Sir, I got married on May 31, 2022, but on June 9, 2022, my wife left me with her boyfriend with the permission of her parents. Suddenly, on October 19, 2022, she filed a case against me for dowry harassment under section 498A with FIR no. 323/2022. After that, mediation was sent, but she refused to live with me and demanded Rs. 7 lakhs. I refused to pay the money. The mediation failed on January 20, 2023. What should I do now? Please guide me, sir.
It is important for you to fully cooperate with the investigation, as this can help prove your innocence. It's worth noting that the mediation failed because your wife refused to live with you, which was not your fault. It appears that your wife is involved in an extramarital affair and does not want to continue living with you.
In this situation, it may be in your best interest to file for divorce under Section 13 of the Hindu Marriage Act on the grounds of adultery. If you have evidence of your wife's affair, it is important to share it with the investigating officer and present it in your divorce case.
It's unlikely that the High Court will quash your case at this stage. It is best to let the investigating officer submit their report under Section 173 of the CrPC. Once the investigation is complete, you can try to file an application to the High Court under Section 482 of the CrPC along with evidence of your wife's extramarital affairs. The court may then consider quashing the charge sheet.
Is it necessary for the party to submit rent receipts/agreement for claiming the amount of house rent awarded in DV case under Section 19(f). Any Citation or law to highlight the information.
Yes, it is necessary for the party to submit rent receipts or a rent agreement for claiming the amount of house rent awarded in a Domestic Violence (DV) case under Section 19(f) of the Protection of Women from Domestic Violence Act, 2005.
Section 19(f) of the Act allows the Magistrate to direct the respondent (person against whom the complaint is filed) to provide alternative accommodation to the aggrieved person (person who has filed the complaint).
In order to claim the amount of house rent awarded under Section 19(f), the aggrieved person must submit proof of their rental expenses, such as rent receipts or a rent agreement, to the Magistrate. This is because the Magistrate will need to verify the actual amount of rent paid by the aggrieved person before awarding the amount of house rent as monetary relief.
There is no specific citation or law that mandates the submission of rent receipts or a rent agreement for claiming the amount of house rent awarded under Section 19(f). However, it is a general legal principle that a party must provide evidence to support their claim for damages or compensation.
Therefore, the aggrieved person must submit rent receipts or a rent agreement to prove their actual rental expenses and claim the amount of house rent in residence order under Section 19(f) of the Act.
Broker illegally refused to sell my property. My broker said that he will not sell my flat because that floor will be used for social activities. This is verbal refusal. It is my property and I will decide the use of it. How to proceed against the broker.
If your broker has verbally refused to sell your flat because they believe that the floor will be used for social activities, this could potentially be a violation of your rights as the owner of the property.
Ask your broker to provide you with a written explanation for their refusal to sell your flat. This can help clarify their reasoning and provide a record of their actions. Review the terms of your agreement. If you have signed an agreement with the broker, review the terms carefully to see if there are any clauses that may relate to this situation. Make sure you understand your rights and obligations under the agreement.
If you believe that your broker is unlawfully interfering with your right to sell your property, you may want to consider taking legal action. This could involve filing a complaint with a regulatory body or pursuing legal action through the courts.
Advocate commissioner can be appointed under the SARFAESI Act. No idea about the SARFAESI. It's common to appoint advocate commissioner for taking possession of the property. Please suggest.
SARFAESI stands for the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, which is a law in India that allows banks and financial institutions to take possession of the assets of borrowers who default on their loans.
As per SARFAESI Act, banks and financial institutions can appoint an advocate commissioner for taking possession of the property. An advocate commissioner is a legal expert who is appointed by the court to oversee the possession and sale of property.
The advocate commissioner plays a crucial role in the process of taking possession of the property. They are responsible for verifying the identity of the property, ensuring that there are no legal disputes over it, and conducting the sale of the property. They also ensure that the sale proceeds are distributed appropriately among the various stakeholders.
If you are a borrower who is facing a situation where an advocate commissioner is being appointed for taking possession of your property under the SARFAESI Act, it is recommended that you seek legal advice immediately. A qualified lawyer can help you understand your rights and guide you through the legal process.
Wife want luxurious life hence not living with husband. I filed restitution of conjugal rights case under section 9 (RCR) & my wife filed maintenance crpc 125. My life refused to live with me without any sufficient reason and she wants a luxurious life.
If your wife has no sufficient reason to live separately then she is not entitled to claim maintenance under Section 125 crpc. According to subsection 4 of section 125, a wife is not entitled for maintenance if:
- She is living in adultery
- Without any sufficient reason, she refuses to live with her husband
- If spouses are living separately by their mutual consent
Second ground of section 125(4) attracts in your case hence, you should file an application under Section 125(4) crpc for the dismissal of the complaint.
So far as the RCR is concerned, you should proceed in that case and adduce evidence to prove your wife's guilt. If the court finds that wife without any cogent reasons living separately the court may allow your suit and direct your wife to resume the matrimonial relations.
Wife cannot claim that she needs a luxurious life. Any demand which is beyond the financial capacity of the husband is illegal. That demand cannot form the ground for living separately. Your wife's demand is illegal hence, the court may allow your suit for RCR.
Prosecution after four years from retirement. Local authority asks CBI to file FIR against retired and retiring employees. Lodge the FIR for negligence of duty tantamounting threat to life & property. The alleged offence by churning out substandard housing flats declared unsafe by one technical expert. Building is built 10-12 years back citing criminal conspiracy amongst a huge number of technical employees, construction agencies etc. Is it tenable under the law post retirement of 7-8 years.
