16 October 2019 at 07:43

Prolonging the case

My wife physically assaulted me in the premises of women cell in 2016 April.

A criminal case is in progress against her. In June 2016 she filed RCR in a different court

In August 2016 she filed DV against my parents and my 81 year old grandmother at Magistrate court in another district. Her claim is that the property owned by my grandmother is her shared house. Highlighting the reason that the marriage was conducted in a church adjacent to the house of my grandparents for their convenience. I am born, studied and working in another district. In September 2016 she filed 498a in another district. The petition includes stories of stolen ornaments, damaged certificated, physical and mental torture etc.

In December 2016, I filed Divorce.

All the cases are going on.

In August 2019 I got Speedy trial order for DV. since wife went abroad when a part of her cross examination was over..

So, she came home for 4 days and just before the commencement of second part of cross examination, she deleted 3 major reliefs in DV in magistrate court.

Then she filed almost the same petition in family court in the same district. She went abroad again. I understand that this a step to prolong the case for several years. What can be done from my side for speedy disposal?

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14 October 2019 at 16:37


kindly advice , MoU of family settlement mentions share is to be divided on percentage basis,not on Metes & bound basis , which one of the two options is better when a WILL is to be executed

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14 October 2019 at 14:53

Maintenance charges taken in advance

Dear Sir,
The builder took maintenance charges for 2 years. They also said that the charges would be applicable for two years starting from the time we took possession which happened on 28th June 2018. Now conveniently they say that as per their rule they are applicable from the time they received the OC which was in Sep 2017. This is not inline with their commitment. There are many who have the same problem in our society.
Please guide and help
regards Anil More

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Dear Experts,
My Brother Vijay married in 1994 and within a year shifted from our parental home to a rented accomodation because of pressure for the same from his wife.He had an independent business at that time. Subsequently,our elder brother allowed them to stay in a DDA flat owned by him.Vijay met with an acident 10 years after his marriage which caused an 86% disablity and thus rendered him incapable of any meaningful occupation to provide for his family(comprising of wife, 2 sons and a daughter). He was awarded a compensation of around 16 lakhs a few years later. My father contributed another 13 lakhs and made a fixed deposit of 29 lakhs in my brother’s name . All his medical as well as household expenses have since been met by our parents out of their and my joint business and interest accruing from the awarded compensation. In 2009, our magnanimous elder brother gifted him his flat he was staying in since 1997. 2 years after his accident, his wife started working as a teacher in a school where she is now the Principal. She never contributed towards household expenses and their children’s education.Around the same time, I started taking my brother to my office as he was feeling lonely, a practice which has continued till date.Although, my brother does not have any share in the business and cannot work productively, we started to show INR 30000 as his salary. Ever since his accident, my brother has faced utter neglect from his wife who does not even sleep with him in the same room, goes off to her parents every weekend and frequently travels outside Delhi with her children in tow asking her husband to go stay with his parents while she is away. Two of their sons are now in US, the elder one working and the younger one studying. The daughter is in final year of graduation. Their immigration/education expense have also been borne by our parents. All three children are over 20 years of age. My brother needs constant care as he suffers from frequent breathing problems and requires medication through a nebulizer. Due to my parents dwindling savings and sorry state of my business, we gave her INR 5000 less as monthly expenses about 3 months back. She threw a tantrum and asked my brother to go stay with his parents as she was going to accompany her niece (from Dubai) for a sightseeing trip in India. She did not return for the next 2 months despite numerous calls of request from my brother.The children have not spoken to their father since this incident. We involved a third part for rapproachment in whose presence she asked for the Compensation money Fixed deposits and the ownership papers of the flat they have been staying in for the last 20 years. Both these documents are with our parents as they feel that she will pressurize Vijay to dispose off the property and enacsh the FDs and desert him forever.She has come back to her matrimonial home but refused to let Vijay come there without the documents that she has demanded.She is also demanding Vijay’s share of the business. After so many years of suffering at her hands, Vijay has finally agreed to let us initiate divorce proceedings against her. Please advise about his rights and what all more he has to forego to finally breathe easy.

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13 October 2019 at 08:14

Need your advice

Dear sir,
I own a flat on third floor in four storey building. I gave it on rent. Flat was purchased in 2009 in virar in Palghar. My licensee verbally complained 3-4 months back that water tank above bathroom automatically get empty and also some fittings are leaking. For that I sent plumber and get it repaired. After that there was no complaint.
I never done any changes in pipeline in bathroom. Everything is as it is, as given by builder.

Now suddenly 3-4 days back I get complaint from my neighbour and below floor flat that they are getting water leakage from my bathroom to their home. Immediately I sent plumber next day and plumber now told me its major work and bathroom tiles will have to be broken to find leakage in pipe line and pipes had to be replaced as they rusted. I did all that expenditure and replaced all pipe line in my bathroom and leakage stopped. But now neighbour and below flat owner, is harassing me that he also need compensation for damage in his rooms. But when I see his room it doesn't seem that damage is so major and only because of water leakage which came to my knowledge in last 4-5 days. They had given first time written complaint to society regarding leakage and damage just 4-5 days back. Out of which leakage part already solved in my room at my cost immediately .

Now I want your guidance, what to do for their wrong demand of compensation for damage to their home? What law says? Please guide me.

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07 October 2019 at 11:13

Delhi school education act

As per Hon'ble SUpreme court, Interpretation of Rule 105 DSER states that probation period can be at most upto two years after the initial appointment and thereafter the employer / school Mgt. is required to either confirm that employee on regular post by a written letter or terminate his services in case the school does not want to continue with that employee.

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24 September 2019 at 20:30

Petition for commission u/s 284 crpc

My father is a witness in a property related criminal matter filed in 2012.Charge sheet submitted in 2013, Trial began 2014.Father has been approaching the court since 2014 to have his statement recorded owing to his ill health, he being 83 years old.Father went from Jalpaiguri to rajasthan in April-2017 for recording his statement, His chief was completed and during cross by defense he fell ill and the witness was deferred.His health has further deteriorated.He filed application u/s 284 for commission in 2017 which court rejected in 2019 citing the reason as if he can sustain expenses of commission then he can more comfortably come down to court.A petition u/s 482 is pending with High Court, meanwhile the local court has once again ordered his witness personally else issue of warrant.High Court preoccupied with bail.matter do not reach.An ailing individual of 84 years with serious cardiac conditions himself asking for his witness since 2014, which took place in 2017, his commission petition rejected with taunt that he can travel at lesser cost to court, and now being threatened with issue of magistrate.
A very difficult situation health wise, money wise.

01. Can we file another application u/s 284 before the same court on designated date ?
02. Can the court refuse to accept second such petition ?and issue warrant instead ?
03. Any Other Remedy ?

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23 September 2019 at 22:20

Provisional pension

My relative has been convicted by lower court in anti corruption case. However, before conviction, he got retired with all retirement benefits except pension which was sub judice at that time(for all employees). Post retirement, pension case was won and it was paid to other retired employees except my relative, on grounds of conviction in lower court.
Is he entitled to provisional pension pending appeal in higher courts.

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