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Vishal jain   05 September 2009 at 22:35

fight against 24 HMA

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

Rajneesh Madhok   05 September 2009 at 22:11

Atrocity Act being misused, Kindly sugget solution

Atrocities Act being misused in Phagwara, Punjab
Post Master urged the NGOs to intitiate a compaign



The Scheduled Castes and Scheduled tribes (prevention of atrocities act, 1989, commonly known as the SC/ST atrocity act, has become a tool in the hands of an official of Post office to settle score with adversaries detected on checking the daily accounts of Sos under Phagwara on 18th Nov 2008. As per the statement of Postmaster Phagwara Mr. Baldev Raj Arora he detected the anamolies in the funds and complained to the authorities regarding the anamolies. What reward he got with performing his duty, the complaints of atrocities made against him /the said Post Master Mr. Baldev Raj Arora by Mr. Santosh Kumar Sub Post Master Bilga SO In account with Phagwara Head Post Office and his father Mr. Kaila of V&PO Samrai. While disclosing the tale he says though the complaint made against him under Atrocities act has been withdrawn by the complainant even though the officials of the department are presurrizing him to go to the concerned parties and apologize them and after furnishing the written apology take the compromise letter from the concerned persons and submit it. As Post master is going to retire on 30th September. The concerned officials of the department are pressurizing him that if you failed to submit the compromise letter then your pension and all the related documents will not get proper attention. He says that the misuse of the act has been made against me. Mr. Baldev Raj Arora Post Master, Phagwra has urged the NGOs to intitiate a compaign in this regard and he should be saved from misuse of Atrocity Act.

He says that this is a matter of great concern as the misuse of SC and ST atrocities Act has been made. The false case has been filed against me. He appeals to the Central and State Government for speedy investigation of SC and ST atrocity cases and unnecessary harassment and mental torture to the concerned officials should be avoided.



The Govt should invite suggestions from all states and make this act more stringent and the case be registered after proper investigation in the matter. Hon’ble Union Minister for Social Justice Meira Kumar is being requested to kindly look in the matter of this law and the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Protection of Civil Rights Act should be avoided.



Hon’ble Madam is being requested that there are some shortcomings in the act so the act should be amended in consultation with the Nation Commision for Scheduled castes.



Our goal is to make India Atrocities-free and Untouchability-free. This can be achieved with the help of all the concerned friends, bureaucrats and the ministers.

STATEMENT OF POSTMASTER PHAGWARA


1. From Postmaster,

Phagwara.



To

The Senior Superintendent of Post Offices,

Kapurthala-144601



No: PM/Con/I/08-09 dated at Phagwara. The 20/11/08



SUB: IRREGULAR RECEIPT OF RS 5,00,000/- FROM PARTABPURA, SO BY SHRI SANTOSH KUMAR SPM BILGA ON 14/11/08.



Sir,

When I checked the daily accounts of SO under Phagwara on 18/`11/08. It was noticed that a sum of Rs. 5,00,000/- (Rs. Five Lac only) has been received by Shri Santosh Kumar SPM Bilga from Partabpura Sub Office on 14/11/09. I immediately made a phone call to Shri ------SPM Bilga asked him at least he should have intimated me regarding transactions at your own accord without intimation to Phagwara H.O. You might have remembered that the department has issued instructions circulated regarding security and remittance of cash from one Post office to another within limit etc. on this he became irritated and disconnected the phone.



