merry
09 October 2015 at 08:59
Hello sir, I am getting married to a guy who is divorce, and he had married to an Indian Girl before 2 years. After that he got his divorce from Canada. He went to the court, filed application, and then court issued the order for divorce. Divorce paper was sent to that girl and boy. So is this a Valid divorce in India?
Anonymous
09 October 2015 at 07:29
Sir/mam,
मै फैजावाद यू पी का रहने वाला हूँ! यह प्रश्न मेरी बहन के सन्दर्भ मे है|27 फरवरी 2015 को मेरी बहन की शादी हुई थी| लडके की नौकरी रेलवे में लगने वाली है उसके पिता जी की जगह जिनकी मृत्यु हो चुकी है| लड़के की नौकरि देख कर ही मेरे घर वालो ने ये शादी की थी| शुरुआत में मुझे लड़के के घर वालो का आतंरिक कलह नहीं पता था| वे सभी आपस में ही पूरी तरह से परेशान रहते थे| बहन की शादी के बाद उन लोगो ने उसे भी अपनी आतंरिक कलह का शिकार बनाया| एक दिन तो लड़के की दीदी और जीजा ने लड़के की माँ क साथ मिलकर बहन को सुबह ही जलने की कोशि श की बहन क चिल्लाने पर लड़का और उसका बड़ा भाई आये और माँ को मारा और बहन को दूर किया| उस समय बहन ने मुझसे या मायके में कुछ नहीं बताया कारण था की उसके पति ने कहा की घर पर कुछ मत बताना नहीं तो मेरी नौकरी पर दिक्कत आ सकती है|और इस घटना के बाद उसने और उसके बड़े भाई ने बहन को मायके ला कर छोड़ दिया ये कहते हुए की अब जब नौकरी लग जायेगी तो बहन को ले कर जायेंगे|
ये बाते की बहन को वहा जलने की कोशीश की गई मायके में बहन क आने क बाद पता चली| हम लोगो को लड़के ने भी बताया की ऐसा हुआ है लेकिन ये कहते हुए चुप रहने को बोला की मेरी नौकरी पर दिक्कत आ जायेगी सो आप लोग अभी कुछ मत करिये नौकरी क बाद वो बहन को अलग लेकर रहेगा| इसलिए हम सभी शांत थे| 5 महीने बाद अचनाक वो बहन की विदाई की बात करने लगा वो भी बिना नौकरी लगे हुए। और बहन के साथ जो कुछ भी वहा जलने वाली बात हुई थी उसको भी कहने लगा की सब झूठ है| अभी बोल रहा की यदि बहन कओ नौरात्रि में विदा नही किया तो वो उसे नहीं रखेगा| हम लोग कोई केस नहीं करना चाहते है। और बहन की सुरक्षा भी चाहते है। हमें अब डर है की वहां जाने पर बहन को बहुत प्रताड़ित किया जायेगा और हो सकता है की वो सब उसकी जान भी ले ले। मैं और मेरे घर वाले चाहते है की रिश्ता संभल जाये| फिलहाल कुछ समझ नहीं आ रहा है। आप विशेषज्ञो से इस बारे में सलाह चाहता हूँ। धन्यवाद!
Ajay Kumar Reddy
09 October 2015 at 01:49
Case :-
I am Ajay Kumar Reddy, I got divorce from my wife April 2010 on cruelty basis. I won also 499A case on Aug 2012. She is not getting maintenance from Family court because she is working as professor. She is getting monthly salary nearly Rs.35000/-. I am paying maintenance for my daughter, who is 14 year old. Now she has applied DV case against me after divorce of 5year. I am not residing with her last 9 years (from August 2006). My parents are also residing in different city which is just 35KM away. But my wife & I leaved my parent’s house from April 1997. Now court has registered on DV case against 3 person (Myself, father-82yrs old & Mother-72yrs old). She has forcefully unauthorized captured my purchased house. This thing has written in the judgement of Divorce & same in the 498A judgement also. For eviction of that house civil case is going on the Session court.
She demanded following things:-
1. She wants residing on that house which is captured by her.
2. She wants maintenance for her & children. She wants money which is invested by her to making unauthorised civil construction. For that illegal construction I got stay order from Civil Session court.
3. She wants “Stridhan”. But in 498A case in that evidence she has accepted that every things in her hand. But she has captured my things I have applied 406 against her and which is going on High Court, Bilaspur.
Please give me suggestion on following:-
1. After 5yrs of divorce, from 9 years we are not residing in shared house & from 17 years my parents are not resided with us. Weather this DV case is maintainable? Any Judgement on this matter from Supreme Court or HC?
