Can escrow account be used to stop wife from backing out settlement agreement

Can escrow account be used to stop wife from backing out settlement agreement from mutual consent divorce

Yes, you can use an escrow account to ensure that your wife complies with the terms and conditions of the Mutual Consent Divorce. If your wife lacks confidence in your commitment to fulfilling the obligations, the escrow account may provide a better understanding.

Escrow accounts are typically used to hold funds, documents, or assets in a neutral third-party account until certain conditions or obligations are met. They can be used in various legal and financial transactions, including divorce settlements.

In a mutual consent divorce, both spouses agree to the terms of the divorce settlement, which often includes the division of assets, alimony, child custody, and other relevant matters. If a settlement agreement is reached, it should be documented and signed by both parties.

If you choose to use an escrow account as part of the divorce settlement, it is typically utilized to hold assets or funds until specific conditions are met. For instance, an escrow account might retain a portion of the agreed-upon settlement amount until all terms of the agreement are fulfilled.

The effectiveness of an escrow account in preventing one party from reneging on a settlement agreement depends on the willingness of both parties to cooperate. If one party refuses to adhere to the terms of the settlement agreement or attempts to back out, the court may or may not enforce specific provisions related to escrow accounts.

However, to build confidence and increase the sense of responsibility, maintaining an escrow account is a viable option to ensure both parties fulfill their obligations until the finalization of the divorce case.

NOC from government for taking admission in foreign university

NOC from government for taking admission in foreign university. I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.

A government servant must obtain a No Objection Certificate (NOC) from the government before enrolling in a foreign university. If the service rules provide an opportunity for study leave, then the government is obligated to issue the NOC.

In many cases, government servants are required to obtain an NOC from their respective government department or employer before seeking admission to a foreign university. This is done to ensure that the employee’s absence for the duration of the academic program will not adversely affect the department’s operations.

Regarding the request for information from your superior officer about the status of your applications, they do not have the right to obtain such information at this time. This is because you have not yet been deemed suitable for admission to any foreign university. The NOC is not required solely for the purpose of filling out an application form.

When you are shortlisted for final admission at a university, it will be necessary to inform your superior officer in order to obtain the NOC. If the officer does not provide the NOC or causes unnecessary delays, you have the option to approach the High Court through a writ petition under Article 226 of the Constitution of India to seek a timely issuance of the NOC.

Stay order against my neighbour to save my property

Stay order against my neighbour to save my property. I want to obtain a court stay order on the adjoining neighbour construction due to the risk of damage to my house.

You have the option to initiate a civil lawsuit seeking a permanent injunction against your neighbor to safeguard your property from potential damage. If you believe that your neighbor is engaged in unauthorized construction that poses a risk to your house, the court is likely to grant an injunction (stay order) against them.

Simultaneously, within the same civil suit, you can also request a temporary injunction. The purpose of the temporary injunction is to prevent your neighbor from taking any actions that could harm your house while the civil suit is pending.

To obtain either type of injunction, you must convince the court that your neighbor is involved in unauthorized construction that may result in harm to your property. The court will require evidence of damage, loss, or injury caused by your neighbor’s actions before granting a stay order.

Builder not providing parking spot as per the approved plan

Builder not providing parking spot as per the approved plan. Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance.

Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:

1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

The builder, as well as the society, cannot allocate parking spot in violation of the approved plan. If the BMC has approved 45 parking slots, each for the flat above the carpet area of seventy square meters, then the builder is obligated to allocate them accordingly along with the sale deed.

Asked from: Maharashtra

You are entitled to receive a parking spot for your flat 1503, as per the approval granted by the BMC. The allocation of one parking spot is an integral part of the sale deed if the carpet area of the flat exceeds seventy square meters.

According to Section 2(a-1) of the Maharashtra Ownership Flats Act (Act), the definition of a flat includes a garage (parking slot), which constitutes premises forming part of the building.

As per the approval given by the BMC, each flat above the carpet area of seventy square meters shall have a parking spot. Consequently, the parking spot becomes an integral component of the flat/apartment. Any breach of such approval contravenes the provisions of the Act, and therefore, an aggrieved person, such as yourself, can take legal action against the builder/society. Such an act is illegal and causes irreparable loss and injury to the flat owner, i.e., you.

Charging different fees for parking slot is a separate matter if the vehicles have been parked in common areas. The society/builder can charge varying fees if they are providing additional facilities. However, allocating common areas for exclusive parking is unlawful, as that area cannot be allotted separately.

Generally, the society charges extra fees for parking in common areas based on the rule of necessity (although it is illegal, it is done for the common interest of residents). If they are charging different fees for parking slots, such classification between different parking spots must be just, fair, and reasonable.

You can take legal action against your builder/society (as the case may be) either by filing a complaint with the appropriate authority of the BMC because they are violating the approved plan or by filing a complaint in the district consumer forum due to a deficiency in service on the part of the builder.

Related

Labours are frequently entering our premises without permission

Labours are frequently entering our premises without permission. My neighbor’s plot is under construction, and the contractor and labours are frequently entering our premises without permission. They have also failed to clean up the construction materials and waste from our property. When I asked them to address this issue, the owner of the property used abusive language towards me and my family. Do you have any advice on how to handle this situation?

