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Lawyers for matters of Recovery of Maintenance

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

Lawyers for matters of Recovery of Maintenance under section 101 of M C S Act 1960.

Overdue outstanding of housing society maintenance is an irritant in every society despite 21% interest charge for any delay. Collection of overdue society charges is an extremely important business of housing society. Raising dispute in that behalf is a dispute referable to the Cooperative Court under Section 91 of the M C S Act 1960 to the exclusion of any other court.
With a view to make it easy for cooperative societies to recover amounts due by member’s exceptionally special provision/procedure has been introduced in the legal system of the State by inserting Section 101 in the M C S Act 1960.
Cooperative society engaged in business of buying goods/services for its members, value recoverable from members for such supplies are called debt. A suit for recovery of debts filed after three years is deemed to be a time barred suit. A suit instituted and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence [Section 3 of the limitation act, 1963] This is known as a suit for recovery of time barred debt. In commercial parlance a debt owed by one person is income of the person to whom it is payable or it could be any amount due under a contract in relation to sale of goods/services properties for agreed value.
In case of housing societies the dues by its members are defined under registered Bye-Laws of every housing society for the sake of simplicity as “the Society Charges” but they have more than one characteristic. A large chunk is the pre-decided contribution to society funds earmarked for meeting various objects of the Society. For example Building Repair fund is meant to ensure that buildings of housing societies the core assets are maintained in good order and in habitable conditions. It is one of the key objects of a housing society.
Another fund is Sinking Fund and is towards meeting cost of structural modification which may be needed several years after the construction of the buildings. Contribution to yet another fund namely Common Amenities Fund is for attaining its main object namely “to provide its members common amenities and services” emanating form the very definition of housing societies pursuant to Clause 16 of Section 2 of the M C S Act 1960 reading as (16) “housing society” means a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its members common amenities and services;
the amount demanded from every members and remaining outstanding are brought within the purview of Section 101 vide amendment to the M C S Act 1960 made by Mah. 20 of 1986, vide its s. 52(a) QUOTE: “by a co-operative housing society for the recovery of arrears of its dues”
Benefit of following completing 101 Procedure
1. The Section 101 procedure is a simpler way of realizing arrears of society dues without instituting the cumbersome court proceedings a compulsion in business which require establishing debt due by a debtor to a creditor in the course of business a profit making activity necessarily.
2. The hallmark of this procedure is the Assistant Registrar/ Deputy Registrar issuing a Recovery Certificate for the amount due, after making a hearing and a summary inquiry on the basis of the affidavits filed by the disputant and the respondent. Obtaining this certificate costs maximum of Rupees one thousand payable as application fees to the State Government.
3. A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force for the recovery of land revenue.
4. After the recovery certificate is issued the ball is in the Court of the state Government;
i.On receipt of the Recovery Certificate, the Recovery Officer shall prepare demand notice for being sent to the Sale-Officer for attaching the movable property of the member concerned.
ii.The Sale Officer, on receipt of recovery paper from the Recovery Officer, shall visit the flat of the member concerned for preparing an inventory of the movable property and handover such list to the member concerned and serve the demand notice on the defaulter member.
iii.If the amount not paid by the member concerned immediately on service of the demand notice, the Sale Officer will seize the movable property.
iv.Thereafter, the Sale Officer will fix the date, time and place for such auction of the movable property seized and auction out the same and pay the sale proceeds thereof to the Society, in satisfaction of the outstanding dues payable by the defaulting member to the society.
Making Application for issuing a recovery certificate
a.Issue a notice for payment of dues (including up to 21% interest) to the defaulter, with a warning therein that on failure to make payment of the same, an application would be made to the Competent Authority under section 101 of MCS Act, 1960.
b.Pass the resolution to recover the dues in the Managing Committee Meeting.
c.Issue a final notice to the defaulter
e.Apply to the Assistant. Registrar/ Deputy Registrar for the recovery of dues.
f.Pay the prescribed fee (Rs 15 to 1000 max) through a challan payable at the Reserve Bank of India.

