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Consultants for Maintenance In Pune

RECOVERY UNDER SECTION 101 OF THE 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 members 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.

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 PROCEDURES
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.
As is evident there is no suit before court of law is involved. In fact for cooperative disputes cooperative courts have exclusive jurisdiction and even that is obviated by special procedure of Recovery Certificate and Administration of the State helping Societies to recover arrears of dues at almost no coast. Question of time barring is unthinkable.

*SECTION 101 OF MCS ACT PROVIDES EASY ROUTE FOR RECOVERY OF DUES OF SOCIETY.
The recovery of dues from the defaulting members of any Housing Society is a thorny task when such unashamed members do not co-operate with the Managing Committee of their society. They enjoy all the facilities under the laws governing the societies simultaneously by breaking the laws of society in the matter of timely payment of their monthly dues.

Earlier, the Co-operative Housing Societies used to proceed against the defaulting member for recovery of dues under Section 101 of the MCS Act, 1960 with full-fledged trial in the Co-operative Court with all the ingredients e.g. cross-examination of witnesses, exhibiting the documentary evidences and their interpretations etc.

With the amendment of Section 101 of the MCS Act, 1960 the recovery of dues from the willful defaulters has now become easy and faster. The reason is that the amendment provides quick relief with no full-fledged inquiry unlike the series of proceedings in Co-operative Court. The power is now given to the Asst. Registrar/ Deputy Registrar to issue a Recovery Certificate for the amount due by making a summary inquiry on the basis of the affidavits filed by the disputant and the respondent.

retary of the Society has to issue a demand notice to the defaulter giving him opportunity to make the payment of the dues to the Society within such period, as the Chairman/ Secretary may allow, with a warning therein that on failure to make payment of the same, an application would be made to the Asst. Registrar/ Deputy Registrar under section 101 of MCS Act, 1960 for recovery of the outstanding dues.

Thereafter, upon the failure of the defaulter member to make the payment of the outstanding dues to the Society within stipulated as mentioned in the notice the Managing committee has to pass a resolution against the defaulter member under Section 101 of the MCS Act, 1960 authorizing the Chairman or Secretary of society to sign all the documents to be submitted to the Asst. Registrar/ Deputy Registrar under of the co-operative societies and to furnish the necessary information required by them by issuing certificate.

On the receipt of application from the society, the Registrar would give hearing to the member concerned and on verification of the facts of the case, outstanding dues and after making such enquiries, as the Registrar deems fit, the Recovery Certificate will be issued.
On the receipt of Recovery Certificate along with other documents, the Recovery Officer shall prepare demand notice for being sent to the sale-officer for attaching the movable property of the member concerned. The sale-officer on receipt of Recovery Paper 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. If the amount not paid by member concerned immediately on service of the Demand Notice, the sale-officer will seize the property.
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.
In the event of the proceeds of the sale of movable property are found to be insufficient to cover the outstanding dues in full as per the Recovery Certificate, the sale-officer will then proceed against the flat of the member concerned by arranging auction of the flat to recover the balance of the dues payable by the member to the society.

THE PROCEDURE FOR RECOVERY OF DUES IS AS UNDER
1. Issue a legal notice for payment of dues to the defaulter.
2. Pass the resolution to recover the dues in the Managing committee Meeting.
3. Issue a final legal notice to a defaulter.
4. Apply to the Assi. Registrar/ Deputy Registrar for the recovery of dues.

By |November 4th, 2017|consultants for maintenance in pune|0 Comments

Advocates for Maintenance cases

Ved legal is Associated with expertise Lawyers 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 the Maintenance of Wife under Hindu Adoptions & Maintenance Act, 1956.

Maintenance of Wife under Hindu Adoptions & Maintenance Act, 1956:-
Maintenance, is the support to live life having provision for food, clothing, residence, education, medical attendance and treatment and shelter which, when denies, are required immediately to be granted and cannot await the duration of a long trial. It is relevant to notice, in that behalf, that the provisions of section 18 (1) give absolute entitlement to Hindu wife to be maintained by her husband during her life time.

Maintenance of wife:-

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance-

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or willfully neglecting her.

(b) if has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injuries to live with her husband.

(c) if he is suffering from a virulent form of leprosy.

(d) if he has any other wife living.

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere.

(f) if he has ceased to be a Hindu by conversion to another religion.

(g) if there is any other cause justifying living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

COMMENTS

Interim maintenance

The right to claim interim maintenance in a suit is a substantive right under section 18 of the Act. Since no form is prescribed to enforce the said right civil court in exercise of its inherent power can grant interim maintenance; Purusottam Mahakud v. Smt. Annapurna Mahakud , AIR 1997 Ori 73.

