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Divorce on the grounds of cruelty

Wife filed petition in the 3rd week of March 2018 for divorce on grounds of cruelty after 24 and a half years of marriage in a family court in Delhi. Husband is 59 years old and wife 55. Husband has been summoned by the Principal Judge, Family Court. Since husband is totally broke, he has not...

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Wife filed petition in the 3rd week of March 2018 for divorce on grounds of cruelty after 24 and a half years of marriage in a family court in Delhi. Husband is 59 years old and wife 55. Husband has been summoned by the Principal Judge, Family Court. Since husband is totally broke, he has not been able to hire the services of any advocate. He is not conversant with the process of law and will be presenting himself before the Principal Judge tomorrow. Husband has not been in employment for over past 20 years and is a freelancer/independent consultant in the area of professional copy writing and editing. He also set up a sole proprietorship consulting company in January 1997 and ran it till 2002 but the venture turned out to be loss making, which he closed in the year 2002. He has been freelancing ever since but in 2012 he lost his major client due to change in top management in the client organisation. Another of client, not been doing well for many years, finally shut shop towards the end of April 2018. There have been no work opportunities for past many years. As a result, husband has become broke and has zero savings. He owns no movable and immovable assets. Husband has been living with his wife in a government flat allotted to wife who is class 1 officer in the Government of India. The couple has two daughters. The elder one is an engineer and is employed with a US consulting firm.The younger one is pursuing master’s degree. Both daughters are a metro city in south India and not living with parents at present. Wife has left the flat on 15th of April, 2018 and handed over Rs. 5000 to husband for food etc. She refused to reveal the address where she was moving to. On the husband in-laws side, there is a mother in law and an unmarried sister in law who had been living in the barsati of the government flat allotted to wife, the petitioner. Wife along with her mother and sister shifted to an undisclosed location on the 15th of April, 2018. Wife is not taking calls from the husband. Husband has no money left with him and is having hard time arranging for two square meals. Husband has not prepared any written reply to the petition. Please advice what the husband should say before the Principal Judge Family Court in the hearing.

  • 2 Answers
  • 94 Views
Asked at May 04, 2018
A738f4153e31c1b7fbe52bad2fda5bacbdd9d5cd Rajinder Raina
last answered 5 months ago
Workplace Harassment

Hello Sir, We have been associated with a organisation in the capacity of a Manager for over 20 years now. Please note that we have not been getting our salaries on a regular basis since last one year, most of the times we receive part payments to the tune of 20% of gross. Also there are issues...

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Hello Sir, We have been associated with a organisation in the capacity of a Manager for over 20 years now. Please note that we have not been getting our salaries on a regular basis since last one year, most of the times we receive part payments to the tune of 20% of gross. Also there are issues on Provident fund as the management is not complying properly with the PF rules. In the meantime, a labour union has been formed in our organisation and the management has been finding it difficult to deal with them. My colleagues and myself are not a part of this union and therefore last more than a year we are facing a lot of harassment at the hands of the union. The harassment is in various forms like removal of computer, AC and electric connections from our cabin and abusive language throughout the day, thereby making it difficult for us to carry out our regular functions. Furthermore, it seems now that the management has started making use of the union against me and my colleagues and we are meted out with other forms of harassment like stop salary and treating us leave without payment if we avail leaves We are in a sorry state of affairs now considering that the union is bullying us right under the nose of the seniors. We updated everything to higher management on time to time but all in vain. We are in our late forties and we have been facing this harassment and torture for a long time now. We are mentally exhausted and going through of immense pressure, Hence would like to know if our case stands any merit on legal grounds and since we have been not getting our salaries on a regular basis and not in full for the past 12 months we would like to pursue this case on a very limited budget. Does it look possible? Seek your advice in this regard. Regards & Thanks Sanjeeb 9323507681 Mumbai

  • 1 Answer
  • 20 Views
Asked at May 01, 2018
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 7 months ago
Domestic Violence case after 7 years of separation

Ex wife files for domestic violence after 7 yrs of physical separation Got married in October 2010 as per Hindu rituals in uttrakhand.Ex wife went to training to Chennai in dec24 but didn't return and went to her parental home at Mumbai she got her transfer without informing me....I filled for...

