Wife not living with husband right from the marriage but seeking maintenance. I got married on 18.01.2017, but my wife refused to live with me at my home and has not lived with me since then. She is currently staying with her parents. I filed for divorce after 5 years under section 13(1)(ia)(ib) of the Hindu Marriage Act, which is pending. Now, after 6 years, she has filed a case under section 125 of the CrPC for maintenance and interim maintenance. My question is whether she is entitled to maintenance despite not living with me at my home since marriage and suppressing her hormonal imbalance, which affects sexual activity.
Prima facie, it seems that your wife has no sufficient cause to live separately. Right after the marriage, she preferred to live with her parents instead of her matrimonial home and has deliberately refrained from performing her matrimonial obligations.
In this situation, it may be difficult for her to receive maintenance under Section 125 of the CrPC. Subsection 4 of Section 125 states that if a wife has no sufficient cause to live separately, she is not entitled to maintenance.
You should file an application challenging the maintainability of her case under Section 125 of the CrPC. If the court finds that she has failed to provide just reasons for living separately, they may dismiss her case.
Related:
Since the first day of my marriage, I have been subjected to extreme cruelty, harassment, and cheating by my husband and his family. As well as denial of sex, and my husband's extramarital affair. They demanded more dowry, broke their promise to move to XXX for work, and forced me to leave my job and work as a servant. My husband rejected me completely and physically abused me when I confronted him about his affair. I left and now my husband and in-laws are pressuring me to give a mutual divorce and are defaming my family. I am mentally depressed and need guidance on what steps I can take to address this situation.
If you do not want a divorce but still want to avail yourself of all the legal rights that a legally married woman is entitled to under the law, then you should take proper legal action against your husband and his family.
Your husband's extramarital affair constitutes a marital offence, as he has been unfaithful to you. Therefore, he has no right to force you to agree to a mutual consent divorce.
If there has been violence, abuse, or cruelty in your marriage, you should file a complaint under Section 12 of the Domestic Violence Act against your husband and in-laws. You should also seek monetary relief in the form of maintenance and a restraining order under Section 18 of the DV Act.
Additionally, you should file a complaint under Section 125 of the CrPC to seek maintenance for yourself. Denial of sex and abstaining from sexual relationships constitute cruelty and provide a just ground for living separately. Therefore, you are entitled to receive maintenance while living apart.
If you want to prevent your husband from remarrying his paramour, you should not agree to a mutual consent divorce. However, if you both agree to end your marriage, then mutual consent divorce would be the best option.
My wife filed a false case because she wants divorce from me. Therefore, she wants to compel me for divorce through the filing of such a false case. She has an extra marital affair with her classmate to whom she wanted to marry. I have a baby aged about two years therefore, I do not want to divorce because then she may take away my baby from me. She is very shrewd and master in making plans. Just after the marriage she went to college for completing her post graduate degree and remained there for three years by deliberately getting supplementary and back papers. Actuallty she lived with her paramour during the completion of the post graduate degree.
After coming from the college we planned for a baby and in 2021 a baby born out of wedlock. She never wanted a child and she tried her best to abort the child. But my persistence efforts she begot the child. She filed a false case against me knowing that I am innocent. That criminal case has been filed for the offence of cruelty and marital rape. However, no such act I committed against her. What should to do in this situation?
In case you possess evidence that can refute the first information report, then you may request the high court to dismiss the FIR by filing a writ petition under section 482 of the code of criminal procedure.
Furthermore, considering the FIR was filed due to matrimonial disputes, you may also opt for pre-investigation mediation. Your case may be suitable for mediation as there are some aspects of settlement or conciliation present. To initiate pre-investigation mediation, you need to submit an application to the station house officer of the police station. They have the authority to stay the investigation and refer the matter for amicable settlement.
Can accused gets bail if medical evidence is not supporting prosecution story? In the heat and enmity of the election my father in law was falsely implicated in the offence of murder. During the election campaign he went to primary school in his village. At the place some miscreants of the rival group were also present. In the heat of the election campaign a faction started to fight. In that fight some people received injuries. Later on he came to know that a person had died. In the FIR the informant stated that he saw that the accused (my father in law) inflicted knife injury and his associates fired gunshots over the deceased.
They fired as many as nine gun shots targeting the deceased. In the post mortem report no sharp edge injury was found. Only one entry wound was found near the left ear. Only one empty cartridge was found near the place of occurrence. The sessions court has refused the bail application, is there any possibility to get bail from the high court?
Prima facie it seems from the facts of your case that the post mortem report of the deceased does not support the prosecution version. So far as the recovery of incriminating materials are concerned, only one empty cartridge was found from the place of incident.