Maintenance pendente lite

After considering the status of the husband the wife should be awarded maintenance pendente lite, even though there is no separate provision in the Act for grant of maintenance pendente lite. The obligation to maintain the wife remains on the husband even though the wife might be living separately. The suit under section 18 of the Act may take decades to decide, the wife in the first instance be forced to face starvation and then subsequently is granted maintenance from the date of filing of suit. Such a view will be against the very intent and spirit of section 18 of the Act. It is settled law that a court empowered to grant a substantive relief is competent to award it on interim basis as well, even though there is no express provision in the statute to grant it; Neelam Malhotra v. Rajinder Malhotra, AIR 1994 Del 234.

Maintenance to wife/widow

Widow has no charge on separate property of husband. Neither section 18 relating to maintenance of wife nor section 21 dealing with widow provides for any charge for maintenance on separate property of husband; Sadhu Singh v. Gurdwara Sahib Narike , AIR 2006 SC 3282.

Separate residence and maintenance

(i) The wife had been living alone and all the children had been brought up by her without any assistance and help from the husband and there was a clear case of desertion, the wife was entitled to separate residence and maintenance; Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994 Mad 168.

(ii) The thoughtless action of the husband of evicting the wife from the house where she had been living in collusion with the purchasers of the house and the police inflicted a deep wound on her amounting to cruelty, the wife was entitled to live separately and claim maintenance; Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994 Mad 168.

(iii) The claim for maintenance by a wife can also be sustained under clause (g) even on a ground covered by one or other clauses i.e. clause (a) to (f) of section 18(2) substantially but not fully. Merely because the wife fails to strictly prove the specific grounds urged by her, she cannot be denied relief; Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994 Mad 168.

19. Maintenance of widowed daughter-in-law.-

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law.

Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall case on the re-marriage of the daughter-in-law.

20. Maintenance of children and aged parents.-

(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or inform parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Explanation.- In this section “parent” includes a childless step-mother

21. Dependants defined.-

For the purposes of this chapter “dependants” means the following relatives of the deceased.

(i) his or her father.

(ii) his or her mother,

(iii) his widow, so long as she does not re-marry.

(iv) his or her son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he isn minor, provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great grand-son, from the estate of his father or mother or father or father’s mother.

(v) his or her unmarried daughter or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried, provided and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father’s or mother’s estate and in the case of a grand-daughter form her father’s or mother’s estate and in the case of a great-grand-daughter from the estate of her father or mother or father’s father or father’s mother.

(vi) his widowed daughter, provided and to the extent that she is unable to obtain maintenance –

(a) from the estate of her husband, or

(b) from her son or daughter if any, or his or her estate, or

(c) from her father-in-law or his father or the estate of either of them.

(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry: provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter, if any, or his or her estate, or in the case of a grandson’s widow, also from her father-in-law’s estate.

(viii) his or her minor illegitimate son, so long as he remains a minor.

(ix) his or her illegitimate daughter, so long as she remains unmarried.

22. Maintenance of dependants, –

(1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.

(2) Where a dependant has not obtained, by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.

23. Amount of maintenance.-

(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the court shall have due regard to the considerations set out sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be award to a wife, children or aged or infirm parents under this Act, regard shall be had to –

(a) the position and status of the parties.

(b) the reasonable wants of the claimant

(c) if the claimant is living separately, whether the claimant is justified in doing so,

(d) the value of the claimant’s property and any income derived from such property, or from the claimants.

(e) the number of persons entitled to maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –

(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –

(a) the net value of the estate of the deceased after providing for the payment of his debts.

(b) the provisions, if any, made under a will of the deceased in respect of the dependant.

(c) the degree of relationship between the two.

(d) the reasonable wants of the dependants.

(e) the past relations between the dependant and the deceased.

(f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source.

(g) the number of dependants entitled to maintenance under this Act.

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.

Lawyers for Maintenance 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.

Conditions for Granting Maintenance:

Person from whom maintenance is claimed must have the ability to pay maintenance. Ability means being employed, owning land, having a source of income or having a healthy body capable of work.

The person must have neglected the claimant or refused to pay maintenance.
Persons claiming maintenance must be unable to maintain themselves. If a person is healthy, adequately educated or capable of pursuing gainful employment no maintenance is given. Wives and elderly parents are generally given maintenance. The mere fact that the wife is earning does not dis-entitle her from claiming maintenance. The question is whether she is able to maintain the same standard of living that subsisted prior to the neglect or divorce with her own earnings without having to depend on another.

Maintenance orders under Section 125 can be heard only by the Judicial Magistrate of First Class. She can order a monthly allowance of maintenance that she deems just and fair. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant. The maintenance must aid in ensuring the same standard of living for the claimant. It must neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.

Maintenance is payable either from the date of order of payment or from the date of application for maintenance, depending on the court’s judgment of the cooperation and decent behaviour demonstrated by the parties.

A second application of maintenance is allowed under Section 125 and the quantum of maintenance can be enhanced with passage of time or change in material circumstances and prices.