Advocates for Mutual consent Divorce in Pune

Advocates for Divorce in Pune:-

Ved legal is an expertise team working on issues related to family matters through their Associated Lawyers and Consultants, in the first instance we try to resolve the issues through reconciliation or settlement between the parties. We try to save the relation as it is not just two person who gets separated but two families their children if any.

Divorce Law under section 13B:-

Effect of divorce a petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution of marriage. That is the requirement of law. The Family Courts should endeavour, in the first instance to effect reconciliation or settlement between the parties. Even where the family courts are not functioning, the objects and principles underlying the constitution of these courts can be kept in view by the Civil Court trying matrimonial causes.

Advocates for Divorce by Mutual Consent:-

It is an easiest way to dissolve the marriage, Divorce by Mutual Consent is subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment)Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
A petition under S 13-B is not entertainable by the Appellate Court; it has to be filed in the original Court. A decree of divorce by mutual consent can be granted when and only when the Court is satisfied about (i) marriage having been solemnized between the parties; (ii) the parties have been living separately for more than a year before presenting the petition; (iii) they were not able to live together at the time of presenting the petition and continue to live apart; (iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented; and (v) the contents made in the petition are true and conditions under S.23 are fulfilled. The decree has to be passed only on mutual consent of both the parties the court cannot pass decree on initial consent to be passed.

consultants for Divorce in pune

Ved legal is Associated with expertise consultants in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family related issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of Divorce Law

Matrimonial and Divorce Law

Divorce laws vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

1. Divorce by Mutual Consent

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:

Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by a person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Once an annulment is granted by the Indian Court, the status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:
There are certain forms of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

The time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks. Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only a mild variation.

For More information please contact us:
Consultants for Housing Co-operative Society in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

Divorce lawyers in pune

Ved legal is Associated with expertise Advocates in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of the jurisdiction and procedure followed in Family Court.
Introduction
Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’.
Jurisdiction
1. Civil matters
The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-
• Matrimonial causes
• Maintenance and alimony of spouses
• Custody and guardianship of children
• Settlement of spousal property
2. Criminal matters
The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of Code of Criminal Procedure section 125 which is Order for maintenance of wives, children and parents.
Powers of Family Court
1. The family court has the power to make their own procedure.
2. They are not required to record the oral statement of the witness at length.
3. The appeal from family courts lies directly to the High Court.
4. The Family Court can receive any document or statement even if it is not admissible under Indian Evidence Act 1872.

Procedure to be followed by family court
1. Section 9 provides that the family court should try to resolve the matter through conciliation and settlement.
2. If there is possibility of settlement of dispute the court should adjourn the proceedings until such settlement is arrived at.
3. The parties of the proceeding are not required to hire a legal practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
4. In camera proceedings can be ordered if the parties desire. (In camera proceedings means that the public is not allowed to see the proceedings)
5. Judgment should be concise with the statement of the case, determination of the decision and the reason for the decision.
6. Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgment.
7. The Court can take assistance of medical and welfare experts.
Appeal
1. Appeal from judgment or order of Family Court can be made to the High Court within 30 days of passing the order or the judgment.
2. The appeal can be on both question of law and question of fact.
3. The appeal should be heard by a High Court bench of two or more judges.
4. No appeal lies against an order which is passed with the consent of the parties.
Steps to follow for registering a suit in a Family Court
1. If a person wants to register a suit in the family court then he needs to describe all the details clearly on a watermarked paper and submitted along with the court fees.
2. Along with the suit papers the petitioner should attach an affidavit that all the facts stated in the plaint is true.
3. The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.
4. These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.
5. The applicant files the summons form and gets the next date for hearing.

Advocates in Divorce and Matrimonial Cases in Pune

Ved legal is Associated with expertise Advocates in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of the jurisdiction and procedure followed in Family Court.

Introduction

Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’
.
Jurisdiction

1. Civil matters
The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-
• Matrimonial causes
• Maintenance and alimony of spouses
• Custody and guardianship of children
• Settlement of spousal property
2. Criminal matters
The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of Code of Criminal Procedure section 125 which is Order for maintenance of wives, children and parents.
Powers of Family Court
1. The family court has the power to make their own procedure.
2. They are not required to record the oral statement of the witness at length.
3. The appeal from family courts lies directly to the High Court.
4. The Family Court can receive any document or statement even if it is not admissible under Indian Evidence Act 1872.

