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deepa   01 January 2016 at 18:16

Visitation rights

Sir,
I have a daughter aged 7 years. We are going for 13 (1) A divorce from my husband who is severe alcoholic. Now he has been diagnosed for end stage renal disease: advised for kidney transplantation, liver also damaged. He has not paid me any alimony also. In future he is not in a position of survival also. The problem is in mediation he is forcing me to take my daughter to his place for visitation. Is it right on his part to ask like this. My question is sir first of all I am unemployed, he is not having income nor healthy, why should I take my daughter to his place for visitation. Since 3 years we are seperated, he never asked for seeing her then. Now that he is going to divorce me he is shamelessly asking me to bring my daughter to his place. My query is
1. Can I not deny visitation for such cruel husband.
2. Is there a rule in supreme court that I should take my daughter to his place for visitation.
3. Is my child going to gain any love from such a father who threw her out of house.
I don't want to give him visitation at all, if any what should I do about it sir.
In mediation conditions he has said about it and blackmailing me if I accept then only he will divorce me. Or else I have to be just annulled.

chandu   01 January 2016 at 18:09

Flat transfer on death of owner

flat is on joint name 1) mother & daughter in law name , mother died with nomination of her daughter in law son and daughter name and both was minor at the time of nomination, but now daughter in law wants of transfer 100% shares in her name.

as on date son is major but daughter in minor but they are ready to relinquish their right to their mother name without any objection.

sir i have following query
1. can on behalf of minor her legal representative can give NOC infaver of mother.
2. is society transfer form required in above case??.
3.

nayak chetna   01 January 2016 at 18:09

Documents drating for moot court

HI sir,
I am student of final ll.b. i hv moot court in sec 125 of crpc. can u pls guide me how cn i prepare docs for case of maintenance from petitioner n opponent both the sides.
Thank u,
chetna nayak

Colonel Pankaj sharma ( Retd)   01 January 2016 at 16:22

Vat in maharashtra

MAy I know what is the latest directions on payment of VAT for purchase of flat in maharashtra ( first buyer from builder or resale) since 2006. Having gone through Supreme Court decision there seems to be some doubt..

Amar K   01 January 2016 at 14:43

Need help regarding email from mts lokadalat for data card bill

Hi All,
Need help regarding email notice from MTS lokadalat.In the year of 2012 i was using mts data card(in Bangalore).In a month of march they changed the plan and i got a bill of 3000.I called them around 20 times but no use send a mail to cust care.Still no use.I sent a mail saying to settle my issue and activate the service.But no one called me or replied me.After 3.5 years i received the notice to come to Bangalore and i am in Hyderabad.i want this issue to be resolved and i can not go to bangalore just because of this.Any i sent a reply email to them saying i can only give you my montly charges of 1000.I need help can o ignore this as it is just email.if i have to contact lokadalat /what is process ?. Can i shift this to hyd?Can i make a petition on them?

V R SHROFF   01 January 2016 at 14:42

Greetings

WISH ALL THE MEMBERS AND EXPERTS OF LCI A VERY HAPPY PROSPEROUS NEW YEAR 2016.
ADV V R SHROFF

Anonymous   01 January 2016 at 13:54

MOU

Sir, I have a property on my fathers name who.was died before this Diwali. We are 2 brothers and 2 sisters

Anonymous   01 January 2016 at 13:19

section 307 + 498A

R/sir,

I have a case filed by my wife on me u/s 307,498A, its been five years now she has mentioned 13 people members name of my family police submitted charge sheet u/s 307, 498A that she were attempted to murder how it is possible that 13 people require to burn one lady though she has no medical evidence of burn and even no injury at all. Can I send my charge sheet over here
Please advise.

shyamal   01 January 2016 at 12:45

Matrimony

Sir,

Please guide me whether I can plead my own case under Section 27 (2) (1) & Section 38 of Special Marriage Act

Shyamal

Suresh Babu Rai   01 January 2016 at 12:37

Contract between empoyer and employee!!

To,
Respected Experts!
First I would like to convey the New Year greetings to you and all the members!!
As a matter of fact one of my client did his Graduation in Engineering (CIVIL) from VNIT, Nagpur. The L & T Company has sponsored him under L & T Hydrocarbon- IIT Scholarship for the Post-Graduation from IIT- Madras in M-Tech (Off-Shore Structural Engineering). On completion of the course of Post-Graduation, the company has send an offering letter to him to join and serve the company for minimum guaranteed period of five (5) years as per the agreement. My client has joined the company under these following terms and conditions laid by the company:
1. The minimum guaranteed period of employment is five (5) years from the date of joining, accordingly my client has joined the company in the month of July.2015.
2. My client has undertaken that, upon failure to observe and/ or perform any or all the terms and conditions therein, to pay on written demand unconditionally and without demure a sum of Rs. 6, 50,000/- to the sponsor company as liquidated damages. A written intimation by the sponsor company that the candidate has failed in his performance of the terms and conditions herein is sufficient notice for invoking this clause, and failure to do so will entitle the company to realize the said sum by legal means including interest thereon at the rate of 12% per annum till such payment is realized.
3. In case of disputes or differences arising out of or in connection with the said agreement that would be resolved by a sole Arbitrator in accordance with the Arb and Cons Act. 1996.
4. During the course of employment, my client has appointed and joined with the company at Bangalore-India.
5. It is the sixth month of his employment and he is regularly drawing from the above company.
6. It is most unfortunate that, all of sudden the father of my client fell sick and in need of regular DIALYSIS and also his mother undergone for a major surgical operation of HERNIA.
7. My client now and then assisting them for medical aid and meanwhile, he has appeared for the recruitment of AE’s (CIVIL) in TS Genco-Hyderabad. My client belongs to Hyderabad in fact. In the result, he has got 10 rank of the state.
8. According to the rules and regulations of the recruitment board, on should get no objection from his employer (If employed anywhere).
9. According the sponsor company one should intimate the termination of employment prior three (3) months i.e. resignation.
10. My client is economically poor and unable to pay the sum of Rs. 6, 50,000/-, which he has to forgo to the company, but he can pay the same within installments. In fact, he has incurred huge amount for the treatment of his parents.
11. Whether my client can request the company to accept his resignation and to refer the matter to a arbitrator for amicable settlement i.e. to allow his to pay the sum of Rs.6, 50,000/- within monthly installments.

Please advise me suitably…