sanjiv
21 December 2015 at 13:24
Sir
Can we utilise society fund for cctv installation and under which co operative law.
Adv. Yogen Kakade
21 December 2015 at 13:19
The Bombay High Court, while upholding a sessions court order directing a man to pay maintenance to his former wife, observed that there was no merit his contention that he was not liable to pay maintenance since the divorce was obtained on ground of desertion by the woman.
The man had approached the HC stating his wife had deserted him 11 years ago, leading him to file for divorce.
At the time of divorce, the court had directed the husband to pay a monthly maintenance of Rs 450 to his former wife. However, the two came to an agreement whereby the woman would accept a sum of Rs 65,000 as a one-time full and final settlement and relinquish all rights to claim any maintenance in future.
She, however, filed for maintenance before a judicial magistrate first class later but was denied any relief. She then appealed before a session court and was awarded a monthly compensation of Rs 1,000, which was challenged by the man in the HC.
The husband approached the HC saying the sessions court had erred in discarding their relinquishment deed.
Justice M S Sonak, however, said, “After decree of divorce is passed, there is no obligation to live with the husband, and though marital relations came to an end, the respondent (ex-wife) continues to be wife within the meaning of Section 125 of the Criminal Procedure Code.”
Citing a Supreme Court order, the HC said, “In the capacity as a divorced woman, she cannot be disentitled to claim maintenance from the person as once she was the wife. A woman if after her divorce becomes destitute, the man who was once her husband continues to be under statutory duty and obligation to provide maintenance to her.”
The court said there is no question of relinquishment of right to claim maintenance as such a clause cannot be enforced in a court of law, as the same would be opposed to public policy. “There is no merit in the contentions that since the divorce was obtained by the petitioner on the ground of desertion, ” stated the HC.
The court has directed the man to pay arrears of the maintenance to his former wife within three months.
Adv. Yogen Kakade
21 December 2015 at 12:30
http://www.lawyersclubindia.com/articles/Legal-documents-to-be-checked-before-buying-a-property-in-India-6944.asp#.Vneh-Pl97IU
ALOKE SARKAR
21 December 2015 at 11:18
What is the format of giving reasons why one is filling in person PIL in SC without hiring advocates.
Pawan
21 December 2015 at 10:26
Sir,
I am owner of a house by way of vasiyat of my parent and now I want to sell that property.I want to know
Will I have to pay long term capital gain tax?
Please tell the rules of tax my case.
neeraj
21 December 2015 at 10:23
Sir as I have discussed before that my dept lodge a for against me for embezzlement of 3.76 lakh now police file charge sheet in court after 130 days of fir but in fir there is not a single proof of taking money not a single paper that proof I have taken money and in some statement they use false person as govt employee and take statement that 8 month before I have seen me taking money.. And a person against whom I raid that I don't know when transformer install but I am seeing him taking money. And many more false statement.. Even for which money they r claiming that has a time period till January after that there was no sign remain that whether he was a consumer or not.
Neeraj Pandey
21 December 2015 at 10:21
Sir ,mere dadji 4 bhai the. Batware ke liye jaruri hai kya 4 family ke members ka hona ya koi ek family batwara karke apna hissa lele ?
pl1532a
21 December 2015 at 10:04
Once an Order is issued in a eviction case can a some one who is not at all a party in that case file a Caveat stating that he is a party in the case and was uninformed.
Is such a caveat file by a person who is not atall a party in the case be accepted by the court.
santoshkumar maurya
21 December 2015 at 09:50
I AM LIVING IN MAHARASHTRA & I HAVE DOMECILE OF MAHARASHTRA BUT I BELONG TO IN OBC CATEGORY IN CENTRAL GOVERNMENT LIST FROM UTTAR PRADESH CASTE.SO DO I ELIGIBLE FOR OBC LIST IN CENTRAL GOVT JOB OR NOT BECAUSE MY DOMECILE IS OF MAHARASHTRA & MY OBC CASTE IS FORM UTTAR PRADESH WHICH IS IN OBC CATEGORY IN CENTRAL GOVT. OR IN SHORT I WANTED TO KNOW THAT LIVEING ANY WHERE IN INDIA IS ELIGIBLE FOR OBC CATEGORY IF IT IS IN CENTRAL GOVT LIST.
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gift excemption
Can my blood brother give gift by cheque to my son and if yes under what section of IT tax .