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Queries Participated

Arati Gawde   02 January 2019 at 13:22

Re: divorce petition

This is related Divorce petition filed by my friend’s Husband.

Brief of case:-
1. Allegation on wife is Mental cruelty (which all are baseless and very funny ).
2. No child from such marriage.
3. They both are living separately more than 3-4 years.
4. Wife is willing to stay together but husband not.
5. Wife is working women.

Queries are :-
1. If husband not ready to stay together then what remedy will available to wife?
2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
3. Is wife get Permanent Alimony from her husband?

Thanks in advance..............

Arati Gawde   04 November 2017 at 13:50

Re: parking allotment

Hi! This query is regarding allotment of Stilt Parking by Builder prior to formation of Housing society but post purchased of Flat by my friend. Builder has issued allotment letter to him on their letter head. Now the Society is form and Society is against to previous allotted parking. Society is saying Builder has no right to sell Parking area and only society have right to sell. Please Guide / opinion in the said matter.

Arati Gawde   15 October 2015 at 13:08

Re: require legal provision to put restriction for growing of peepal tree near home


My friend’s neighbor house his neighbor plant Peepal Tree. And neighbor is not ready to transfer Peepal Tree elsewhere. Is there any legal provision which forbidden to grow Peepal Tree near the house ?

Arati Gawde   31 March 2015 at 12:30

Re: sec. 498a of ipc

From last 5 to 6 months my married friend living separately with her Mom & Dad due to cruelty, not give permission to meet her Mom & Dad, relative, friend…etc & other issue with her husband & in law’s. And also they demanded money from her; She want to stay with them but they are not ready to take her their house. Therefore, now She want to file complaint under sec. 498 A. My question are :-


1.Is it requiring that at the time of filing complaint under sec.498A she should live with her husband as his house?


2.What is the time limit for filing 498A?

Arati Gawde   25 February 2014 at 17:21

Purchase of tribal land by non-tribal

My friend is a Non-tribal who wants to purchase Tribal land in Maharashtra. As per Sec. 36 & 36A of Maharashtra Land Revenue Code non tribal can purchase tribal land with the prior permission of Collector. But I heard that currently Bombay High Court has been passed the judgment which stated that Non-Tribal can’t purchase Tribal land, Only Government is a right to make compulsory acquisition of that land if situation demand.
My query is that is this type amendment / judgment has been passed by any Court?

Arati Gawde   30 December 2013 at 13:16

Re : succession right in maternal property

My friend’s grandfather (maternal side) gets rights in agricultural land as a Kul. At present his grandfather as well as his mother (grandfather’s daughter) is no more. His maternal uncle’s noted their name on 7/12 Extracts except their sister (Friend’s mother) because she was deceased at the time of including name on 7/12 extract.
Therefore in this case, can my friend get right in his maternal side property as successor of his deceased Mother? (Please note that his Mother’s name was not there on 7/12 Extracts & property received by his grandfather as KUL)?

Thanks!

Arati Gawde   09 October 2013 at 18:14

Re : khalsa land

My friend want to purchase 4.75 acres Agricultural land in Ratnagiri . The 7/12 Extract of the said land shows noting of “Khalsa Land”.
My query is that can said land is transferable or prior purchase permission require?

Arati Gawde   05 October 2013 at 13:24

Re: encashment of cheque payment without knowledge

From my friend’s bank account without his knowledge 2 transactions has been done.

Both the transaction is cash (in hand) against cheque. (2 cheques are misplaced from his cheque book therefore there is no question of mark as Account Payee)

Is there any source to know who encashed the cheque payment? (This incident happen approx last two month back)

Arati Gawde   03 October 2013 at 15:14

Re: gift deed

Can a father gift piece of land (Agricultural land) to his son which is affected by S. 43 of Bombay Tenancy & Agricultural Land Act 1948 of Maharashtra? OR any Sale permission require prior to Gift Deed ?

Arati Gawde   27 September 2013 at 15:37

Re : dispute resolution clause in service agreement

It is on the subject of Dispute resolution clause in Service Agreement.
In one Service Agreement it was mentioned “Jurisdiction” clause in which it was stated that “The Courts of Delhi / Mumbai shall have Jurisdiction over all matters arising out of or related to this Agreement “.And in another paragraph it was stated provision regarding Arbitration clause such as Number of Arbitrator, Venue & that Arbitration award shall be final. My queries are:
a.In such type of Agreement which dispute resolution is prevail whether Court decision Or Arbitrator?
b.In agreement it was mentioned that “The Arbitration award shall be final and binding upon the Parties” then can that Parties of the Agreement are in position to go to the Court if they first approach to Arbitrator?