Avishek
20 December 2014 at 01:03
in a 13 B application under the hindu Marriage Act 1955 one of the parties being the wife has agreed with the husband that the two male children being aged about 7 years and 11 years born out of the wedlock shall be remained under permanent custody of husband and this agreeable fact has been made part of the clauses of the application under section 13B of the hindu marriage Act 1955 . The application under section 13B after getting filed in court, is now pending for final hearing with the expiration of six months.
The wife in the application under 13B has agreed to give permanent custody of the two male child to the husband on the specific undertaking in a stamp paper with witnesses by the husband that the husband will send the children in every month to the wife for some days to live with her.
Now after filling the 13 B application the husband did not send the two male child to the wife in spite of her repeated request by breaking his undertaking.
Now my specific queries to the esteemed experts in the following:
1. as the application under section 13B is pending, whether the wife can file an application under section 26 of the Hindu marriage Act interalia praying permanent custody of the two children or can claim her visitation right of the two children.
2. whether such application under section 26 of the Hindu marriage act in a proceeding under section 13 B is maintainable ?
3. If maintainable ,provide me some rulling of high courts or Apex court in this respect.
in the event of any application is filed under section 26 of the Hindu marriage act 1955 for the custody and/or for visitation right of the wife pertaining to the two children and u/s 13B application is pending for final hearing ,i want to know :
whether court will decide first the section 26 Application of wife prior to decide the application U/s 13B of the Act.
Member (Account Deleted)
19 December 2014 at 23:58
Sir...this time I m repeated any query.....actualy I got bank account no of my wife through rti....but I do not get her bank account detail pnb bank....to prove her alligation wrong in 498 , dv , maintenace....so how to get her bank details ?...my all cases are in intial evidence stage........
indistresslady
19 December 2014 at 22:23
Hi Experts,
Need your advice in my case. Am a 35 year old housewife with a 1 year daughter. Since the second day of my marriage, my husband started torturing me physically, mentally for dowry. But after lots of patience I was trying to save my marriage as I loved him. He did not change his behavior even when I was pregnant and would abuse and physically torture me every time. I lost my patience and one day informed my family to take me back home when he got violent with me.
Let me point that we reside in different cities of India. Am now staying at my parents house and filed Domestic Violence Case against him. In spite of 4-5 hearings my husband did not turn up in the court. My lawyer just says that he will take some stern steps but nothing yet done.
Let me also specify that my husband calls, messages and even threatens me that he will not come for the hearings and I cant take any action against him. He has also gone to the extent of posting his matrimony profiles in websites and refuses to give any maintenance to us. My husband just says that I should go back to him, and I will gain nothing from this case?
Can anybody please advice as what legal steps should be taken.
Dnyanesh
19 December 2014 at 21:54
After working for 4 months(probation) for a diplomatic mission/consulate in Mumbai,India, I was been told that my services are been terminated with immediate effect from the next day on the basis of non performance.
for this, no written email or letter was handed over to me.
the extension of probation period was also not communicated by any written medium and neither any indication of termination was hinted.
On the day of my termination I wrote an email to the management asking for reasons for termination & showing my dissatisfaction with certain management actions but only verbally they gave me certain childish answers which were not acceptable by me.
I asked them to give some solid reasons for termination but the print-out of the mail i sent was torn out ridiculing the mail.
No monetary compensation was promised at the time I left, my access card and identity card were immediately confiscated & was told not to come from the next day.
I want to know if an experienced person can be terminated without any notice period (after probation period) for not committing any serious offence at the work place& just giving the reason for non performance.I have a total work experience of 13 years & worked a diplomatic mission in the past as well.
Also if there is a termination then can there be no monetary compensation for the loss of job?
Also is there any Act which can be refered to or any tribunal or court where the employer can be sued for causing sudden monetary loss and lot of mental agony.
These employers are diplomats working in india and representing foreign state govt.
Please help.
thanks,
Dnyanesh S.
Member (Account Deleted)
19 December 2014 at 21:47
I am a 35 year old housewife with a 1 year daughter. Since the second day of my marriage, my husband started torturing me physically, mentally for dowry. But after lots of patience I was trying to save my marriage as I loved him. He did not change his behavior even when I was pregnant and would abuse and physically torture me every time. I lost my patience and one day informed my family to take me back home when he got violent with me.
Let me point that we reside in different cities of India. Am now staying at my parents house and filed Domestic Violence Case against him. In spite of 6 hearings my husband did not turn up in the court. My lawyer just says that he will take some stern steps but nothing yet done.
Let me also hilite that my husband calls, messages and even threatens me that he will not come for the hearings and I cant take any action against him. He has also gone to the extent of posting his matrimony profiles in websites and refuses to give any maintenance to us. My husband just says that I should go back to him, but what about my security?
Can anybody please advice as what legal steps should be taken.
madhumita
19 December 2014 at 21:28
Dear COncerned
I have signed an assignemnt agreement for an apartment in Bangalore and given 20% advance. The apartment is ready to move in and Registration is due as of now. The seller had a loan with LIC. I am going ahead with some other bank for loan. Now when my bank has sought for a list of originals held with LIC we got to know that LIC has lost his original sale aggreement. LIC is sat=ying they are ready to give declaration that seller has given them original copy and they lost it. They are also giving me certified copy
1)Now if the seller closes the LIC loan and registers the property and then transfer it to me what the legal implications of this?
2) If I persuade my bank to sanction loan on certified copy then what are the legal implication i may have in future?
3) LIC is giving me an option that if I take the loan from them they ll forego the certified copy matter and sanction me loan for now and later I can get it transferred to where ever I want after registration in my name
AFter registration in my name whats the value or legal implication of older sale agreement?
Kindly hel
K S Nagarajan
19 December 2014 at 21:10
My brother & his wife were mowed down and killed by a speeding car driven by a drunken driver. He was booked under IPC 304 and jailed. Subsequently, he has been released on bail. (The Supreme Court had earlier advised that drunken driver who has killed people should not be given bail)
Is the releasing of the drunken driver by the court valid? Whether we should file a petition in the court objecting his bail. Please give an expert opinion.
J.C.Mishra
19 December 2014 at 20:14
Can the CAT grant an order of stay on the operation of order of Compulsory Retirement imposed on a employee as a penalty. If yes, what it would mean then? Will he be reinstaed back and allowed to work pending disposal of case before CAT?
dimplekumar
19 December 2014 at 20:10
sir
we are running a shop from more than 30 years and regularly paying rent. but landlord want to sell his shop. price of shop is too high so we are not able to buy it ryt nw. he said either buy it or vacant it otherwise he will go for court case. so is their any way that we will get an extension period of 3-4 years to buy that. or some other points by which will able to stop eviction. ?
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Meaning
sir
what is the judicial proceeding means . does vakalat naama comes under the defination of judicial proceedings ?
please reply with illestration thnkd