Rekha
02 September 2018 at 20:38
I am applying for divorce case.. it must be filed by my lawyer within 2 or 3 days.. as she is preparing for the documents.. kindly let me know what is the next process.. i have requested for injunction for him to enter the home in which myself and my kids stay... i want to know stage wise process..
Bharati Agarwal
02 September 2018 at 20:05
I am a Third Party Guarantor & Mortgagor towards the NPA of A Pvt Ltd Company which is at the verge of having a RP appointed in the Application under IBC by the lending Bank.My guarantee/Liability Is Limited to My Property allowed as Third Party Mortgage.The IBC Application if filed by Bank against the borrowing Pvt Ltd Company in which the Bank has given description & Value of the Company"s Stock, Receivables etc and also description of My Property.I am not a party in the Application.The Bank"s application is also pending against the borrowing Company and myself at DRT level.I have question, which even the practicing RP is not able to answer in clear terms...
01) Whether the RP so appointed, shall deal with the Due Amount and Assets of the borrowing company only Or RP will also have power to deal with my Assets.
02) the statutory moratorium of initial 180 days shall apply to me at DRT level ?
The Advocate attending DRT says that as per latest position, the RP shall only deal with Corporate Debtor,i.e. the borrowing company and the moratorium shall apply to the corporate debtor only and DRT shall continue to deal with me as a TP Guarantor., whereas the practicing RP opines that since they have to deal with the corporate borrower, and the guarantor also fall under defination of borrower, they shall deal with the Amount Due, Assets of the Corporate Debtors and of the Third Party Guarantor, both.
See DRT level is dealt in by Legal Professionals and NCLT proceeding under IBC is practically being dealt in by CAs and CS, and both have different opinions....
Opinion & Clarification is requested .
Thanks & Regards
Kamal Kamal
02 September 2018 at 19:27
3 brothers and 3 sisters. Area Delhi.
All 3 sisters are married and settled.
2 brothers are married and settled.
1 Brother(divorced long ago) is living in heritage house. His Name is Anuj.
Mother (now no more) Made "WILL" . Mother gave the whole house to Anuj Who is
already living in that house. WILL is Notarized.
In the WILL, it's specifically mentioned that the share of the 3 sisters have been given at the time of their marriage.
Now the Questions :
1. Can mutation be on Anujs Name on Basic of the WILL.
2. Do we Need NOC from all 3 sisters and rest 2 brothers.
3. Is the WILL challengeable ?
4. What is the process to get the selling rights for Aunj. (in Delhi)
5. What is the "Notarized WILL" leagal status/power ?
Thanks in Advance.
aman
02 September 2018 at 19:18
We are in a family dispute since 2012. in which my father had filed a criminal case against my elder brother ,his wife , and his in-laws, u/s 452,323,504,427,147 ipc after this a counter case was filed by my brother�s in-laws u/s 498a,324,323,452,504,506 IPC against my father ,me and my elder brother also, during the investigation my brother�s wife gave an affidavit to police that she doesnt have any problem with her husband(my brother) so police filed chargesheet only against my father and me.we are on regular bail since then ,on the ground that we are not the main accused.
Now we have reached in a compermise state and my father has given statement in court that he wants to take back his case ,similarly my brother�s wife and his in-laws have given their statement in court that it was a misunderstanding and we also want to take our case back. Now our advocate is saying that before the judgement of court we will have to take bail again u/s 437 crpc. Is this correct or not please guide.
Anonymous
02 September 2018 at 19:00
My husband has some disease and he is on treatment for the same. He has to be on medicine for the rest of his life. Because of this medication he will not be able to father a child. We have been married for 5 years now. At the time of marriage he did not disclose this condition to my family. Do I have the right as per the law to get his paternity(fertility) tests done to confirm the same as he is lying to me and blaming me for not getting children ? Can I take a divorce from him on this basis ?
Anonymous
02 September 2018 at 18:50
I have been married for 5 years now. I have some fertility issues because of which doctors have said that to get a baby I will have to undergo IVF which costs around 3 Lakhs. My husband cannot afford to get the treatment done, nor is he willing to, he is 48 years and I am 39 now. If IVF is not done now, I may remain childless for the rest of my life. Can I take a divorce from my husband on this basis ?
Anonymous
02 September 2018 at 17:15
Question 1. Can a decree be modified / amended u/s 151 seeking permanent custody instead of joint custody due to change in circumstances
2. What are the remedies available to the Husband to counter the above application to challenge the maintainability of this petition
My Estranged spouse/Wife has filed Miscellaneous Application seeking modification / Amendment of a Decree under section 151.
What is she wants to Amendment /
Modification of
# She wants permanent custody of the child instead (as per decree) it is joint custody under change of circumstances as she wants to relocate to U.K after remarriage
Background of the case
#Divorce files by wife in 2010 in HMA
# Pettion converted into Mutual Consent 2014 and Decree obtained in 2014
# Mutual Consent terms part of the decree # Other terms relating to child in consent and decree
A- Child in joint legal custody of both
B - Physical custody with mother
C - Access terms as agreed
D- Agreed that child will not be relocated out of INDIA till she attains the age of 18 years
E- In case the child is traveling out of India she will travel only on visitors visa for pleasure trip
F- Passport of the child with my ex wife Question 1.
Questions
Can a decree be modified/amended u/s 151 due to change in circumstances
2. What are the remedies available to the Husband to counter the application maintainability of the Application
Anonymous
02 September 2018 at 16:58
Can any party seeking modification of the decree on the basis of the settled terms(old allegations recreated)
Our divorce was settled way back in 2010 by converting her divorce petition into divorce by mutual consent
She has once again entered the family court seeking modification and prayer for permanent custody of children's
She has come to the court with 50 old allegations that were during matrimonial cohabitation and 12 fresh allegations of access
30 allegations repeated are pertaining to child issues during matrimonial cohabitation
20 allegations repeated are pertaining to issues of husband and wife during matrimonial cohabitation
12 new set of allegations pertaining to issues after mutual consent divorce
My question to the learned faculty is, can the 50 allegations recreated in the modiification petition is allowed?
If not allowed can I file an application to strike of the allegations and under which section
Anonymous
02 September 2018 at 16:25
Sir, Housing society committee has charged excessive non occupancy charges. After complaint to registrar they are ready to return excessive amount but refused to give interest on that amount. I want to know What law says, whether committee should pay only excessive amount or along with interest on the amount. Please advice
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Report u/s 202 of crpc by police after investigation
AFTER THE MAGISTRATE DIRECT A INVESTIGATION BY POLICE OFFICER, ON FLING A PRIVATE COMPLAINT BEFOR HIM FOR OFFENCE U/S 420 IPC . THE POLICE SUBMITS ITS REPORT AND STATE THAT NO OFFENCE COULD BE SEEN OR GIVES A NEGATIVE REPORT.
WHAT IS THE FURTHER PROCEDURE / STEP TO BE TAKEN BY THE COMPLINANT OR BY ADVOCATE FOR COMPLAINANT.
NOTE: THE WITNESS REQUIRED TO BE EXAMINED WAS NOT EXAMINED AND ONLY STATEMENT OF APPLICANT / COMPLINANT AND ACCUSED WERE RECORDED AT POLICE STATION.
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