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Ram   11 July 2016 at 16:30

Is the maintenance order valid?

Dear respected experts,
Wife filed maintenance case under section Order 7 rule 1 cpc. Family court Judge was biased and always did favour to my wife from beginning itself. After my cross examination was over I requested judge to allow further witness. I planned to bring 3 more witnesses. But judge refused to allow further evidence and did not give a single day for final argument.
He asked us to argue on the next day once my cross examination was over. We could not argue on the next day. Judge passed maintenance order. Rs.10,000 per month from date of application. and created charge over my 3 properties.

My question is:
1) Is the order valid (he ordered without our argument without allowing further evidence)

2) what should I pray in my appeal in High court?

Thanks in Advance experts.
Ram

Dattatreya   11 July 2016 at 14:30

Compensation for compulsary land acquisation by corporation

LARR 2013 ACT speaks about the compensation to be given to the persons who's land is under Compulsory acquisition. It states that Compensation shall be the 2 times of the market value if land situated in Urban area and 4 times if the land is situated in rural area.

My Question : BBMP (Bangalore Corporation) is planning for road widening and talking about TDR(Transfer of Development right) as a compensation. Whether as per LARR 2013 the said TDR is valid and whether land loser have an option of asking the compensation in monetory terms.

2 nd Question : Section 96 of LARR Speaks about exemption of Income tax for the Compensation, But the respective amendment was not made in the Indian Income Tax Act, whether Income tax has to be paid on the compensation amount?
If compensation is exempt then the interest paid on the compensation from the date preliminary notification is also exempt ?

ROSHAN HARDE   11 July 2016 at 14:28

To change the name on death certificate

Dear All

My grandmother was died in 2011 and on the death certificate issued by Municipal Corporation mentioned the name "Godavari" and on the property documents the name has mentioned i.e. "Kuasalybai" now we will going for the change in name in death certificate they said we dont have a power to change the name on death certicate without direction of the court. In this case i want to know under whose jurisdiction power is vested to give direction to the MC. whether it is in the power of JMFC or Civil Court. Kindly guide us what action to be taken in this case.

Priyanka87   11 July 2016 at 13:49

Dv 498a

Respected experts,
I'm priyanka, I have filed 498a and dv case on husband and his parents a year and half ago for giving me mental and physical torture. I have 2 queries here,kindly help me with your suggestions.
1. Maintanence case going on for me and my son. Can husband get away from paying maintenance by saying wife's parents are capable of taking care of wife and son showing wife's parents property details in court?
2. A1-husband,A2,A3-his parents. Charge sheet submitted by IO. Trail yet to start. Dates are being given for accused presence in the court every month(like attendance),3 dates over and only A1 is appearing. what can be done to bring A2 & A3 to court? Can I talk to PP and show him necessary proofs that prove A2 & A3 are healthy enough to walk to court?
Kindly note: my 498a is not fabricated/false as I have necessary proofs for physical(MLC) and dowry harassment(voice recording).

Aprajita rani   11 July 2016 at 13:03

About 306 case

Sir,
My brother was found dead in suspicous manner on 16 of may at rudrapur uttrakhand. I filed FIR on 18 of may but till now police is not doing any investigation from its side. I myself found many clues which showed that my brother's wife and father in law is guilty. I have filed 306 case.
Can you please suggest me what should be the corrective steps to b taken and also tell me is there any fixed number of days between filing of FIR and chargesheet filing??

Maharajaah   11 July 2016 at 12:33

Wrong sale deed

in 2011, i bought 5 cottahs of land in Bihar from my uncle. it was ancestral land and it was in uncle's share. In 2016, i sold the land to three parties. later on i realised i have mentioned wrong khata khasra in the sale deed. the khata khasra was wrong in the original sale deed too.

what can be done now?
stamp duty will be required to be paid again?

the wrong Khata khasra is of another uncle property.

and the executor of the original sale deed has since gone abroad and is in bad health.

what can be done? will fresh stamp duty be needed?

thanks in advance.



Narendra   11 July 2016 at 12:27

How to prove bisexual affair of wife in court of law??

Dear Lawyers
I have a question on how to proceed for the context below in court of law specifically when this is difficult to prove??
CONTEXT:
--------
The WIFE is BISEXUAL and has a bisexual relationship with a GIRL (Person XYZ) (who is BOY in girls body) since her childhood. This Friend XYZ of WIFE has followed the wife all along since 17 years of the marriage and the wife has continued her relationship with XYZ despite severe objections of husband. Now this person XYZ is also made witness in false 498a case and since the husband because of false DV case does not go to his own house , this person xyz safely stays with WIFE thereby both having gala time at expense of false cases on husband.
The love affair between WIFE & person XYZ is open secret and known to wife's family and has consent from all her family members. But as HUSBAND I am in dilemma and feel exploited by wife in most treacherous way and also because there are no laws to protect men in this situation which can not only be explained in writing and can not be proved.

How do I seek recourse from this particular situation? Just look at this way all dear lawyers. Consider yourself in this situation where your wife continues to fulfill her sexual needs from her female partner just using your services as ATM or only as family provider and now files false cases on you so that she can live with her partner for life forever. AND the most IRONICAL SITUATION is that LAWYERS , POLICE, GOVERNMENT, NGO, WOMEN COMMISSIONS all help her in achieving this sinister goal of hers.

My Query
=======
How do I tell the court about this BISEXUAL AFFAIR OF WIFE WHICH CAN NOT BE PROVED BY ME but is REAL and visible to all WIFE'S family member's and neighbors etc. THIS PERSON XYZ is also made witness in false 498a case and is living now without any restriction at my own flat since I can not go there because of false DV & 498a cases?

malasunder   11 July 2016 at 12:15

Execution proceeding

My suit was decreed for specific performance for sale of property.

EP was filed on 2013.It was appealed all the way to Supreme court and was dismissed.

At this stage of the EP the son of the seller, who resides in Australia, files a claim or objection Under Order 21, Rule 58, through a POWER AGENT, FALSELY stating that he has stake in the property.

IT IS JUST A PLOY TO FURTHER DELAY THE PROCESS BY ABUSING THE SYSTEM.

What should I do to speedily put an end to this.

Thank you in advance.

sahil   11 July 2016 at 12:09

File a case against my employer

Hello, I worked at Aligarh in Bagalore based pharma company,My hometown is Kanpur I want to file a case against the employer in kanpur labour court, Kindly tell me is it possible.

AJIT KUMAR   11 July 2016 at 11:55

Re- maintenance

Dear Sir,
The district court allowed a maintenance of 4000/- against which I got stay in maintenance case from High court to pay 50% amount till the judgement. I want to ask I got divorce recently, an I liable to pay the maintenance to her. If I have to pay, then what are the ways to get out of this. May be she can live with somebody in live in relation OR may be she can marry, but I cannot prove it as I am living in other state, whereas I have to pay her monthly.

Also let me know, do she has any right on my property in any manner... (we have a girl child, staying with her).

I want to look after my baby, but I dont want to pay anything to my wife.

Can anybody suggest a way.

Thanks