The informant has stated in the FIR that he saw that the accused had inflicted the deceased with a knife. No knife is recovered from the accused as well as no sharp edge injury found on the body of the deceased.
So far as the use of firearms and gun shots are concerned, no allegation made against your father in law that he used the firearm. It is stated that his associates fired from their gun targeting the deceased.
They fired nine gunshots. Recovery of only one empty cartridge at the place of incident and only one entry wound on the deceased, itself proves that the allegation of nine gunshots is false.
No firearm recovered from the accused and his associates. In absence of recovery of firearms from the possession of the accused, it cannot be proved that the accused has caused that gunshot.
There is a specific allegation against the accused (your father in law) that he inflicted the deceased with a knife. No sharp edge injury found on the body of the deceased. No allegation about the use of firearms alleged against your father in law. This itself suffices to get bail from the court. The sessions court has erroneously rejected the bail application.
In this scenario, you should move another bail application to the high court under section 439 of the code of criminal procedure. The high court may grant bail because the medical evidence, recovery of incriminating materials are not supporting the prosecution story, therefore, the case is prima facie false and fabricated.
Can high court order for the further investigation in rape cases? My brother is falsely implicated in the gang rape. Some villagers have conspired and prepared a mentally sick woman to make false allegations against four persons including my brother. The incident was alleged to have happened in 2021 when lockdown was declared in the state of Uttar Pradesh due to increasing cases of covid 19. In those days no one was able to leave the village. During those days the mentally sick woman was living with a lady in the village. No medical examination was conducted by the investigating officer.
However no eye witness was there to support the allegation. Entire case is built-up on the statement of the raped woman. The investigating officer has produced the charge sheet against all four accused. My advocate is suggested to file a petition in the high court under 482 for further investigation order. Can the high court direct the investigating officer to conduct a medical examination and collect evidence of an eye witness?
Section 482 of the code of criminal procedure does not grant the high court the authority to issue such an order. Nonetheless, under section 156 crpc, the magistrate possesses the power to order further investigation. In addition, section 173[8] of the crpc permits the investigating officer to submit a report of further investigation if new evidence is discovered in the case.
Upon initial review, your case does not appear to warrant seeking an order for further investigation from the high court. In rape cases, the victim's oral statement and allegations alone are typically sufficient to initiate an investigation. Moreover, it is rare to find eyewitnesses in such cases.
If information regarding the rape offense was reported after a significant delay, it may not be possible for the investigating officer to obtain medical evidence from the examination of the victim. Thus, seeking further investigation on this basis is not a viable option. It would be advisable for you to contest the case and present evidence in support of your innocence.
The government has not taken possession of land acquired since 2018. When the government initiated proceedings for the acquisition of our land some of the land owners filed a case against the acquisition. But due to receiving compensation they have withdrawn the case and filed an objection before the collector for increasing the amount of compensation. Upon hearing of the case the collector sent an requisition to the government to increase the amount of compensation. After three years we got the compensation. But still the government has not acquired the land. Can we claim the return of the acquired land because it has not been taken in possession of the government?
Although the landowners have received compensation, the government has not taken possession of the land. Consequently, it is not possible to request the cancellation of acquisition or the return of the land to the original owners.
Furthermore, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR) does not consider the land to be lapsed once compensation has been received by the landholders.
Section 24 of the LARR Act explicitly states that the acquisition cannot be considered lapsed solely on the basis that the government has not taken possession of the land, provided that compensation has been paid to the landholders.
Can I file a civil suit against the bank for instituting false proceedings before the DRT? The bank of India has instituted false and frivolous proceedings against me in the DRT. The notice which was issued against me was never served on my address. My advocate has advised me to file a civil suit under section 151 of cpc and challenge the veracity of the proceeding. Proceeding without giving an opportunity to the opposite party is bad therefore I can file a civil suit and challenge the proceeding initiated by the bank.
You cannot file a civil suit for challenging the proceeding instituted under the special law or Act. SARFAESI Act is a special Act and it has special jurisdiction to try a class of cases. When the statutory rights have been given
to the bank to proceed against the defaulter to recover the NPA, the civil court cannot take cognisance in the suit filed under section 151 cpc.
The secured creditor has the right to approach the DRT for taking possession of the secured assets under the SARFAESI Act. In this situation you should withdraw your suit and file a securitisation application or file a counter affidavit in the Original Application filed by the bank.
When you have an alternative remedy to appear in the original application filed by the bank, there is no need to initiate another proceeding which is nowhere connected with the special law.