Procedure to be followed by family court
1. Section 9 provides that the family court should try to resolve the matter through conciliation and settlement.
2. If there is possibility of settlement of dispute the court should adjourn the proceedings until such settlement is arrived at.
3. The parties of the proceeding are not required to hire a legal practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
4. In camera proceedings can be ordered if the parties desire. (In camera proceedings means that the public is not allowed to see the proceedings)
5. Judgment should be concise with the statement of the case, determination of the decision and the reason for the decision.
6. Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgment.
7. The Court can take assistance of medical and welfare experts.
Appeal
1. Appeal from judgment or order of Family Court can be made to the High Court within 30 days of passing the order or the judgment.
2. The appeal can be on both question of law and question of fact.
3. The appeal should be heard by a High Court bench of two or more judges.
4. No appeal lies against an order which is passed with the consent of the parties.
Steps to follow for registering a suit in a Family Court
1. If a person wants to register a suit in the family court then he needs to describe all the details clearly on a watermarked paper and submitted along with the court fees.
2. Along with the suit papers the petitioner should attach an affidavit that all the facts stated in the plaint is true.
3. The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.
4. These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.
5. The applicant files the summons form and gets the next date for hearing.

Advocates for Custody of Child

We are experts in all branches of law with special expertise in Conveyance, Deemed Conveyance of Co-operative Housing Societies, Formation / Registration of Co-operate Law, Legal Consultancy on Annual Basis, Property Laws, Company Secretary Work (Corporate and Company Law), CSR Consulting, Society Accounting, Matrimonial and Divorce Law.

After Divorce the Custody of a child is a Question,and the Court Decided as to who the child will physically reside with. But Both parents continue to be natural guardians.

As per the Guideline of Court the custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.

Over the years, there is a shift from custody and access being the ‘right of a parent’ to being the ‘right of a child’. The non-negotiable principle on which custody is decided is the ‘best interest and welfare of the child’. Who will best serve the child’s emotional, educational, social and medical needs is the only criteria.

The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access.

Lawyers for Custody of Child in Pune

We are experts in all branches of law with special expertise in Conveyance, Deemed Conveyance of Co-operative Housing Societies, Formation / Registration of Co-operate Law, Legal Consultancy on Annual Basis, Property Laws, Company Secretary Work (Corporate and Company Law), CSR Consulting, Society Accounting, Matrimonial and Divorce Law.

Laws on Custody of Child in India, In the matrimonial proceedings the question of custody, education and maintenance of children also crop up. The courts are asked upon to decide in respect of custody of children during the pendency of trial. The question of custody of children is an important matter which affects the children and parents emotionally, economically and socially. The matrimonial courts have been empowered under the matrimonial enactments to decide such questions and pass orders relating to custody, education and maintenance of the children from time to time. Such orders can be modified, revoked or changed. The courts exercised jurisdiction over children only if it has jurisdiction in the main petition. If the matrimonial proceedings are dismissed by the court, proceedings relating to children terminate automatically. A provision or order may be made by the court for the custody, maintenance and education; of minor children before passing of a decree or in the decree itself or even if a decree has been passed. Passing of a decree in the main proceeding does not put an end to the courts jurisdiction as it retains the power to pass orders in respect of custody, maintenance and education of the children even after passing such decree. The guiding principle for passing such orders is but approval things “just and proper” the interpretation which has been given to these words “welfare of the minor”. Though the principle of welfare of the minor is the paramount consideration but the court can also take consideration, the wishes of the children also. To ascertain the benefit of the the court has to consider all other factors such as age, sex or wishes of the child. Thus, the power conferred upon the matrimonial courts is of considerable importance which has to be exercised cautiously.

Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, upon application by petition for the purposes make from time-to-time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending and the court may also from time-to-time revoke, suspend or vary any such orders and provisions previously made:

Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
In any proceeding under Chapter V or Chapter VI the District Court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time-to-time, all such orders and provisions with respect to the custody, maintenance education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending.

Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall as far as possible, be disposed of within sixty days from the date of service of the notice on the respondent.