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Ex wife files for domestic violence after 7 yrs of physical separation Got married in October 2010 as per Hindu rituals in uttrakhand.Ex wife went to training to Chennai in dec24 but didn't return and went to her parental home at Mumbai she got her transfer without informing me....I filled for rcr in feb but she didn't return...I got ex parte divorce decree in my favour in September 2012..N I got married again in 2013...In 2016 she filed for set aside..N it was granted by family court in uttrakhand...She also filed interim maintenance...She lost interim maintenance case in 2017 and exparte was again granted in my favour...Now she have filed domestic violence case and maintenance claim amounting to rs 70000 per month...She is filing dv case after 7 yrs of physical separation..She have filed this case from Navi Mumbai....

  • 4 Answers
  • 96 Views
Asked at April 30, 2018
Default avatar Maheshwari Dave
last answered 4 months ago
Daughter's rights to father's property

If a Hindu male died intestate in the year 1953 leaving one son & one daughter, is that daughter has any right on self earned property of father? If yes mention the law please

  • 4 Answers
  • 374 Views
Asked at April 16, 2018
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered 8 months ago
Money Recovery

I have given a 5 lakh rs. to a private company since 4 yrs back. They told they wil give it back aftr 3 years. Now they are refusing to give it back stating that we hav not got money from us. Agreement copy is with us. Is getting a stay order to the company is possible until money is replaced...

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I have given a 5 lakh rs. to a private company since 4 yrs back. They told they wil give it back aftr 3 years. Now they are refusing to give it back stating that we hav not got money from us. Agreement copy is with us. Is getting a stay order to the company is possible until money is replaced atleast of 3 to 6 months??

  • 3 Answers
  • 274 Views
Asked at April 06, 2018
Default avatar Gopala Krishna
last answered 7 months ago
Division of property

Hi, This is Ravi. I had a concern regarding the property of my Grandfather. Actually, the Main issue is that my grandfather having 4sons(including my father) whereas 30yrs back my father came outside from that family without property. Some days back remaining 3persons taken the govt certificate...

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Hi, This is Ravi. I had a concern regarding the property of my Grandfather. Actually, the Main issue is that my grandfather having 4sons(including my father) whereas 30yrs back my father came outside from that family without property. Some days back remaining 3persons taken the govt certificate as only 3sons for grandfather. And now they came & asking the sign of my father to share the property by giving Rs30,000/-. So, Is there any possibility to send any notice regarding property or about legal certificate as 4sons. Main info is that Grandfather having 3wives. My father is the son of 1st wife. So, please guide us how can my father will get his property part.

  • 2 Answers
  • 204 Views
Asked at April 02, 2018
Default avatar Mamta Dave
last answered 6 months ago
Joint development agreement and Share Purchase Agreement

Hi, I'm planning to buy a Flat in a project completed 2 years ago from land owners share. The project is a joint development between the builder and the landowners and they have registered the Joint Development Agreement(JDA). There are three land owners Mother and her two sons. After the project...

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Hi, I'm planning to buy a Flat in a project completed 2 years ago from land owners share. The project is a joint development between the builder and the landowners and they have registered the Joint Development Agreement(JDA). There are three land owners Mother and her two sons. After the project got completed, land owners got a share of 50 Flats in equal ownership for all three. Now only Mother have given SPA to their Manager (Her sons didn't sign the SPA as they were out of town). Can i go ahead with Agreement of Sale mentioning that by the time of Registration other two owners (her sons) should give SPA to their manager and then only registration can happen?

  • 2 Answers
  • 254 Views
Asked at March 24, 2018
Default avatar Mamta Dave
last answered 6 months ago
Rights of son on ancestral land

Just wanted to know my rights as a son on ancestral land. My family including my mom living with me. Can I file a claim on ancestral land

  • 1 Answer
  • 191 Views
Asked at March 22, 2018
A947aaf71fb550999d61c398c78f0a222af6d797 Anil Panwar
last answered 9 months ago
Trademark for future use

can I apply for a trademark for future use if currently, I have no running business

  • 2 Answers
  • 130 Views
Asked at March 21, 2018
9faf84005e2c0318303802582aacfe0f219b5cfb Vivek Mapara
last answered 8 months ago
Questions related to buying of property with bank loan

Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents...