The present FIR is illegal because it has been lodged after the gap of four years from the date of occurrence. A retired government servant shall not be prosecuted for the offence committed beyond four years from his date of retirement.
In this scenario you should file a writ petition in the high court for the quashing of the FIR. The high court may quash the FIR because it is violating the service rules. You committed that offence while you were in government service. That offence was committed in the discharge of your official duty.
When the government servant committed an act in the discharge of his official duty then any offence arising out of that act needs sanction from the government. After retirement of that government servant however, the sanction for prosecution is not required but where the offence committed is beyond the time period of four years the government cannot prosecute him.
Second Marriage Registration and Bigamy: Will You Still Get Family Pension. I was married in 1996 socially, but completed registration only in 2022. My husband might have registered marriage with another woman offline between 2017 to 2020. He has even removed my name as a nominee from his family pension account and put in some other name. What is my marital status now? Shall I be entitled to receive a family pension if I happen to live longer than him?
Under Section 8 of the Hindu Marriage Act 1955, it is not compulsory to register a marriage. In 1997, your marriage was solemnised, and you possess photographic evidence to support your claim of marriage.
However, your husband's second marriage is illegal because he was already legally married at the time of his second marriage. This act of bigamy is punishable under Section 494 of the Indian Penal Code.
As a legally wedded wife, you have the right to receive a family pension. To address your concerns, you should file a complaint against your husband under Section 494 IPC and provide a copy to the department where your husband is employed. Bigamy is a serious offence, and the department may initiate disciplinary proceedings against your husband. In this situation, the department may divide the pension and other retirement benefits and allocate a portion of it to you separately.
Property dispute regarding one feet strip of land. Property dispute regarding one feet strip of land. My neighbour is not allowed to enter my other wall side. We have one foot on his land side. But he has 9ft away for their personal use. But he said don't come to this side, use the other side for all the purposes. Should my neighbour need to put one ft and give a common area or should he allow me to use my other side wall to paint or other purpose?
It sounds like you and your neighbor have a property boundary dispute, specifically regarding the use of the one-foot strip of land that is on your neighbor's side of the property line but is necessary for you to access the other side of your wall.
However, in many cases, property owners have certain rights to access and use portions of their neighbor's land, known as easements or rights-of-way. These rights may be granted through legal agreements or may be established by law. Depending on the circumstances, you may have a legal right to access the one-foot strip of land on your neighbor's property in order to maintain or use your wall.
If your neighbor is preventing you from accessing your wall or using the one-foot strip of land, you may need to take legal action to resolve the dispute. This could involve filing a civil suit for a decree requiring your neighbor to allow you access or to establish an easement or right-of-way.
Before taking any legal action, it may be helpful to try to resolve the dispute through communication and negotiation with your neighbor. You could consider speaking with your neighbor to explain your needs and concerns and to try to reach a mutually agreeable solution. In some cases, mediation or other alternative dispute resolution methods may be effective in resolving property disputes without the need for legal action.
Husband avoid to paying maintenance to wife and leave his family business. My husband does not want to pay alimony therefore, he has relinquished his family business. Now he is claiming that I have no source of income and am not able to maintain my wife and child. The court has asked him to produce income proof but he failed to produce it. I am facing a problem in caring for my son and myself. What is the possibility in this situation to get maintenance from the court?
If your husband is not willing to produce his income proof you can produce some evidence regarding his family business. It will empower the court to fix at least an interim maintenance till the final disposal of your case.
The court may presume that the husband has sufficient income if he does not give income proof after repeated instruction of the court. In this situation an adverse inference will go against his plea that he is a jobless person. A jobless husband is also bound to maintain his wife and children.
You can produce his income tax details, evidence about his living standard, educational qualification and other evidence which tends to prove that he has sufficient means. The court shall admit all that evidence and decide the interim maintenance.
For deciding the interim maintenance the court does not go into the merit of the case. At this stage you have to prove that
- You have no sufficient means to maintain yourself and your son.
- The husband has sufficient means. You can produce his income proof (if any).
- Monthly essential expenses of your son and yourself. Must produce a list of essential monthly expenses including the litigation expenses.
- Living standard and status of your husband.
- How much you spend monthly in your matrimonial home.
Take the above mentioned steps and try to decide an interim maintenance. When the court decides ad-interim maintenance it may be possible that your husband may cooperate in the case.
Related:
Legal remedy for forced eviction from matrimonial home and violation of conjugal rights. My husband wants to marry another woman. Therefore, he has been trying to evict me and my son from the matrimonial home. Our matrimonial acrimony and discord has been growing day by day. Finally he evicted me from his home and refused to maintain it. Then I filed a case for the restitution of conjugal rights. That civil suit is decreed in my favour. The court directed my husband to allow the plaintiff to live with him in the matrimonial relationship. My husband refused to obey the order of the family court and filed a criminal case against me. Then I again approached the court for the execution of its order. Thereafter, my husband locked the house and went to another city and living in a rental house. Two years have gone and I am not able to live with my husband.
You can file a complaint under the Domestic Violence Act (DV Act), as your husband has committed an offence by not allowing you to live with him even after the court's decree. He has subjected you to mental and economic abuse, which is an offence under the DV Act.
As per the Domestic Violence Act, you have the right to reside with your husband and access his resources, including his house, vehicle, property, and money. Therefore, you should file a complaint under Section 12 of the DV Act.
In the meantime you should approach the family court to forcefully execute its order. The court may direct the officer in charge of the concerned police station to break the lock and ensure your entry in that house.
Since your husband did not file an appeal against the order passed by the family court in the restitution of conjugal rights case, therefore, the order is still in force. In this situation the family court shall execute its decree by force.
