One of the Individuals filed a private complaint against me. Case was for change of Date of Grampanchayat assessment copy of house property from 2013 to 14. Same assessment was presented in the court by us for filing a suit against him for easmentry right. Court ordered for invitation under 156(3). FIR i.e. report filed by police in the court. Court passed order to re-registration of Report & private complaint is disposed of.
Now complainant manage to got Case reregistration of private complaint with all other papers and Report, instead of only Report itself. We have received notice therefore appeared in court. Question Now question is 1) Since private complaint is disposed of as per Order then how complaintant can register the same second time. 2) What will be our future stand to take. 3) Can case for Contempt of court Order be filled against complanent? 4) Matter is at Kolhapur Dist in Maharashtra, where to file? 5) What are other alternatives?
The complainant cannot register a complaint if the FIR in respect of the same facts and incident has been quashed by the High Court. Subsequent proceeding is illegal and against the judgement passed by the supreme Court in T. T.Antony v. State of Kerala 2001 SCC.
Complainant has no power to initiate a second proceeding in the same offence. You should file an application in the High Court under Section 482 of the code of criminal procedure for quashing of FIR.
What happens if I break my girlFriend engagement? My girlfriend is engaged with another person without informing me, now I want to marry her, but she moved on. What I can do in this situation shall I approach the groom to convince.
You have no right to interfere in the engagement ceremony of your ex-girlfriend. Your relationship was consensual. You both were in relation with your free consent. It does not confer upon you a right to claim marriage with her if she doesn't want to marry you.
If you create any chaos you’ll commit an offence and the family of your ex-girlfriend can take appropriate legal action against you. If your ex-girlfriend has cheated you or made false promises of marriage then you can initiate legal action against her.
New khatauni after acquisition of land by the state government is possible. Can State Govt get name of individual changed in Khatauni in case the land has been acquired by the state. Land vests in the state but Compensation has not been paid and possession not taken? On what basis a state/ an authority and with what evidence name is changed in such a case? State Dept Application to Tehsildar must contain some evidence.
After the acquisition the state government becomes the owner of land. Therefore, after the acquisition a new khatauni is prepared by the collector. If there is any mistake in khatauni the collector shall direct the Tehsildar to do correction.
If you did not receive compensation then you should file a representation to the collector and demand the payment of compensation with interest. It is the responsibility of the collector to deposit the amount of compensation in the account of the tenure holder. Failing which you should file a writ petition in the High Court.
In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing troubles.
The investigating officer will not arrest the accused (your family members) in connection with the offence of cruelty. In this situation the investigating officer shall issue a notice under Section 41-A of the code of criminal procedure.
You should comply with that notice and cooperate in the investigation. If the allegation made in the FIR is false then you should move a writ petition before the High Court for quashing of FIR.
In Bhajan Lal case the Supreme Court has held that if the allegation in the FIR holds no field or prima facie no offence is made out against the accused the court has power to quash that frivolous FIR.
Can the bank recover the loan from me if my friend does not pay EMI? My friend is taking a car on a loan. But he is not paid EMI. I am the co-applicant. What to do?
You are a co applicant and co-borrower in that loan. Hence, the bank has the right to recover the loan amount from you if your friend does not pay the EMI.
The liability of co-borrower is equal and to the same extent as the borrower has in respect of loan. Therefore you cannot absolve yourself from that liability. However, you have the right to recover the amount from your friend which you have paid to the bank in discharge of loan.
You are also entitled to receive interest on the amount you paid to the bank on default of payment committed by your friend.
Can I file a complaint against the family court?
You can file a complaint against the sitting subordinate court judge for his misconduct or dishonest conduct in dealing lawsuits. But you must have credible and clinching evidence to prove his misconduct. The procedure is very simple and effective.
If you fail to prove the allegation the court shall take appropriate penal action against you. According to Section 3 of the Judges Protection Act 1985, no court shall entertain or continue any civil or criminal proceeding against a judge either sitting or retired.
But the High Court has power to initiate judicial proceedings against the judge for any criminal act or civil wrong committed in the discharge of duty. Therefore, you should file a complaint to the administrative judge of the High Court.
What to do if my wife is threatening to file a false criminal case against my family members? Wife’s family fights and gives warnings to the whole family. They are planning to file a case to the whole family. They are threatening that you will spend a long time in police chowky. What happens if they file a case? My brother wants his child custody with them only and doesn't want to give big alimony.
You should immediately file a first information report (FIR) for the offence of extortion and criminal intimidation against your wife and her family members.
Don’t wait till the filing of their case against your family members. They have committed an offence of extortion which is punishable under Section 384 & 506 of the Indian Penal Code. Hence, you should lodge the FIR immediately.
So far as child’s custody is concerned, you should file a case under the Guardian and Wards Act. This suit shall be filed in the city where your child is living currently.
My husband died on 9th September 2022. My two sisters-in-law's and mother-in-law are not allowing me to stay in the matrimonial home. They have taken all my husband's belongings and documents under their possession. I have a 10 year old daughter. I have no source of income and nowhere to go. What should I do?
You have the right to reside in your matrimonial home and this right does not cease to exist after the death of your husband. This is a shared household under Section 2(s) of the Domestic Violence Act 2005. Your in-laws have no right to keep you away from the shared household.