Thereafter some reliable source informed me that this SPM Bilga has said that he will frame me in a false case in atrocity act against SC/ST. I have only asked the said official about his irregular transactions in th

s   05 September 2009 at 21:28

dowry harrasment

I am working in defence. My brother-in-law's wife has filed false dowry harassment charge on my in-laws, my wife and self. she has filed this as counter blast to divorce petition which my brother-in-law has filed. i would like to know is can defence personnel seek exemption from attending courts everytime the case comes for hearing. It is quite difficult for me to attend the court regularly as leave cannot be granted to me. secondly what would happen if i get posted out to different place? presently i am posted at the place where the case is filed.

sunil   05 September 2009 at 21:19

Appling for other employment

R/Sir
I am a centeral govt Group-B, Non Gazzeted employee, I have applied for a punjab govt job, but not through proper channel, I have given intimation about it to the deptt. Now I am selected for this state govt job, the pay scale of this job is lower than my centeral govt job.
Can i avail the fascility of lien/ pay protection?
Please help!

Adv. Deepak   05 September 2009 at 21:15

Divorce - Claim affidavit

Respected Members, Kindly advise me. I am a petitioner in divorce case and matter posted for filing claim affidavit. Can I include in my claim affidavit the facts regarding the issues that have appeared in the written statement of respondent and which I have not pleaded in my petition. Is it possible for me to do so. Please extend your valuable guidance. Regards.

Hardeep Singh   05 September 2009 at 19:57

VACATION OF SHOPS

MY GRANDFATHER GAVE TWO SHOPS ON RENT ABOUT 35 YRS BACK. NOW I AM THE PRESENT OWNER OF BOTH SHOPS. I WANT MY SHOPS TO BE VACATED BY THEM. BUT THEY ARE REFUSING THE SAME. I AM A CENTRAL GOVT. EMPLOYEE (INDIAN RAILWAY). I WANT TO TAKE VOLUNTEER RETIREMENT AFTER 02 YRS AND THEN MY SERVICE WILL BE 20 YRS.

Q.NO.(1) CAN I FILE A CASE FOR VACATION OF MY SHOPS ON THE BASIS OF RETIREMENT THAT I WANT TO DO SOME BUSINESS IN THESE SHOPS AFTER RETIREMENT ?

Q.NO. (2) IS THERE ANY OTHER REMEDY TO VACATE THE SAME ?

IT IS ALSO INTIMATED THAT THESE ARE FLAT-CUM-SHOPS.

PLEASE HELP.....

Dasharath Pujari   05 September 2009 at 19:09

Stamp exemption

Dear Sir,

We are about to receive our project loan disbursement.We have already got Stamp exemption letter from Stamp office which exempt us from paying any stamp duty on Project Loan Documentation.
My question is whether it is possible to execute these documents on Rs.200 stamp paper instead of lodging it with stamp office for adjudication.?
We want disbursement from the bank at the earliest to start our already delayed Project.But this adjudication process will take around one month.We will lodge these documents for adjudication once our disbursement will start.

Ramesh   05 September 2009 at 17:20

ESI to Educational Institutions

Dear sir,
I represent Andhra Pradesh Unaided Pvt. Schools Managements Association

We are already paying EPF to our staff.
Recently AP Govt had made ESI mandatory for unaided schools & colleges.

Please let me know the states where EPF is applicable for unaided schools & colleges

Also please let me know whether there is any possibility of challenging this GO in Supreme court as our staff are not accepting to pay ESI

You may visit www.appusma.org for further details of our association

regards
RAMESH

Deepak Kumar   05 September 2009 at 16:19

INCOME TAX

I have income from shares.
I am trader I have profit as well loss.

Kindly suggest me to file ITR.

SUBHASH SHARMA   05 September 2009 at 15:51

STOCK TRANSFER

SIR,

ONE OF MY CLIENT WHO IS AN EXPORTER HAVE TWO BRANCHES ONE IN DELHI AND SECOND IN NOIDA.

HE EVERY DAY TRANSFER GOODS FROM NOIDA TO DELHI AND DELHI TO NOIDA.

WHAT HE SHOULD DO FOR VAT COMPLIANCE.

HOW WE HAVE TO MAINTAING THIS STOCK IN OUR BOOKS. IS THERE ANY FORM TO BE GIVEN TO STOCK TFD.

THANKS/REGARDS

SUBHASH SHARMA