Family Law queries [14195]

Arvind Singh Chauhan 11 August 2009 at 18:46

D V Act

Whether female member can be prosecuted under protection of woman from domestic violence Act 2005

saswati gupta bagchi 11 August 2009 at 18:35

A factory is constructed on an agricultural land which is still not converted. Sanctioned plan is there of the factory site. If a bank wants to create equitable morgage of the immovable property i.e. the said factory site against loan, will it be a valid mortgage?

Continue

vinod bansal 11 August 2009 at 18:00

Cancellation Report filed by police in court

R/Members
One person filed a complaint case of cheating against my friend in court and court sent this complaint for police investigation and police filed a cancellation report in favour of my friend,later on complainant protested this cancellation report and recorded his statement in the court ,court summoned my friend,now case is fixed for defence .I want to know whether police cancellation report is admissible or i have to prove it by leading evidence.If i have to lead evidence than i have to examine Investigation officer or Record keeper of police.Regards

Continue

vinod bansal 11 August 2009 at 17:53

Attachment before judgment

R/Members
Kindly provide me some recent citation on order 38 rule 5 (Attachment before judgment)I am representing defendent n plaintiff has filed application for attachment of my property before judgment in recovery of Rs. 55000/- Case.Thanx With Regards

Continue

saumit joshi 11 August 2009 at 17:42

wind energy

Dear All., i want the ammended wind energy policy for gujarat

Continue

Ria 11 August 2009 at 17:35

Setting aside of Exparte order

My Divorce case had been transferred to the fast track court in March after it was pending in the family court for 5 years. However after transfer of the Divorce petition the Respondent did not appear in the court for consecutive 5 times, therefore a notice was sent by the fast track court informing the defendant husband about the transfer of case and subsequent date for appearance.

However even after receiving the notice my husband did not turn up in the court for more than 4 hearings. As a result the judge on 4th June 2009 passed an ex-parte order, but on the date I was to receive the order that is 10th August 2009, (Please note that the the limitation period of 30 days is over) my husband suddenly appeared in the court at the last moment and submitted an application for setting aside the ex-parte order citing that the courts passing of exparte decree was an oversight as my husband did not know about the transfer of the case to the fast track court., which he is lying as the there is a copy his acceptance of the notice sent by the hon’ble court.

I have filed my say and have requested to dismiss the application for setting aside the exparte order on the following ground which is true:

1) Failure to cross examine me for a period of 4 years, even though I was always prepared for my cross examination (Iam appearing party in person). However my husband in the application to set aside the ex parte decree has stated that he wants to cross examine me now, which I feel is a delay tactics on the part of my husband

2) Non – appearance even after receipt of the notice of transfer of case to the fast track court

3) Default in payment of maintenance for one year (I have already filed a recovery petition for the same.

Please advice if based on the above grounds can I object the setting aside of ex-parte decree and object to my cross examination after 4 years ?

Regards,
Ria

Continue

Manjunatha 11 August 2009 at 17:12

79 A

We had purchased a property in mysore in 1994, but Assistant commishner initiated 79a b on seller whom we purchased land and forefited the property,we went to appllet where the appleat set aside order in 2004 stating the seller to us has not violated 79ab and said if required procceed against the purchasers in 2004, ac enquired us said no need to procced against us, but now the seller from whom we purchased land is black mailing and gave application to AC to forefit the land, Now AC has passed order to forefit our land under su moto powers,

Please any suggestions what to do

Continue

Ranganath.T 11 August 2009 at 17:06

how to challenge the final decree (partition)

Dear Sir,

Final Decree provided in the year 1989 but we came to know that there is some fraud or misguidance in the final decree, we having proper evidence in this regard, please tell me how we can take the justification on this issue. This is basically partition suit filled by my grand mother for her share in her father’s property with third party (Mr.X).

2) Third party Mr.X acquired entire property by setup of will. but court given the judgment (separate judgment) for cancellation of will by saying will was arranged by fraud and not genuine but still date in local authorities having this name in there register, please give me your precious opinion on this matter that means how to cancel his name in the local authority (BBMP). Can we approach for writ petition on this matter or not.

Kindly help me please.....

Thanks with advance.

Ranganath.T

Continue