My boyfriend has relations with more girls than one. My boyfriend cheated on me. We were in a relationship but on other side he was in one more relationship. Now I am mentally and physically exhausted. I tried calling him multiple times but he blocked me also.
Asked from: Delhi
You cannot compel your boyfriend to end relations with other girls because, at this stage of friendship, you should be more cautious rather than have blind faith in such a dubious man. Your boyfriend has not given you a false promise of marriage and established bodily relations with you. He has not committed cheating to get any favour from your side.
If you still want his company, then you cannot direct your boyfriend to restrict his relations with other girls. In a healthy relationship, both partners should communicate openly and establish boundaries together. It's essential to have a conversation about what each of you is comfortable with and find a compromise that respects both individuals' feelings and needs.
Trust, respect, and mutual understanding are key elements in maintaining a successful and harmonious relationship. If you still have trust in him, you can keep your relationship; otherwise, you should make a wise decision and end this. You should look forward and don't indulge in sentimental matters.
Related: How to take legal action against my boyfriend who has raped me?
Wife has past relations with a boy Can I take divorce. My wife had past relations with a boy which I recently came to know. In this situation, I don't want to live with my wife. She is very clever lady and I think that she is still in touch of that man. Can I take divorce?
If you have no evidence to prove that your wife has been living in adultery, then you cannot seek divorce. Past relations with a boy do not give you a right to get divorce. According to Section 13 of the Hindu marriage Act, 1955 you have to prove adultery of your wife which she committed after marriage.
You want divorce in the hypothetical situation which is not acceptable. You should refrain from making false allegation against your wife. Physical relation with a person before the marriage does not constitute matrimonial crime or infidelity. It shall not constitute a ground for divorce.
Infidelity, in the context of marriage, is generally considered a breach of trust and fidelity to one's spouse. Matrimonial issues related to infidelity are primarily matters of personal ethics, morality, and civil law rather than criminal law. In cases of infidelity, the legal consequences typically revolve around civil matters such as divorce.
Under Section 13 of the Hindu Marriage Act, 1955, there are several grounds on which either spouse can seek a divorce from a marriage solemnized under the Hindu religion. These grounds include instances where one party has committed adultery, among others.
Section 13(1)(i): This clause states that a marriage can be dissolved if, after the solemnization of the marriage, either party has had voluntary sexual intercourse with any person other than their spouse. In other words, if one spouse engages in extramarital affairs or adultery, the other spouse may file for divorce on this ground.
Thus it is evident that for the adultery the wife must have sexual relations with a person other than spouse. If sexual relations were established before the marriage, that will not constitute adultery.
Can I file criminal case in Noida against company situated in Chennai. I reside in Noida, Sector 20, and have been employed by a Chennai-based company for the past six months. Unfortunately, they have withheld my salary on unsubstantiated grounds. Is it possible for me to file a criminal FIR online, ideally without the necessity of traveling to Chennai?
Yes, you can file a criminal case in Noida, regardless of the fact that the company is originally situated in Chennai. This is because a portion of the offense has taken place in Noida, allowing you to lodge a First Information Report (FIR) against the company in Noida.
According to Section 178 of the Code of Criminal Procedure, when an offense is committed partly in one local area and partly in another, the FIR can be lodged in either of those areas.
In terms of jurisdiction for registering and investigating the crime, it is essential that a portion of the offense occurs within the territorial jurisdiction of the local police station. Section 177 of the CrPC specifies that the act constituting an offense must occur within the jurisdiction of the respective Magistrate for them to take cognizance. However, Section 178 of the CrPC holds that even if only a part of the cause of action has arisen within a jurisdiction, it is sufficient to initiate criminal proceedings against the accused person.
Section 178 of the CrPC takes precedence over Section 177, meaning that when a part of the cause of action has arisen, it is adequate to commence criminal proceedings.
Section 177 of the Criminal Procedure Code, 1973, pertains to the ordinary place of inquiry or trial, whereas Section 178 of the CrPC addresses the place of inquiry or trial when it is uncertain in which of several local areas an offense was committed, or when an offense is committed partially in one local area and partially in another. You can lodge FIR in Noida without hesitation.
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. 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.
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. 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? 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
