Ria
06 September 2009 at 14:55
Respected Experts,
Mine is a divorce case and Iam the petitioner (party in person). The court had granted me Interim Maintenace in 2004.
My husband paid the Interim Maintenance for 4 years and later in since 2008 till date he did not pay me the Interim Maintenance. I filed a Recovery petition in the court for the same, so my husbands lawyer has now in 2009 after one year pleaded that the had Interim Maintenance be Set aside as my husband has retired from his company and therefore has no income.
Therefore:
1) Can I claim my arrears of maintenance to be paid from the Provident Fund of my husband which he recived on retirement ?
2)Would the court be justified in setting aside the Interim Maintenance when I do not have any other source of income ?
Please advice.
Suresh C Mishra
06 September 2009 at 13:42
i have been alloted a plot by a housing society and i have paid full amount to the society but that plot was given to some one else and also sale deed executed in his favor and now one of the responsible member has died and no body is caring in that society to return my money or giving me plot ? what i can do ? pl advise me procedure and action to be taken agianst that co - operative housing soceity /
akash jain
06 September 2009 at 12:38
we got our two land property,which we purchased from common seller.We did mutation or got B 1 from Land Revenue Dept. in name of 5 joint owners ,let say A,B,C,D,and E i.e purchaser of both the properties in year March 2005 , and for cancelling both the mutation orders ,Sellers appelled to Upper Appealent Dept. ,by making party in first case B,C,D,E and F ( note-,mutation order was not in name of F,it was in name of A instead of F),and in second case made party to A,B,C,D,F( note- not made party to E,instead,made party to F) and got Ex-party order,by making setting with the Dept. and got a SINGLE ORDER mentioning details of both the cases and order in name of B,C,D,E, and F ,i.e not in name of A.in Nov.2005.
So,in the Cancellation order,that a Single Order for 2 cases,and where,they
------------------------
made parties also different i.e a party was not same in the two appeals filed by them ,but Order was one and in name of B,C,D,E and,F.
We want to know,is that -
1]IS Order is binding on A ,as on his name ,there is no order issued,nor he was made party in Appeal case no.1?,
2]Is Said cancellation order is binding on E,as he was not made party in second appeal case ,but a common Cancellation Order for two cases was against him?
3]can there be a single order for two appeals,where party were not the exact same,because in one appeal party made was b,C,D,E and F and in second appeal ,party was made to A,B,C,D and F ?
4]Can they can make the changes now in order they got,as it is more than 3 years lapsed,and we filed the appeal case to Appealent Authority,imediate,after coming to our knowledge,i.e in Dec.2005.The case is still pending?
5]Is Cancellation order is Right, and is binding on all,as according to me,order cannot be partly wrong or Partly right,it can be right fully or not valid totally.?
6]What course of action can be taken by us to get quick remedy,can Right to information Act can help us ?
please help me and oblidge.
Thanking You Sirs,
Akash maheshwari
ibrahatim@gmail.com
06 September 2009 at 12:27
Hi everyone
i have done inter CA, I want to pursue LLB can anyone help me out with the procedure how and from where can i get the detail procedure how i can start. I want to do part time course.
Thanks in advance
shahnaz
06 September 2009 at 12:10
Hello All,
I am a sunni hanafi,
Will Orphaned grandchildren get any share in their grand mother or Grand fathers property as per Sunni Mohammedan law..
or they are completely excluded from inheritance by their aunts or uncles.
referred book Mullah book (Bible), he has said in section 65 , as Son's son will get some share but he has not mention wther the son's father has predeceased his father or mother.
Please clarify..
D S Shivappagoudar
06 September 2009 at 11:33
Karnataka State Road transport Corp.(KSRTC) had hired a pvt Bus on contract which met with accident. Claim pet.is filed by injured inmate and only the hired bus's insurer and owner is made respondent party. Is it necessary the KSRTC also should be made respondent?
Atish
06 September 2009 at 07:48
In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years and is there any right of the wife on the property on the husbands name where funds have been invested after sale of his parents property on his name.
Regards
anusha
05 September 2009 at 23:21
is state domicile reservation in educational institutes valid???
the other party's contention is that " indian constitution is not having any feature which supports the state domicile".
Vishal jain
05 September 2009 at 22:35
Hello,
I am having a matrimonial dispute with my wife for the past 2.5 yrs. She is living with her parents.
She has filed application U/s 24 HMA,
in which she has claimed that I am earning more than 1,00,000/- pm.
Also, she is asking for Rs. 20,000/- to support her and Rs. 22,000/- as litigation Expenses.
For My Reply
I have submitted that I am doing a private job as salesman and earning 4000/-(salary certificate attached)
Some briefs facts are:-
1.I don't file Income tax return as I don't have this much earnings
2.I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4. She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLb 2nd year from CCs University, Meerut for which she has given Rs. more than 35,000/- as fees(proves attached)
6. Recently I came to know that she is a income tax assessee and file her return also.(but don't know how much)
7. Before marriage she was a working lady and earning around 7,000/- pm.(for this she has given in written in Income Tax Department also). I know all this but that is off-records.
After going all the points, please suggest me..what should I do.
Should I tell the court that she was a earning lady before marriage and she is Income Tax payer
Don't you think that the judgement(s) will applicable
1. HIGH COURT OF MADHYA PRADESH
Civil Revision No. 1290/99
Decided On: 24.03.2000
Appellants: Smt. Mamta Jaiswal
Vs.
Respondent: Rajesh Jaiswal
Para-6
2.IN THE HIGH COURT OF DELHI
Date of Reserve: 25.7.2008
Date of Order: 18th September 2008
CM(M) No. 1790/2006 and CM No. 14635/2006
18.09.2008
Ritu Raj Kant ... Petitioner
Through: Mr. S.K.Tyagi, Advocate
Versus
Anita ...Respondent
Para-7
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Tennancy..
Dear all
our partition suit is decreed in 1960 in name of 10 decree holders,The suit is still pending in final decree proceedings, It has revenue lands in many survey numbers all types of lands like wet lands dry lands etc.
Meanwhile around 4 acres land in two survey numbers has been given on Bhogim(lease) to one farmer by one of the decree holder with out knowledge of other 9 decree holders during pendency of suit, this land has went into tennancy as per tennancy act of 1974, But the tennant who was ploughing the land died and he has no heirs, now his brothers children claiming to be tennants and also has filed an objection in pending final decree proceedings that they are the tennants and also they have thru some wrong means have made some papers to show as tennants.
My questions
1)whether land can go in tenancy even though that land is a part of pending civil proceedings which is decreed in year 1960. whether tenancy holds good if suit is pending for that land and it has been given on lease only by one of the decree holder with out knowledge of other decree holders during pendency of suit.
2) if the original tennant dies with no heirs, than that land will be of orginal land owners who were there prior tenancy.