2. Weather after such long period she has applied DV which is maintainable? Any Judgement on this matter from Supreme Court or HC?
3. When family court has rejected the maintenance whether JMFC can decide maintenance who is getting very good salary? Any Judgement on this matter from Supreme Court or HC?
4. I won 498A and the charges are all most same in DV also. When I won 498A case then on the same matter she can fight DV? Mean on same fact weather she can put DV. Whether it can be maintainable? Any Judgement on this matter from Supreme Court or HC?
5. After divorce weather she can get residential rights from me? Weather it is maintainable? Any Judgement on this matter from Supreme Court or HC?
6. When I am paying maintenance to my child so weather she can get multiple maintenance by DV.
Please Help me. It is urgently required to me. If any judgement on this case which is relevant to me then please provide me.
Ajay Kumar Reddy
ckanta
09 October 2015 at 00:49
Sir,
Plaintiff has filed one suit for specific performance on the basis of unreg. agreement to sell .However our defence is that he has obtained the sign on gun point and we have also made complaint in Police station.I have already transferred the property by way of GPA in favour of my wife 2 years back before the date of agreement to sell filed by plaintiff. The case is now listed for final arguments and my wife has moved application uO1R10 cpc to implead her as party as she has Power of attorney in her favour in respect of which plaintiff is claimimg possession. what are the chances that she may be implead as a party as in the reply given to aplication plaintiff quoted judgements which says that stranger to contract cant be necessary party in suit for specific performance.
Please advise some judgements which says that as she is having POA in her favour so she should be implead as necessary party in the case.
thanks!
ckanta
09 October 2015 at 00:39
Sir,
Plaintiff has filed one suit for specific performance on the basis of unreg. agreement to sell .However our defence is that he has obtained the sign on gun point and we have also made complaint in Police station.I have already transferred the property by way of GPA in favour of my wife 2 years back before the date of agreement to sell filed by plaintiff. The case is now listed for final arguments and my wife has moved application uO1R10 cpc to implead her as party as she has Power of attorney in her favour in respect of which plaintiff is claimimg possession. what are the chances that she may be implead as a party as in the reply given to aplication plaintiff quoted judgements which says that stranger to contract cant be necessary party in suit for specific performance.
Please advise some judgements which says that as she is having POA in her favour so she should be implead as necessary party in the case.
thanks!
Dharm
08 October 2015 at 23:29
Dear Sir, Madam
I was worked for 2 years for my company, in the last torchared by BM, also blamed me for bribe, I left the organisation after complaining of my BM to commercial director, I served one month notice period instead of 2 months as per my appointment letter, now company kept my salary of one month notice period as well as not giving releiving letter and exp. Certificate.
Kindly confirm what legal action can I take against my BM and company.
Anonymous
08 October 2015 at 22:12
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Yogini
08 October 2015 at 21:45
Hi Sirs,
Kindly clarify me the below.
1) Whether company can sue ex-employee on theft/stealing the documents while in service or on any other ground even after issuing the relieving letter from the company?
2) whether ex-employee can sue to company on grounds of harrassment, high work pressure, etc even after receiving the reliving letter from company.
3) if yes to 2nd qstn, what is the time limit to sue to company?
4) During exit interview, company has taken a bond from me that for next 12 months i should not be sharing the information of the company to anyone based on my role.
4 a) Is this valid. If yes, my company has not paid the minimum wages to many of employees. will the disclose of those documents to labour dept or to court, will it be harmful to me and whether company can sue me for breaking the agreement? or after 12 months can I disclose the information?
5) What is time limit to sue to company by an ex-employee & vise versa?
Amol
08 October 2015 at 21:12
I am a practicing Lawyer
A member holding a Commercial Gala of 5500 Sq ft covering entire ground floor area of the society.
the said entire area have been considered as only one unit and the society has been charging the maintenance to the said member according to the area in his possession and ownership.
in the building plan the same is shown as a one unit only and 26 years back while issuing share certificate for the entire area only one share certificate has been issued by the society mentioning the said entire area therein.
however now the gala owner wants to sell part of the commercial premises due to loss in the Laundry business which he is conducting there.
but now after 30 years he is asking the society to issue him 10 share certificates on the ground of his alleged claim that the entire area comprised of 10 units.
he is asking 10 share certificates because he wants to sell the part premises.
So can the experts of this field please guide me as to whether his claim is tenable in Law ?
can society issue 10 share certificates if yes under which provision of Co Op Act or bye laws ?
what are the condition or requirements society ask the member to fulfill before issuing any such 10 sharecertificates to enable him to sale the galas in future ?
whether society ask him to amend the building plan first before taking any step of issuing any such 10 certificates ?
please guide
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