HITESH SHAH
14 December 2016 at 13:43
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS
HITESH SHAH
14 December 2016 at 13:33
RESPECTED SIR
IF SON QUARTERLY SCHOOL FEES IS ABOUT 15320/- IN THIS TOTAL 15320 , TUTION FEES 8520/-, LUNCH FEES 2100/-,OTHER FEE 4700/-. MY QUESTION IS THAT
1)TOTAL FEES IS TO BE CONSIDERED OR ONLY TUTION FEES ? BECAUSE IN INCOME TAX REBATE ONLY TUTION FEE IS CONSIDERED.IF RULE TO CONSIDER ONLY TUTION FEE FOR MAINTENANCE 125,KINDLY GIVE ANY SUPPORT/EVIDENCE/JUDGEMENT TO PRODUCE IN COURT.THANKS
Kapil Sinha
14 December 2016 at 13:25
Is the police station remarks, as case not traceable sufficient to right off the fund, for any institute and close the case.
Anonymous
14 December 2016 at 13:18
Is the police station remarks, as case not traceable sufficient to right off the fund, for any institute and close the case.
Sudip Shome
14 December 2016 at 12:55
Dear Sir,
This is to inform you that I am the only heir of my parents who were expired. But they both are trusty member of a land which was bought by them and along with other members and after buying the same land a school was built on it which later on was affiliated by the West Bengal Govt.
But due some or the other after running for lot of years the school was closed. Now some builders and local counsellor want to start an English medium school their which I AM SURE THOUGH THEY SAY THAT BUT LATER IT WILL BE CONVERTED TO A OWNERSHIP REALESTATE BUSINESS.
Now my question is that if a school grows OK or I am against the same land to become ownership flat by the real estate businessmen.
So in this status can I be a member of the same trusty? And secondly can I claim my right for the same?
Vallabh Raut
14 December 2016 at 10:04
Dear Experts,
My sister left her matrimonial place almost 10 years back. Before leaving, both the parties signed an affidavit that they are not willing to stay together and hence getting separated forever and that they don't have any claims against each other. They have no kids from the marriage.
There was no legal divorce. The man got married afterwards.
My sister is planning to get married now. But as the separation is not legal, we lost some proposals.
Is there any way to dissolve the marriage legally now, without involving the other party?
Anonymous
14 December 2016 at 09:58
Sir first petition to summon accused was dismissed
But that one was premature as injured was not examined
Now injured has been examined & accused has been named by him
If i go to high court then my petition will be dismissed because this evidence was not there in dismissed application under 319
Wheather i can file 319 application second time by giving view that ist one was premature and now here is sufficientl evidence against accused after injured examination
As Hardeep Singh's judgement on 319 crpc says "at any stage" and there is no mentioning that 319 application cannot be filed second time in this judgement
Whats your view?
Can i file it second time in trial court by saying first one was premature? Or any other idea?
Ranu
14 December 2016 at 09:11
The declaration deed is not notarized before me. However, it attested by the lawyer (before me) so this will be accepted legally or we should go before me notary only?
RAJIV
14 December 2016 at 08:15
My married held on 2010 after marriage noticed that wife mentally problem always fight with me and my parents for little little thing and go to her parents home in 2013 she field 498,125,107, against me 125 going against me I paid some payment and field divorce petition but in session court maintenance increase 2500 to 4000 I decide that do not pay single rupee and I did it . divorce petition is dismissed and 125a ordered against me I faced one day jail for misbehave in court and now 3 month is gone we sit in our ,our home
I want to know that what i do for divorce without money because second party now ready for divorce and if I field divorce petition in high court second party again go for 125 case
Any way for divorce
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498 a, once closed/dismissed, can again the same case can be filed after 8 years
Greetigs Sirs.
CAN 498A CAN BE AGAIN FILED, ONCE THE SAME CASE WAS LOST BY WIFE (DISMISSED BY COURT AFTER PROPER TRIALS).
SAME WIFE SAID IN THE COURT, THAT THE ALLEGATIONS LIKE DOWRY, CRUELTY ETC., ARE FALSE AND CREATED BY HER PARENTS.
AND
AFTER THAT INCIDENT
A CASE WAS BEEN FILED BY THE WIFE ON HER PARENTS FOR MISLEADING HER, TORTURING HER AND FORGING HER SIGNATURE BY HER FATHER.
THE FATHER AND BROTHERS OF THE WIFE WAS BEEN BROUGHT (ARRESTED) TO THE (SAME, WHERE THEY REGISTERED 498A)) POLICE STATION FROM THEIR VILLAGE.
AND THE WIFE'S BROTHER WAS JUST SELECTED FOR SI POST AND WAS IN TRAINING.
NOTE: THIS ARREST ORDERS WHERE GIVEN BY THE SAME COURT. ONCE THEY WHERE SHOWN THEIR PLACE , THE CASE WAS LET GO...
WITH CONDITION THAT THE PARENTS OF THE WIFE SHOULD NOT DISTURB HER OR COME TO HER HOUSE.
NOW AFTER 8 YEARS OF HAPPY MARRIAGE.
THERE WAS A MARRIAGE OF WIFE'S YOUNGER BROTHER. AND WITH THAT THEY AGAIN ENTERED THE HOUSE/ LIFE OF THE WIFE.
PROBLEMS STARTED. SHE LEFT 3 MONTHS BACK FOR DASHSRA FESTIVAL, LEAVING 13 YEARS. KID. WITH ARGUMENT.
NOW I WOULD LIKE TO KNOW WHAT WILL HAPPEN OR SHE CAN FILE AGAIN 498A AND DV CASE.
.