Family court has directed to pay fifty lakh rupees as permanent alimony: what to do? My file filed a civil suit for the divorce on the ground of desertion and cruelty. She has the evidence to prove that I have been working in Nepal and never visited my native place. My wife is living in my village. However, I also do not want to live with her because I am falling in love with another girl. The court while deciding the permanent alimony under Section 25 of the Hindu Marriage Act did not examine my financial capacity. Without going into the facts of the case the family court has arbitrarily decided such a hefty amount as a permanent alimony. Please suggest what to do in these circumstances.
You did not mention your financial capacity and standard of living. But, it is a general rule applicable in determination of permanent alimony that the court must take in account the financial capacity of the husband.
If you think that fifty lakh rupees is beyond your financial capacity or that amount has been fixed by the court without considering the prevailing facts of the case, then you should immediately file an appeal against that order.
It is right of the husband to know that on which basis he is bound to pay permanent alimony. The family court, in your case, did not apply its legal mind therefore, decreed such a hefty amount. Court, while deciding the quantum of alimony, has to address legal controversy, factual position of parties, earning capacity of both parties and last but not least, the financial capacity of the husband.
In this situation it becomes necessary to file an appeal against such an erroneous decree of permanent alimony. You should file an appeal before the High Court. There is a thirty days limitation period for filing appeal in the high court.
You should adduce evidence about your income, financial liability, your own expenses and expenses of dependents. Therefore, the appellate court will be able to set aside this decree and fix a reasonable amount as a permanent alimony.
Also read: Amount of alimony in Hindu law
Wife living separate after ten days of marriage. She went to her mother's house but now after 3 months also she is not ready to come back to my brother's house. She is working in Gurgaon now or what we can do. She is also not ready to sign any papers.
If you take any action immediately then she may file false and frivolous cases against you. Let her take any further action in respect of the matrimonial relationship. You should wait for some time and watch her conduct.
In the meantime you should engage some elders from both sides to resolve the matter. They may try to resolve the issue. It may be possible that she does not like this marriage because it is solemnised against her wish.
Your brother should send an email and request to resume his matrimonial life with his wife. He should write the email with the intention of sincerely wanting to resolve the issue. Any content in the email that may imply that failing to resume matrimonial relations will result in litigation will only further worsen their relationship.
If your brother's wife is not willing to come back to his house and is also not willing to sign any papers, he can consider the following legal options:
- Mediation: Your brother can try to resolve the issue through mediation, where a neutral third party helps the couple communicate and reach an agreement. Mediation is a voluntary process and both parties need to be willing to participate.
- Filing for Restitution of Conjugal Rights: If your brother is willing to reconcile with his wife and is seeking her return to his house, he can file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. The court will issue a notice to his wife to appear before the court and if she still does not return to him, the court can pass an order directing her to do so.
- Filing for Divorce: If your brother is not willing to reconcile with his wife and wants to end the marriage, he can file for divorce under the provisions of the Hindu Marriage Act, 1955.
My neighbour interfering in my house and terrace. I have been living in kalkaji DDA flats for 25 years with my mother who passed away in April 2021. During her life newly shifted my neighbour puts angels at my both balcony and terrace to grab my space. I confronted them but they couldn't uninstall. Then I make a boundary for all places to stop their unauthorised construction in my absence. Now dec 2022 when mcd election model code of conduct applicable they start unauthorised construction over terrace where I'm affected allottee.
They tell lies to me that moisture in their rooms is just fixed by the wall but they constructed rooms on a very high terrace without my permission and authority. They removed a common water pipe without notifying me which caused moisture in my rooms and bathroom. During the period my health worsened and they took advantage.
I warn them that I will file a complaint against this unauthorised construction and lie things. They Entered my terrace without my permission then they said everybody did nowadays so we will do it. Do whatever you can do. We already have support of local police as well mcd. They house are freehold. So, as I recovered I filed a complaint against them online to delhi police mcd n CM but no actions taken yet.
They come to my terrace anytime to install their pipe without my consent and construct all rooms on dda without my consent now.where I should file a complaint so that action should be taken against this dadagiri.