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Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents relating to the house. The owner also agreed to show me all the original documents whenever required ( I gave Rs. 9 lakhs through various modes of payments like bank transfers and cheques within a period of ten days and the remaining amount of Rs. 600000 was given by me by cash and took a receipt on a white paper and 100 rs bond paper from the owner for the entire amount of Rs. 1500000. I have also made an agreement of sale deed for a total consideration value of Rs. 6100000. I have mentioned in the agreement that I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration. I have also mentioned in the Sale deed that as I am fully dependent on the bank loan for purchasing the property (house), and if I do not get the bank loan for ANY reason within the time period specified in the agreement, then the owner shall be liable for the refund of the full advance or the token amount received from me. I have tried the loan in three bank but I could not get the loan sanctioned as the legal paper of the house were not correct. OVERFLOW OF THE TITLE : The original owner of the property was Anasuya. She had purchased total plot of 240 Sq. Yrds from Satyanarayana in the year 1983 and had taken the building/construction plan for total 240 sq yrds from gram panchayat . She passed away in the year 2004 and her husband passed away in the year 2008 and her legal heirs were her two sons and three daughters. These two sons (Srinivas and Kankaiah) have partitioned the above said property through a registered partitioned deed (each having 120 sq yrds) without involving their sisters in the partitioned deed, in the year 2010. The original plan of their mother was agreed to be kept with Kankaiah as per the partition deed done between them. After the partition deed, the two sons have separated and constructed their own houses within their own area i.e. 120 sq yrds each, without applying the new construction plans for 120 sq yrds each, as they believe that if they have the original plan for 240 sq yrds then why would they apply for the new ones. In the year 2017 M. Srinivas (one of the son) has executed a GPA of the said property on his wife's name (Padma) by adding his two sisters as conscenting parties and executants in the AGPA. He also mentioned in the gpa that at the of the partition deed of the two brothers the sisters were not available, so now he is adding them as consenting parties to the agpa and he also mentioned that they have no objection in the above partition deed and they also mentioned that during the lifetime of their parents the two sisters were married and the amount was given to them in the form of sridhan and they have no objection to sell the share of Srinivas i.e. 120 sq yrds. This AGPA was registered. (In this registered AGPA the sign of one of the brothers Kankaiah was not obtained as he already executed a partition deed with his brother Srinivas). Now I have made an agreement of sale deed with Padma on Rs. 100 Bond paper with the above conditions mentioned with two witnesses and have taken a receipt of the token amount given to them which was attested by the signatures Padma and her husband Srinivas on every page. Questions. 1) I applied for a bank loan but the bank is asking for the legal heir certificate from M. Srinivas. But he is not ready to get it from the court. (He says that he executed agpa in place of the legal heir certificate and now he is not ready to get th legal heir certificate from the court). 2) The bank is asking from the building construction plan. But Srinivas says that his mother has already obtained the plan for 240 sq yrds and the brothers have just partitioned the property and now the new plans are not necessary. Till now Srinivas is still paying the property tax on his mother name ANASUYA 3) Now, due to these reasons I am unable to get the bank loan, will I be able to able to get back the entire token amiunt of Rs. 1500000 with the help of the agreement of sale deed and receipt of the token amount? If yes, then how can I recover my money back? What steps could I take? 4) If no, then can I take the signatures of all the legal heirs of Anasuya as witnesses or conscenting parties and execute a sale deed (my own money without bank loan )between me and Padma in order to avoid future complications? 5) Would the building plan of the new 120 sq yrds be required or will the old plan of total 240 sq yrds in the mothers name (Anasuya) work? As the bank is asking for the building plan, I asked Srinivas for the original plan but he says that the original plan is with his brother and his brother is not willing to give it to him. And the original plan was also for 240 sq yrds. 6) I have already informed Srinivas about the requirement of the documents by the bank for the loan in the second month itself. But since the specified period for the payment of the entire amount was three months he smartly said that he would get the documents and give it and finally streched this process for three months. Now he says that the time specified for payment in the agreement of sale deed .was three months and he wants the entire amount and does not care about the loan. However in the agreement of sale deed I clearly mentioned that , I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration.

  • 2 Answers
  • 253 Views
5f2c0e93fd86927955514aac4cc6a060a28782be Prashant Konge
last answered 9 months ago
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