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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Jagmohan   06 April 2014 at 15:46

Divorce

I want separation from my wife . We have four year boy. I want custody of my child . Mine and her thinking is not matching. I married in 2009. Kindly tell me how much time it will take in divorce process and what is process for this.

Sudhakar   06 April 2014 at 15:42

Can i fight in high court against set aside order passed against my exparte.11

Respected Experts,

I am Sudhakar... I will be going to tell my query in detail on date by date in below.... please advice me and suggest me what can I do?

I have filed a petition in Family Court in Vijayawada under Section 12 1(a) in 2011, to make my marriage null and void because my wife left matrimonial home with in 15days of marriage date.

After that she filed counter to my petition and also filed 498 A and also for maintenance.

Now Coming to the points:

1. On November 1st 2013, I am as a petitioner, informed honourable family court judge, that my wife as a respondent havent been attending from past 3 times, So please award me Exparte, upon that Honourable Judge said that an Intimation is given to respondent that she should attend on December 2nd 2013.

2. On December 2nd, 2013 my wife as respondent DID NOT attended court, the same I have asked honourable judge that still today though she was intimated, she did not attended court in straight fourth time. As soon as honourable judge listened me, He said me to submit Exparte Affidavit on December 5th, 2013.

3. On December 5th, 2013 My Wife as respondent attended family court and submitted SET ASIDE Petition, Stating that She was absent on December 2nd, 2013 due to SHE GOT STRUCK IN BUS, WHICH IS STRUCK IN TRAFFIC JAM, so requested judge to set aside the exparte.

4. On December 24th, I submitted Counter for that Set aside.

5. Upon HEARING BOTH SET ASIDE PETITION AND COUNTER, Honourable Judge of Family Court has given ORDERS that court has Set Asided Exparte Decree in IA.

Now my question is she has never shown interest in matrimonial life and left the matrimonial home in 15 days and never rejoined still today, She has got absent for 4 times in a row. On 5th time, she came to court and says a cause that due to traffic jam she has not attended to court.

I to my self finding that Bus Struck Traffic jam is not provable and not a proper ground and she was interested in dragging case.... CAN I GO TO HIGH COURT for revision or whatever against this lower family court decision.

Please Guide me...

Hemanshu   06 April 2014 at 15:34

Query about providing road access to plots in a partition

Hi,

I'm from state of Andhra, and this question is about a family plot which was partitioned into 4 via inheritance.

My father owns the front plot, which faces a main road that runs along it's width (the plot is wide.. depth is shallow).

Now behind his plot similarly there are 3 more wide and shallow depth plots.

Adjoining on both sides of these plots are single owned plots.

My question is about providing road access to the plots behind us. The plot right behind us is ASKING that we give them a road by cutting it through our plot on the "east" side.

The following things already hold true:

1) There is already access to a perpendicular road for the said plot from one side due to an existing road cutting through the adjoining plot, and the adjoining plot owner is willing to provide unrestricted access (in writing) for ever.

2) Still the person with plot behind ours is asking for access via our plot ONLY.

What legal standing does that person have to ask us only, when another party with adjoining plot is willing to give them road access?

Also, does the law say the road must be given ONLY from EAST side or can it be given from any side that WE (the owner of front plot) see fit?

Thank you for listening, and looking forward to your response.

Thanks,
Sunil

sunnir   06 April 2014 at 15:06

Dv

I got divorced by way of mutual agreement on stamp paper which was notarized in 2005 our marriage last for only 2 months after that we filed police complaints, litigations on each other etc.She has admitted customary divorce in various court.She is earning 40000 pm she has filed 498,and DV in 2010.she has withdrawn 20,22 but she asked for residence order u/s 19 and finally judge ordered 6k pm. Its been 9 years to our separation and divorce then also is she entitled to get money for residence.She is living with her parents and well settled but she said i will harass u whole life.i was remarried in 2013 which i admitted in my family suit to get declaration.How can i get rid of residence order?since it is almost 9 years of separation.Please reply thanks a lot brothers.

dinesh kumar   06 April 2014 at 15:01

Income tax

HOW MUCH AMOUNT I CAN GIFT TO MY 65 YRS OLD PARENTS?IF MY PARENTS GIFT SUCH AMOUNT TO MY WIFE AGAIN.WHAT WILL BE THE TAX LIABILITY TO MY PARENTS AS WELL AS MY WIFE & MYSELF.CAN IT BE POSSIBLE TO DO SO FOR LOWERING THE TAX BRACKET. I AM IN 30% RANGE.MY WIFE NEEDS 50 LAC AMOUNT TO TAKE A PROPERTY.IF I CAN GIVE HIM DIRECTLY ,RENTAL INCOME OF THIS PROPERTY WILL CLUBBED.I HAVE MONEY. HOW IT CAN BE MANAGE IN MY WIFE NAME TO REDUCE THE TAX.