Asked from: Delhi
Neighbour interfering in my house and terrace: You should file a civil suit and a criminal case against them. They are not willing to obey the laws hence, it became mandatory to initiate a proper legal action against them.
Bond for taking peace
First of all you should file a complaint (non cognisable report) NCR to the nearest police station. There is likely to be a breach of peace and tranquillity because your neighbour is illegally interfering in your house and terrace.
Therefore, the police may initiate proceedings for taking a bond from them under Section 107 of the code of criminal procedure. The magistrate upon receiving a report from the police station may issue a summons to your neighbour.
If you successfully prove that they have been interfering in your property and causing damages then the Magistrate shall direct them to furnish a bond for keeping peace for one year from the date of order.
Permanent injunction and damages
Your neighbour is interfering in your house and terrace without permission. In this situation you can also file a civil suit for temporary and permanent injunction. The court by temporary injunction instantly stop them to interfere in your property. Your neighbours have no right to use your terrace and boundary without your permission.
Moreover, they are also legally liable to compensate for the damages they have been causing in your house. Hence, you should file a civil suit and also claim damages from them. The court through decree of permanent injunction restricts them from interfering in the house.
Also read: What to do if neighbour obstructs in construction despite the owner have necessary permissions?
Can a tribal land be given to non-tribal people? Private land has been transferred to the corporation for road construction. I want to know if tribal land should be given to non-tribal people for a lease of 99 years for the purpose of constructing roads? This is happening under the influence of local MLA. he is actually trying to construct a road to access his own lands situated in the far flung area.
This road shall increase the value of his land. Thereafter, he shall sell the lands to private persons. This is a tribal area and the intrusion of the public is not permissible. We are very afraid that the development in the area will open the arena of public access in our tribal area.
We are very concerned about stopping the construction. Sir, please advise if tribal land can be given to the corporation for construction of public road?
The government ("state") can acquire the tribal land for the public purpose. Construction of roads fulfils the public purpose because it is necessary for the development of the area. Without acquiring the private land and payment of compensation to the owners, even the government cannot do any construction.
Corporation does not come under the purview of "state" therefore, it has to approach the state government for acquisition of private land. If the corporation is trying to acquire your land you should file a writ petition in the High Court under Article 226 Constitution of India.
The High Court shall stay the proceeding because the corporation has no power to acquire the tribal land without permission of the state government.
A tribal land cannot be taken by the non-tribal person, even the corporation. Hence, the acquisition and construction of roads is illegal in the eyes of law. A tribal land cannot be given to non-tribal without prior permission of the state government. Hence, you should move a writ petition in the High Court for stay of the proceedings.
Essential ingredients of Murder. There was a dispute between the rival groups in our village. One group is very strong because they have good connections in the Police department. When they were trying to grab the public land, some people gathered there and started agitation. In the heat of the moment quarrel started. One person died in that quarrel. Now the rival group has lodged an FIR for the offence of murder. I want to know what is the essential ingredients of murder in the indian Penal Code?
Essential ingredients of Murder: Murder is a heinous crime that involves the intentional killing of another person. In India, the definition of murder is outlined in the Indian Penal Code (IPC), which lays down the essential ingredients that must be present for an act to be considered murder. In this article, we will take a closer look at the essential ingredients of murder in IPC.
The IPC defines murder in Section 300, which states that culpable homicide is murder if it is committed with the intention of causing death or with the knowledge that the act is likely to cause death. This means that for an act to be considered murder, two essential ingredients must be present: intention and knowledge.
Intention: The first essential ingredient of murder is intention, which means that the offender must have the intention of causing death. This can be either an express intention, where the offender explicitly plans to cause the death of another person, or an implied intention, where the offender acts in a way that is likely to cause death, even if they do not explicitly state their intention.
Knowledge: The second essential ingredient of murder is knowledge, which means that the offender must have knowledge that their act is likely to cause death. This means that the offender must be aware that their actions are likely to cause serious bodily harm or death.
However, the IPC also recognizes that there are certain circumstances where an act that would normally be considered murder may be reduced to culpable homicide not amounting to murder. This includes cases where the offender did not have the intention or knowledge required for murder, or where the act was committed in the heat of passion caused by sudden provocation.