Asked from: Uttrakhand

The contractor and labours have no right to enter your premises without your permission. In this situation, you should lodge a complaint against them for the offense of house trespass. Simultaneously, you can also inform the Station House Officer (SHO) at the local police station about this incident.

If there is a possibility that this dispute may escalate and disrupt peace and tranquility, the SHO can submit a report to the Magistrate, requesting them to have the individuals involved in the trespass post a bond under Section 107 crpc. This bond will remain in effect for up to one year. If they continue to obstruct or interfere with your property, the magistrate can forfeit that bond and initiate appropriate legal proceedings against them.

Also read:

Can I seek quashing of FIR on expiry of limitation period?

Can I seek quashing of FIR on expiry of limitation period? FIR was charged against me on 02/05/2019. I was called to the police station on 02/12/2019 and was released on station bail. They have charged IPC 354 D (stalking through email). But after which no response was there. Recently I got a govt job and when applied for a police clearance certificate I came to know the FIR is pending. The police have not filed charge sheet till date to my knowledge. Can I quash the FIR based on expiry of limitation period.

Asked from: Jharkhand

No, you cannot seek the quashing of an FIR solely on the basis of the expiry of the limitation for filing a chargesheet. The limitation period for submitting a chargesheet is applicable only when the accused is in judicial custody.

The limitation period for the submission of a chargesheet is provided for granting statutory bail to the accused under Section 167(2) of the CrPC. There is no provision in the CrPC that allows for the quashing of criminal proceedings due to the non-filing of a chargesheet within the stipulated period.

If the FIR contains a bald allegation or if no offense is discernible from the version of the FIR, you should consider approaching the High Court under Section 482 of the CrPC to seek the quashing of the entire proceeding. It appears that, given the nature of the offense, the allegations can potentially be substantiated through electronic evidence. If the prosecution is unable to retrieve any information related to the email, it is certain that they cannot establish your guilt.

Therefore, in this situation, it is advisable to seek the quashing of the FIR on the grounds of baseless and unsubstantiated allegations or the absence of any offense apparent from the context of the FIR.

Also read: Quashing of FIR

My boyfriend raped me in the influence of narcotics drugs

Question: My boyfriend raped me in the influence of narcotics drugs. Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year.  We’ve had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don’t know what else) when he didn’t respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won’t happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?

Your boyfriend has committed rape which is an offence under Section 376 of the Indian Penal code. For the offence of rape, it does not matter that accused had sexual intercourse under the influence of drugs. Furthermore, it is also immaterial that accused and victim have had consensual relationship in past.

Absence of consent of the victim in alleged sexual intercourse constitutes offence of rape. If that consent victim was taken by the accused either by force or deception, then again it amounts to rape. Your case is strong enough to punish the culprit.

Therefore, you should immediately lodge a first information report against your boyfriend. Medical examination of victim is not mandatory at the time of lodging FIR. The statement of victim is enough to initiate criminal proceedings against the accused.

If you have any message from your boyfriend in which he had confessed his guilt, you should adduce those messages along with the FIR.

Rectify khata number in khatauni

Question: Rectify khata number in khatauni. How can we rectify the khata number which has been wrongly mentioned. The land measurement is accurate including the disputed land.

You should submit an application to the Tehsildar for the rectification of the khatauni because the khata number that is reflected in the khatauni is incorrect. Provide some evidence regarding the incorrect khata number and attach it along with the correction application.

The Tehsildar shall conduct an inquiry either personally or through the lekhpal. After that, he may issue an order for the correction of the khata number if he finds that the khata number is incorrect.

Wife intentionally delaying the trial of dowry case: what to do?

Question: Wife intentionally delaying the trial of dowry case: what to do? It is almost nine years now and I am fighting a Dowry case against me. Although my defence is strong, the other party is prolonging this case by making excuses and playing the victim card in from the judge. What remedies I can take to fast track this case?

Your wife is intentionally delaying the trial of the dowry case by presenting herself as the victim. However, she knows that her case is false and frivolous. It seems from your case that the trial court is giving unnecessary adjournments to the prosecution. In this situation, you should approach the High Court either under Section 482 of the Code of Criminal Procedure (CrPC) or file a petition with the High Court under Article 227 of the Constitution of India.

Section 483 of the Code of Criminal Procedure, 1973, imposes a duty on every High Court to exercise continuous superintendence over the Trial Courts to ensure expeditious and proper disposal of case.

Article 227 of the Constitution also confers upon this Court the power of superintendence over all subordinate courts within its jurisdiction. The primary purpose of granting such wide supervisory powers to this Court is to remove obstructions that may impede the path of justice.

Obtaining unnecessary adjournments constitutes an abuse of the process of court. It is the solemn duty of this Court to prevent such abuse, rectify irregularities in the judicial process, and prevent miscarriages of justice.

Hence, you should avail any of the above-mentioned options to ensure the timely resolution of this case. The high court can direct the trial court to decide this case within a specified period, such as six months or any other period that the court deems appropriate.

If you have evidence to prove that the case is false and that the informant (your wife) has made false allegations, you can approach the High Court under Section 482 of the CrPC to request the quashing of the entire proceeding. This would be a preferable option if sufficient evidence has come to light that tends to demonstrate the case’s falsehood.