VISHNU   06 April 2014 at 14:50

Rti act-

INFORMATION FROM M/S ABC CO-0PPERATIVE SOCIETY PVT LTD

1. ABOVE FIRM IS COPERATIVE SOCIETY PVT LTD HAS ENGAGED MANPOWER. I WANT INSURANCE POLICY NUMBER (ESI) OF ONE PERSON ENGAGED IN THAT FIRM.
FIRM REFUSED ON SAYING THAT THEY ARE NOT PUBLIC AUTORITY COVERED UNDER ACT

PLS ADVISE WHOM TO APPROACH TO GET THE INFORMATION

Adv. karinamishra   06 April 2014 at 14:41

Labour urgent help required

departmental inquiry was held by the company by considering a complainant as an officer. the complinant was found guilty in the said inquiry. the complainant approached the labour court for seeking relief for not giving him fair oppotunity also depriving company for terminating his services and not to evict him from company quarter which is provided by the company. however the company opposed the application of the complainant that the complainant has no right to seek relief in the labour court as he is comes into officer catagory and labour court has no jurisdiction to try his application. however labour court decided the application and rejected the application of the complainant. the court deciding decided the application without considering the jurisdiction issue. the said order was given o 25th march 2014 and the complainant received the certified copy of said order on 3rd march 2014.. in the order it is mentioned that the said order would cum into effect from 9th april 2014.
whether the departmental inquiry valid as it was held considering the accused as an officer and not a workman/ employee. whether it is presumed that the accused is an employee /workman and not an officer as the labour court decided his application .
now what is the remedy for complainant? whether he should review the said order or go for revision. Plz suggest.

NAIM SIDDIQUI   06 April 2014 at 14:40

Plz suggest me....?



My wife is living sepreatly with her parents past 5 years and we have a baby child 6 years old. My wife is well educated woman and previously working in privet sectors.She File a maintanance case on me and i am working as a sales excutive in a shopping mall and getting Rs. 5500/- only. So how much i have to pay maintainence to her? and may i request to court for Custody of my child because my wife having very rich family background and i belongs to a middle class family so she said u can not fulfill my daughter's wishes so you have no rights to stay with her.

RAJESH KUMAR PANDEY   06 April 2014 at 14:27

i got misunderstood by my co-passenger

Dear Sir,
I was working with a Pharma Company and the nature of job was of frequent travelling. Now On 15/9/2011 I had reservation in side upper berth of XYZ train. while I was returning from Moradabad train arrived at Moradabad platform at 6.05 pm and I came to my seat, since it was inconvenient to seat on upper berth thus I sat down on lower berth. After a while a lone lady entered and she claimed that seat was booked in her name. I requested her to let me seat as I am doing some work in my laptop, will return to my seat afterwards.
But she started to quarrel and after the intervention of TT she stopped. Mr. TT had told the lady to move on other seat if she feels any inconvenient, since he can not comp ell anyone to sleep on their seat before 9pm.
This made the lady more angry and in this she informed her family members and friends on phone and reported that somebody on train doing mischief with her.
Now when train arrived at lucknow railway station I got arrested by RPF, now another day after my relatives arrived and I got bail.
Thereafter I had not got any information, as the incident reported while train passing Rampur, this case is sent in Rampur court. After 3 year, suddenly one day one Policeman came with warrant of arrest. My family member got annoyed and after request he agreed to help us. He suggested to go to Rampur and ask the court to callback warrent as I have no information.. and then the case will proceeed.
Please suggest me how to come out from this catastrophe...

Pran   06 April 2014 at 12:30

Eviction of tenants...

Respected Sir/Madam,

I want to remove my tenants from my house. Hence, if I file a case upon Section – 6 (c), 6 (h) and 6 (i) under chapter III of THE WEST BENGAL PREMISES TENANCY ACT, 1997 then what chances do I have, and how fast will I get a fruitful result.

I have photo proofs which can support my case.

Please reply…