Other important ingredients that are considered in determining the severity of the crime of murder include the identity of the victim, the nature of the weapon used, and the circumstances surrounding the act. For example, if the victim is a public servant on duty, such as a police officer, or if the weapon used is a firearm, the crime may be considered more serious.
In conclusion, murder is a serious crime that involves the intentional killing of another person. The essential ingredients of murder in IPC are intention and knowledge. It is important to understand these essential ingredients, as well as the circumstances surrounding the act, in order to determine the severity of the crime and the appropriate punishment. By holding offenders accountable for their actions, we can help to prevent such heinous crimes and ensure justice for the victims and their families.
If that person has died due to injuries suffered in an accident the police have the power to lodge a first information report in the relevant sections of Indian Penal Code. You cannot prove that the FIR is false and frivolous only because the deceased was going on the wrong side of the road.
It is the matter of investigation that the death was caused due to the fault of the deceased or accused (you). Therefore, the high court shall not interfere in the investigation. At this stage, it is better for you to move the High Court under Article 226 of the Constitution for protection against arrest.
You should get a direction from the High Court that police shall not arrest the accused unless there is sufficient evidence about the intention of causing death. This protection will extend till the filing of charge sheet.
Intention to cause death is the essential ingredient for the offence of murder. In absence of intention to kill, the offence of murder is not made out.
You had no intention to kill that person. It was an accident and the deceased also contributed to the accident (contributory negligence) because he was going on the wrong side. This is enough to get a protection against any coercive action of police. Then the police cannot arrest you.
This offence is punishable under the provisions of Motor Vehicle Act. When the victim dies the provisions of Indian Penal Code also attract. Hence, the FIR under Section 302 or 304 or 304A is not illegal.
If the wife does not wish to live with her husband, and the husband is unwilling to grant a divorce, the wife may feel that she cannot continue living in her current situation. The wife desires to live with dignity, and is not interested in seeking any financial or property-related benefits from her husband. Despite experiencing harassment and cruelty, the wife has difficulty providing evidence of this mistreatment. Under these circumstances, the wife may wish to start a new life. However, the court will likely require a valid reason for granting a divorce. If the wife's desire to live with dignity is the sole reason for seeking divorce, she may need to consult with a legal professional to explore her options and determine the best course of action.
Asked from: Uttar Pradesh
If your husband does not want divorce you cannot force him. The grounds of divorce are based upon the guilt theory. According to guilt theory, if the one spouse is guilty of matrimonial offences like desertion, cruelty, bigamy, adultery etc the other spouse has the right to repudiate the marriage through the court.
In this situation no need to get or obtain consent of the guilty spouse. If no spouse is a guilty party then the court cannot grant divorce. In this situation, mutual consent divorce is the sole option to get separation from each other.
Also read: Husband is living abroad, Can I seek divorce on this ground?
In divorce by mutual consent it is mandatory that both spouses agree to end their nuptial knot. If one has a dissenting view then again separation or divorce is not possible.
Living separately for a long time constitutes mental cruelty. Mental cruelty is a ground for divorce under Section 13 of the Hindu Marriage Act. Therefore, in this situation the divorce is possible without the consent of parties.
Also read: Contested divorce in Hindu Marriage Act
Court is deliberately listing my case on holiday. I filed divorce (annulment of marriage) against my wife under section 12a after 4 months of marriage because of her medical conditions. To avenge it she put the below charges against me i.e. 489a, 323, section 9, 125 crpc as well as 313 (miscarriage). All the above cases are false. After that, she is not appearing in court and her advocate is forwarding the date of appearance to some non-working days 2 months in future. Out of the total three dates, one day one senior advocate expired. Other two days were non-working days for the judge as he was supposed to attend the camp court at a different location.
Can I complain in writing to the judge against the court staff who are forwarding the case to non-working days and prepone the date. Her cases were filed 2 months after my divorce case. She has been staying in my parents flat since then forcefully with an external lock and stopped our access. My parents had to shift to a village.
You can complain against the listing on holiday with the intention to prolong the case. It seems that the court is not willing to take further steps after filing the case.
In this situation you can move an application to the district judge seeking direction that the court shall not give unnecessary adjournments and put up a case on the date of working.