My friend has cheated me by presenting a cheque which I given to him for another purpose but he used it to initiate a false legal proceedings against me. He is a property or real estate broker and having good business in our locality. We are also doing a small business related to the collection centres for different pathologies. During the covid we made huge profit and invested that money in the stock market. That business also flourished under the guidance of my friend. He is a master in the field of investment because he is MBA from a very reputed college. In the last year he told me to establish a pharma company but I was not ready because I wanted to carry on the investment. Our investment business was running very well last year.
Due to conflict of interest some differences have taken place between us. I withdrew all my investment and started another firm with an independent director. He presented that cheque in the bank by filling the details such as the date and amount. It was a blank cheque. He has written in the complaint that I paid that cheque to purchase a piece of land. Actually no such deal ever took place between us. He cheated me by using my blank cheque which was given for the registration of the pharma distribution firm.
Asked from: Maharashtra
But due to differences that firm was never established. Yesterday I received a summons from the court that a cheque bounce case has been lodged against me. I sent instructions to the bank and stopped the payment of that cheque. Due to which the cheque was dishonoured. Please help.
Your friend has alleged in complaint that cheque was given as the consideration for the purchase of a piece of land. You said that there was no such deal.
In this scenario, it is highly possible that no deed of conveyance such as agreement to sale etc. was executed between you both. Therefore, the claim that the cheque was given as the part of sale consideration is baseless and without evidence.
You should appear in that case and deny the existence of any debt and any financial liability. In dishonour of cheque cases, however, a presumption of existing debt arises against the accused but you can rebut that presumption on the ground that there was no such deal or conveyance between the parties. Then it will be the responsibility of the complainant to prove that the cheque was issued by the accused in the discharge of his debt or financial liability.
In absence of proof of discharge of debt or liability the court shall dismiss the case. If the court does not dismiss the case then you should approach the high court under section 482 crpc for the quashing of this false and frivolous criminal case.
There is no deed of conveyance which proves that the cheque was issued for the payment of sale consideration of the land then the high court may certainly quash this case.
Related: A person gave me a post-dated cheque but now refusing to pay
Can an owner of a truck file a case in the consumer forum for deficiency in service? Is it possible for the owner of a truck to file a case in the consumer forum for a deficiency in service? I bought a truck for the purpose of earning money, but after a while, I discovered several issues with it. Despite making multiple complaints to the showroom and the truck company's officers, no action was taken. As a result, I suffered sign-`ificant losses since I was unable to use my truck and earn from it.
Nonetheless, I have been paying my monthly instalments on time with the hope that the company would resolve the issue. However, after numerous requests and notices, they declined to fix the problems. Consequently, I filed a case in the consumer forum. However, the company's lawyer argues that since the truck was purchased for commercial purposes, the case before the consumer forum is not maintainable. I need help determining whether or not my case is maintainable.
Your case is maintainable because you have not been using your truck for the commercial purpose. If the owner of a commercial vehicle uses it for his self employment it cannot be said that the vehicle is purchased for its commercial use.
You should take the support of ruling and law laid down by the supreme court in laxmi Engineering (1995) 3SCC 583. In this case the supreme court has held that use of commercial vehicle for self employment or for the purpose of livelihood the purchaser of goods is yet a consumer.
Therefore, you are still a consumer in Section 2 of the Consumer Protection Act. hence you have full right to invoke the provisions of consumer protection act for any deficiency in service on the part of the vehicle company.
Unfair trade practice in consumer cases
Resolving legal issues in resident societies: a guide for members of gujarat society facing unlawful bylaws and jurisdictional challenges. We are members of a resident society situated in Gujarat. There was a fight between the two sections of members over the issue of utilisation of funds. When the society was formed the builder wanted to take control over the function of the society for an indefinite period. Hence he made favourable bye laws. If there is any dispute regarding the function of society the case shall be filed before the society registrar. Any appeal against the order of the society registrar shall be made only before the Supreme Court. Because of this rule we are not able to contest the case to the supreme court. Please advise how to tackle the issue and keep peace and tranquillity in our society?
Prima facie the terms of the bye laws so far are related to the forum of appeal are illegal. Such a provision cannot be made in bye laws. Conferring jurisdiction to the Supreme Court only against the order of society registration is per se illegal.
Only the Parliament and the Union of India have the power to confer appellate jurisdiction to the Supreme Court. Conferring jurisdiction to the Supreme Court falls under the union list of the seventh schedule of the constitution of India.
Therefore, the provision of appeal as made in the bye laws is illegal. You should file a writ petition in the high court under article 226 of the constitution for annulment of that provision. The high court may quash that provision and declare it as null and void because that provision is against the entry number 77 of the union list and also against the provision of Article 246 of the constitution of India.
