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Ria   06 September 2009 at 14:55

Setting aside Interim Maintenance.

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

purchage of plot by the member of the co opetative society

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

Required valuable Opinion or Advice

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

LLB study

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

Orphaned grandchildren share


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

MV case

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

The Dissolution of Muslim Marriages Act, 1939

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

state domicile reservations.....plz its urgent. rep soon.

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

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