marry a girl whom I love from my school days, caste problem raised and my father dint helped me in any situation! To sort out the caste issue, and without disturbing my mother and to achieve big, started searching and found 100% scholarship for pilot training and won it in merit!
During the initial stage of the toughest course, my girl's parents tortured her, harassed her mentally oly due to the caste issue, and they dont know about the pilot course or career! All these problems mentally disturbed me and made to quit the course for time being and marry her! We lead a peaceful life and planned to start an export unit, with proper qualification and experience, applied for subsidy loan of 50 lakhs from the government and it was sanctioned, to utilise this loan needed security and requested to my father, he dint support!
My father never earned any asset, never supported for family, his lakhs of monthly salary, his lakhs of retirement benefits and lakhs of money from sold properties no one in the family knows where it gone,� he is paying about a lakh as interest for his loans even today! To tally this secret, he is saying to all our relatives, that he spent for my pilot training course! Doubting on his activities, I have enquired with his close friend who is a lawyer and come to know that he was a gambler, then i understood where all the money would have gone!
No support for the family, no wealth creation, still paying interests for loans after retirement! Not supporting in any serious situation of mine! With my wife's only support I came back to complete the pilot course, here starts the next trouble, my flight classes which i have completed already is valid for 5 years and it is expired now, to compensate the expired flight classes, I needed 10 lakhs and explained to my aviation knowledge less father, he is not supporting!
Now I don't have any option, kindly suggest me that do i have rights in my Grandfather's property which is without any will transferred to my father's name currently, if i do, i wanted to claim it and need to complete the course n set my career and free my struggling wife! I have searched in different sites about the same issue, some answered according to hindu succession act, 1956, if the ancestral property is transferred without any will from grandfather to father, the grandson has rights to claim and some answered as no right to claim! Am planning to file a suit based on the situation explained above, kindly request the experts to guide me with your valuable knowledge!
Thanks in advance!
Anonymous
27 October 2018 at 02:24
Dear sir,
I am a resident of kolkata, I have contact with a promoter with 2 storied building but he contruct 3 storied without our written agreement.now I have filed atitle suit for injunction but the judge refuse to allot injunction because we have no provate, at this stage case is going on and judge demand written statement to defendars but they are unable to submit the same, now I appel to the hon'ble court already statutuary time i.e.120 days over, and order39 rule 7 pettition submit, hon'ble judge order hearing for injunction.
promoter already sale a flat on 3rd floor and another under construction is abandoned and some unknown person like promoter worker are living there.
already i have filed petition and other documents for provate.
my queries is what step should be taken for this situation.?
Thanks & Regards
chandan bhattacharjee
anu radhalll
27 October 2018 at 00:27
Sir experts.
I need help from outside.
I need fir copy and also chargesheet copies in police station -can I take through RTI ?
Rt
26 October 2018 at 23:10
I have been shortlisted for the post of supervisor whose examination was conducted by dsssb. The seats are vacant and dsssb is saying that the file has been closed. I belong to General category and obtained 104.75 marks and last candidate selected in last list obtained 105 marks. But 19 seats are still vacant and 5 candidates of general category have resigned from the job within 1 year of joining and dsssb has not provided any replacement for them also. Im quite sure that i would get selected if dsssb issue list. There is a delay on their part why sbould I suffer bcoz of this? This is the last chance im having bcoz im not eligible to apply anywhere in govt sector now. Plz tell what are my chances if i file a case in CAT? PLZ SUGGEST SOME GUD LAWYERS ALSO.
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