B CHAKRABORTY
19 January 2016 at 13:49
Sir,
Got married in Feb,2011 and due to differences between us we are living separately from August'2013. After one year she gave me a mail and asking for mutual divorce and accordingly we filed a petition for mutual divorce u/s 13B of H.M.Act 1955.
But surprisingly on the appearance date i.e. on 16.12.2015 (i.e. after six months of filing) she did not come and present at the Court and also did not inform us anything, I was present at the Court and took another date in January2016. Now, the situation is neither she wants to come back nor wants she to finalise this issue , so that I can not re-marry.
Now if the said petition is rejected, Whether I should file another petition U/s 13A clause 1(ia) or 1 (ib) or both. Also please suggest that if I file the petition U/s 13A , CAN SHE CLAIM MAINTENANCE IF I PROVE THAT I AM AN UNEMPLOYED MAN . But she has clearly written in mutual petition that she does not want any maintenance, has received her all ornaments from me does not have any claims from me and she is a self employed lady.
If I file petition U/s 13 1(ib), how long the case will continue and how much maintenance (approx.) can be granted from an unemployed person. I do not have any child or immovable property or immovable property, living in a PG house.
Please suggest.
r.senthilkumar
19 January 2016 at 13:29
Repected Sir,
I have booked a 4 years resale flat in chennai perumbakkam. the cost of the property is 33 laks.
I have applied a housing loan in SBI and got approved for RS. 26,40,000/ and i have paid the remaning amount as advance RS. 6,60,000/ to vendor like RS. 50,000 as cash and RS. 6,10,000 as cheque and got the
vendor signature in the receipt with 1 rupee revenue stamp and we did Agreement to Sale (unregistered).
Before the registeration, I came to know that there is typo error in vendor's sale deed with respect to approved layout plan. The issue is, the apatment has Plot 1A and Plot 1B. By mistake the Plot 1B's four boundaries
measurment was wrongly mentioned in Plot 1A in vendor's sale deed. For your reference, My booked flat comes under Plot 1A.
Now the vendor refuses to do rectification deed because he says it costs much and asking me to pay for that or else he will deduct 1 lak from my advance amount if I refuse to pay the amount for rectification deed or cancel
that property.
Please advice me. I don't know what to do. Can I handle this problem legally? Can I get my entire advance amount?
Thanks and Regards,
R Senthilkumar
S. S. Rathi
19 January 2016 at 13:28
Sir
If have taken Power of attorney for civil suit and also wish to represent suit as party in person on behalf of Plaintiff. Can it acceptable by court.
And what is procedure for the same ?
pls guide
PramodKumar
19 January 2016 at 13:02
There was breakdown of the lift installed at our four storied residential building and as informed by the Co., required replacement of 17-18 parts which mainly include v3f drive and door sensor and some other parts for which the company charged Rs. 1.60 lacs. But when asked to give component-wise breakup the Co. failed to give the same and It was given to understand that huge amount was due to mainly two components i.e. v3f drive and door sensor. When we insisted the Company to give component wise break up, the Co. replied that it was system generated invoice and we don't give breakup of the components. The box containing V3f drive clearly reflects MRP of Rs. 32500/-inclusive of all taxes and the supplier of the Door sensor also informed that the total cost of the door sensor was Rs. 11305 /-( inclusive of taxes and delivery charges) . The total cost of the remaining 15 small components is not more than 10000/- - 12000/- in any case. The Company charged service charges @ Rs. 3500 for repair of the lift separately.
Thus the Company charged Rs.1.60 lacs against the actual total value of Rs.47000/-(component actual cost and service charge) i.e. Rs. 1.13 lacs more than the actual cost of the components. The Company is among the leading manufacturer of the lifts and taking advantage of the fact that the lift was under break down and the client has no option but to surrender before the Company for its repair, they charged an heavy amount of Rs.1.60 lacs without any justification of the price quoted by them.
In this connection please advise (i) whether Company can charge over and above the MRP of the product already available in the market;
(ii) Can Company is bound to give item wise details.
(iii) Whether the Co.'s plea that the rates were quoted based on the system generated invoice is valid?
(iv) How the excess amount charged by the Company can be recovered? If so in what way?
(v) Under which Act(s) can we pursue the matter with the Company. Whether such cases can be pursued thru Competition Commission Act, 2002 for abuse of dominance and under Consumer protection Act.