However, if there is a holiday on the date fixed by the court the case generally will be heard on the next date. If there is inordinate delay in the listing in your case then you have another option to approach the high court under Article 227 of the constitution of India for direction to expeditious disposal of the case.
Can I transfer the property (flat) in absence of sale deed? My father purchased a house from a builder in 1971. However, he was not well read and did not know what documentation was needed so we do not have either a Sale deed or title or anything that shows that we are the owner of that property. My father died a few years ago and now I want to get the house transferred to my name. However when I applied for the title transfer, the society says that as per their documentation the house still belongs to the Builder.
Builder is a nice person and is willing to help out in any way we need but he does not know what needs to be provided to the Society to complete this. I presume we should not have a sale deed created because I am not buying it. Builder does not have (lost/misplaced) a title deed. How can I initiate a title transfer in this case? What document should I get from the builder so that the society can recognize me as the legal owner?
Your father and the builder both failed to execute the sale deed of that flat. There is no dispute that the builder had sold that flat to your father because still the builder is recognising your ownership on the flat.
The flat owner's society also does not challenge your ownership. Your father's ownership of the flat is undisputed. But in absence of sale deed it is not possible to substitute the name of legal heirs in the property papers.
Therefore, the question is how to bring on record the name of legal heirs of deceased owner in absence of deed of transfer i.e. sale deed?
Transfer of property in absence of sale deed
On the basis of adverse possession you can transfer the property in your name without having a sale deed. You should file a civil suit for the declaration of title. In absence of a sale deed you can claim ownership on the ground of adverse possession. The possession of your father was peaceful, continuing from 1971 and was in knowledge of the builder.
According to Article 65 of the Limitation Act 1963 a person (plaintiff) can take a plea of adverse possession for possession of immovable property or any interest therein not hereby otherwise specially provided for, after lapse of 12 years when the possession of the defendant (owner) becomes adverse to the plaintiff.
In Ram Nagina Rai v. Deo Kumar Rai, (2019) 13 SCC 324 the Supreme Court has defined the meaning of adverse possession as "Adverse possession means a hostile assertion i.e. a possession which is expressly or impliedly in denial of the title of the true owner. The person who bases his title on adverse possession must show, by clear and unequivocal evidence, that the possession was hostile to the real owner and it amounted to the denial of his title to the property claimed."
The builder has never disputed your father's title since 1971. It proves that the builder impliedly accepted the ownership of your father. After lapse of twelve years, i.e. in 1983 your father accrued the right to claim ownership on the ground of adverse possession against the builder.
You, as a legal heir, have the right to claim ownership on the ground of adverse possession. Hence you should file a civil suit for the declaration of title. The court, through the decree, grants title in your favour. Through the aforementioned process you can get ownership in that flat. Thereafter easily get transfer of property in your name even in the absence of sale deed.
How long can the High Court stay the interim maintenance? I’m receiving only 50% of the maintenance in pursuance of the order passed by family court. The high court has stayed my interim maintenance order.
There is no time period prescribed for the implementation of the stay order. It may in operation till the further order or till the next date fixed by the High Court for the hearing.
If the interim maintenance order has been stayed by the High Court for a very long time then you should move an urgency application for expeditious disposal of your case.
The maintenance order, either interim or final, cannot be stayed for an indefinite time. It is the utmost responsibility and liability of the husband to feed his wife and children. He cannot absolve himself from this responsibility unless the wife has waived out her right to maintenance or she is capable of maintaining herself.
It infers from your question that you have been facing financial hardship due to the stay of the interim maintenance order. In this situation you should move an application before the high court for listing and hearing of your case on the priority basis.
You should satisfy the court that the stay order is giving undue advantage to the husband and you are facing hardship due to the stay order and pendency of the case. In this condition the high court may take two steps:
- The high court may vacate the stay order and may direct the husband to pay the interim maintenance as fixed by the family court or may set a fixed amount per month until the disposal of the case.
- It may fix a date for the final disposal of your case if there are no legal impediments or formalities required for the disposal of your case.
In this situation it would be better for you to consult your advocate and move an application for the early disposal of your case.