Section 19 of the Protection of Women from Domestic Violence Act 2005, protects the rights of wife to residence in her matrimonial home. You had lived in this house with your husband. Hence, this house shall be treated as a shared household.
The expression ‘at any stage has lived’ has been used in Section 2(s) of the DV Act, to protect the women from denying the benefit of the right to live in a shared household. Your in-laws cannot restrict your entry in the matrimonial home that you are currently not living there.
This house is still your shared household as per the judgement of hon'ble Supreme Court passed in Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414.
The court has held that “We, thus, are of the considered opinion that shared household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use or she is temporarily absent.”
In Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 the Supreme Court has held that a wife has the right to reside in her matrimonial home irrespective of the fact that she is not the owner of that house.
You should file a complaint under Section 12 of the DV Act against your in-laws and seek residence order. Your right to residence in the matrimonial home is still in force and your in-laws cannot restrict your entry in this house.
Wife resigned from service to get maximum maintenance under section 125 crpc. Actually the wife is showing huge falls income to get maximum maintenance. Right now I am doing trading business but due to the pandemic I could not earn much. She is showing that my income is 3.5 lakhs per month and also quoting that I am having bulk property, which is totally wrong.
Asked from: Uttar Pradesh
Husband is bound to maintain his wife despite the fact that she can earn. Husband cannot absolve himself from the duty to maintain his wife on the fact that she has left her job. It is not mandatory for the wife to earn for livelihood.
An able-bodied person is duty bound to take care of his parents, children and wife. Therefore, section 125 of the code of criminal procedure casts duty upon the husband to pay alimony. Even a jobless husband is duty bound to maintain his wife.
Maintenance is your duty and you cannot escape merely because your wife resigned from service to get maximum maintenance under section 125 crpc.
The amount of maintenance is decided on several factors. Net income of husband, living standard and status of women in the family of husband play major role in determination of amount of maintenance. But the law also expects that a well-educated wife should not sit idle if she can earn.
Also read: Can pensioner mother claim maintenance from her son?
Bombay and Madhya Pradesh high court have held that a well-educated wife is not entitled for maintenance if having good capacity to earn. In Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, the Madhya Pradesh High Court has held that
A well qualified wife is not entitled to remain as an idle and claim maintenance from her husband.
If your wife is well qualified and possesses a technical degree and sits idle only for getting huge amounts as maintenance then you should oppose and cite the above citation.
Bring the fact in the knowledge of the court that your wife has resigned from service with the intention to get maximum maintenance under section 125 crpc. In these circumstances she is not entitled for alimony. The court shall decide the matter in the light of the observation expressed by the High court.
I want to know whether a husband is bound to maintain his wife to whom he married fraudulently? My husband has solemnised marriage with me by concealing the fact of first marriage. We were working in the same company in Chandigarh. Gradually we started to date each other. Finally we decided to get married.
At the time of marriage I did not know that he was already married. Three years after the marriage I came to know about the truth. Currently I am not working and living separately from my husband, hence, I need financial help from him. Can I claim alimony from him if he has married me without disclosing his first marriage?
Your husband deceived you by hiding the fact that he was already married, making your marriage not legally valid. Therefore, you are not eligible to claim maintenance under the Hindu Marriage Act or the Hindu Adoption and Maintenance Act. However, the provision of Section 125 of the Code of Criminal Procedure (crpc) allows for maintenance to be granted to a wife, legally wedded or deceitfully wedded.
However, Section 125 of the CrPC provides the right to maintenance to wives without considering legal status of marriage. But the Supreme Court has held in cases like Savitaben Somabhai Bhatiya v. State of Gujarat, (2005) 3 SCC 636 and Dwarika Prasad Satpathy v. Bidyut Prava Dixit (1999) 7 SCC 675 that only legally wedded wives are entitled to maintenance under Section 125 CrPC.
The judgments referred to above apply only if the second wife was aware of the first marriage at the time of their marriage. Since you did not know about your husband's first marriage, you are entitled to claim maintenance from him under Section 125 crpc.
However, since your husband cheated you into the marriage, he cannot benefit from his deceitful actions by denying you maintenance. In the case of Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33, the Supreme Court held that although a second marriage during subsistence of the first marriage is illegal, it is not immoral. Therefore, a wife in a bigamous marriage is entitled to maintenance.
Hindu marriages have continued to be bigamous despite the enactment of the Hindu Marriage Act in 1955. The Court had commented that though such marriages are illegal as per the provisions of the Act, they are not “immoral” and hence a financially dependent woman cannot be denied maintenance on this ground.
Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33
The Supreme Court, in the case of Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188, has ruled that a man who marries a second time without informing the lady about his first marriage is obligated to provide alimony for the innocent lady.
Therefore, based on this judgement, your husband is responsible to provide maintenance to you, since he fraudulently married you while concealing the fact of his first marriage. You can apply for maintenance under Section 125 crpc, but make sure to include the following details in your application:
- You were unaware of your husband's first subsisting marriage.
- Your husband intentionally concealed this information from you and married you, making the marriage invalid.
- You are currently living in difficult circumstances and cannot support yourself financially.