Please advise.
Pramod Beri
9968316761
Rajeswariii
19 January 2016 at 12:26
Sir, My Sister is married to Reserve Sub Inspector in Andhra Pradesh State Police in 2007. We have given around Rs 10 Lakh dowry, 100 Tolas of Gold along with a land worth Rs 1 crore in Visakhapatnam.
The couple have 2 children (Girl and Boy)aged 7,6 yrs respectively.
The problem now is My Sister's husband is having illicit relation with a lady doctor who is divorced already and he is neglecting the family. He is giving. Rs 17000 Per Month for maintenance and occasionally visiting the family.. My sister says he is also forcing her to give divorce so that he can marry the lady doctor again. My sister says he is also harassing her mentally and physically.He is spending most of his time with his illicit relation only.
Now, my query is what are the best possible steps we have to do to take action against my sister's husband who has become a Psycho?? Being a police man, he is committing this heinous crime.
irfan
19 January 2016 at 11:56
Respect sir (s) this fresh queries.
After 498a,406,34, 3&4 registered by wife now I received dv notice from the Court including my mother and sister. Can you plz guide us what should my mother & sister do in this dv case?
She left house without any reason and now demanding talaq n money. Since I failed to fulfilled her demand she started lodging complaints.
Further, 498a was lodged including my distance relatives who stay 50 kilomiter away in different city.
IO is promising that he will send charge sheet against my family and will remove my distance relative names. Is it possible plz guide.
YOGESH SHAH
19 January 2016 at 11:27
Our society building is gone for re-development, building is already demolished and construction work has started.
I want to exchange my new allotted flat (2BHK) with another existing member of the society having new allotted smaller flat (1BHK). Society as well as builder are ready to give NOCs for the same thru letter.
Now my query is, is it required to make society and builder as party to agreement for exchange as building is at construction stage?
Kindly advice.
Thanks in advance.
K PALANIVEL
19 January 2016 at 11:02
Respected Sir,
A SLP on land acquisition against the Madras High Court judgement is pending in Supreme Court. Whether can i get the copies of Affidavit and counter through RTI? Kindly respond please.
Gautam Talwar
19 January 2016 at 10:28
Respected Sir/Madam
1. I had a 3 year registered agreement with sub registrar with my tenant on 24 September 2015.
2. I took 2 months Security deposit and 1 advance rent cheque and 11 post dated cheques against my monthly rent.
3. My Tenant is not a good pay master and mostly dishonours my cheque.After chasing him i get my rent in cash which i deposit in his account and then encash my cheque.
4. Since January 2016 instead of giving me rent he has started asking me for petty loans of 5000 to 15000 to pay for basic amenties like BSES bill , salaries to domestic help etc.
5.ALSO THE TENANT HAS GIVEN ME ONLY 1 MONTHS SECURITY .Regarding second month security he has given me the post dated cheque but every month he requests me not to deposit the cheque as he does not have funds.
MY QUERY IS HOW CAN I TERMINATE THIS RENT AGREEMENT AS MY TENANT HAS BECOME A HEADACHE FOR ME.
PS IN THE AGREEMENT WE HAVE MENTIONED 1 MONTH NOTICE CAN BE GIVEN BY EITHER PARTY TO TERMINATE THIS AGREEMENT
kINDLY ADVISE
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Shop rent and eviction case
My father-in-laws (aged-75 years) have given two shop on rent for 1 years in 2008.
First 3 month the shop owner pay rent , after some dispute occure.
In 2009 , he filed case for Eviction .Still case is running.
1)From then and onward they nither paying rent or nither stated in court that they are
submitting rent in Rent Control.
2)Electric meter are in the name of father in law , but shop owner collcet electric bill
and pay them selves.
3)Only Two shop were given in rent , one shop keeper broken back wall and accure one
room also.
My question is
1)As they are using shop still now , is it possible to get order from court that they
should pay rend monthly ?
2)If they above question is "Yes" , please also inform , can we make them pay they
arrears ?
3)Is it possible through court that father in law can get electric bill and pay himself
instead of shop owner ?
4)Can speedy trial order get from High Court stating that he is of 75 , having serious
disease and having no pension and other earning ?
5)What to do as one shop keeper has acurred one room also ?