Can a daughter be deprived of the share in property in absence of evidence of parents' marriage? I am the daughter of my parents’ second marriage. The son of the first marriage is trying to mutate all properties of my father in his name only. Can a daughter be deprived of the share in property in absence of evidence of parents' marriage? I have no evidence to prove the marriage because my parents had no marriage certificate. My stepbrother takes a plea in the civil suit that I'm an illegitimate child. He said that my father had only one marriage and he was born out of wedlock. Can I claim a share in my father’s property even if I have no evidence of marriage?
According to Section 8 of the Hindu Marriage Act, the marriage between Hindu should be registered. But registration is not mandatory. Moreover, it is not mandatory that a marriage must be proved by the marriage certificate only. If two persons have been living together as husband and wife the law presumes in favour of marriage instead of concubinage.
So, you can prove the marriage of your parents by placing evidence other than marriage certificate. You can prove yourself as a legitimate child by producing school certificate, bank documents, government identity proof and any other document which tends to prove that you are the daughter of your parents.
In Badri Prasad v. Dy. Director of Consolidation and Others [AIR 1978 SC 1557] it was held by the Supreme Court that a strong presumption arises in favour of wedlock where two partners have lived together for long spells as husband and wife.
In S. P. S. Balasubramanyam v. Suruttayan alias Andali Padayachiand others [AIR 1994 SC 133] the Supreme Court has held that:
What has been settled by this Court is that if a man and woman live together for long years as husband and wife then a presumption arises in law of legality of marriage existing between the two.
Thus, you should produce evidence like voter card, bank passbook, aadhar card, service book to prove that your parents are husband and wife. You can also produce your birth certificate, school leaving certificate, educational records which are bearing your parents name.
The court shall admit these documents in order to prove that you are a legitimate child. Oral evidence of your father’s friends, relatives and other persons who have known to your parents that you are a legitimate child, is also a relevant and admissible evidence under Section 114 of the Indian Evidence Act.
Therefore, it is not necessary to rely only on the marriage certificate to prove the valid marriage. Other documentary and circumstantial evidence can prove the marriage. So, you should consult with your advocate and produce some documents which tend to prove that you are a legitimate child.
My marriage was solemnised in 2009 with my husband XXX. A male child was born in 2011. We have been living in Delhi since the birth of our child. My husband is working in a multinational company. In February 2022 he was transferred to the Bangalore office. Recently I received a legal notice from my husband to vacate his flat within seven days from receiving the notice.
He said in the notice that I am not his wife because he had solemnised a marriage in 2004 with another woman. Since, I am not a legally wedded wife hence, he is trying to drive me out from his house. Actually he was in a love affair with that woman but concealed that fact at the time of our marriage.
I have evidence to prove that our marriage was solemnised as per the Hindu rites and rituals. Members of both families were present at my marriage. He also sent a marriage certificate dated 12-02-2019 in which date of marriage has not been mentioned. I think that it is a forged certificate because that marriage, as he claimed, is solemnised in the USA under the special marriage act.
Since, he has the opportunity to live with her in Bangalore therefore, he is doing so at the behest of that woman. In this circumstance what action can I take against him? Can I claim maintenance?
Asked from: Delhi
That marriage was solemnised in any other form but your husband is declaring that it has been solemnised under the Special Marriage Act. The formalities as required by the Special Marriage Act have not been performed. Your husband has no evidence to prove that marriage actually took place in the USA.
The marriage certificate under Section 16 of the Special Marriage Act by itself does not prove that the marriage was solemnised in the form as declared by the parties. It only proves the existence of marriage. But in devoid of date and ceremony of marriage it (marriage certificate) has no legal force.
Your husband has been cheating his second wife because she is not legally married. That marriage has no legal sanctity. He has solemnised marriage as per the Hindu rites and rituals as well he did not perform the essential formalities for a valid marriage under the Special Marriage Act.
In this scenario you should not vacate his house because you are still his legally wedded wife. You can claim maintenance because he is bound to maintain his wife and child. Thus, you can file an application under Section 125 crpc for the alimony.
One of my male faculty and his lady student developed a friendly relation and exchanged WhatApp chat for the last one year on all issues, decent/indecent, appropriate/inappropriate everything. She shares her family picture and one or two DPs on demand. The girl student (adult) never raised any objection to any messages of the faculty, never blocked his cell no and never complained to the highest authority of the college and always reciprocated.
Always praised him as a good professor, good person in an open forum in presence of other faculty. Even on New Year and on festive occasions wished him with good health, happiness and prosperity. Last one year was pandemic time and all exams of the university were held in offline mode. She did not face any problem to pass the exams. Now the university decided to take the exam in offline mode and from then on this particular lady started using bad mouthing against the professor.
Professor blocked her WhatApp account in his cell. Thereby this lady student placed a complaint before the highest authority of the university along with screenshots of several exchanges. In her complaint she categorically mentioned that as she denied proposals of the concerned faculty so HE blocked her account and therefore she is not getting any help from him in studies. She prayed to replace the faculty from the particular subject.
Although in her complaint she never mentioned the word HARASSMENT or SEXUAL HARASSMENT. On receipt of the complaint Secretary of my college (Administrative head) referred the matter to “Sexual harassment enquiry committee (ICC)” of the college and presiding officer of the committee called both the professor and the student in a committee meeting hurriedly arranged without giving official notice.
Professor was neither called officially to appear before the committee members nor given any charge sheet. Copies of screenshots were distributed, by the presiding officer, to committee members through WhatApp (most probably as per instruction of the Secretary). As a result all these went viral. Further the Secretary conducted several close door meetings on the issue with many non-committee members and thereby there is now full Breach of Security to sensitive information.
The concerned faculty and the student both appeared before the committee. But the professor was not allowed to cross examine the lady student. After “ICC” Secretary of the institute from the concerned committee member and is now giving tremendous pressure to all to write the minutes of the meeting in such a way so that the concerned faculty could be defamed with sexual harassment.
Although in meeting the concerned student categorically mentioned that she never put any sexual harassment complaint. I, as Academic Head, immediately replaced the faculty from assignments of the class where this lady is a student. My question is 1) Are there any remedies for the professor? 2) What action could be taken against the Secretary & Presiding officer for facilitating Breach of security of sensitive information?
The main complaint of that lady was related to not getting any help from the faculty in respect of her studies. However, she was shared some screenshots of whatsapp messages but she never complained about the sexual harassment against the faculty.
In this situation the whole inquiry conducted by the sexual harassment inquiry commettee is erroneous. The screenshots annexed with the complaint became viral due to sheer negligence and mishandling of the case by the inquiry committee. Consequently the viral messages has harmed the reputation of the faculty.
In devoid of allegations regarding the sexual harassment, the inquiry held by the sexual harassment inquiry committee also harmed the reputation of that faculty.
In these circumstances the faculty can initiate proceedings against the responsible authority for his defamation. He can file a civil suit for the compensation in lieu of harm to his reputation.
The admission of complainant (lady student) that there was no sexual harassment from the alleged faculty (professor) and lack of allegation about the sexual harassment in her complaint are clinching evidence to prove the innocence of faculty so far as relates to sexual harassment. Thus the professor can file a civil suit on the basis of this evidence.
So far as dissemination of sensitive information is concerned, the Secretary & Presiding officer are responsible thereof. The complainant (lady student) and professor both have an option to initiate legal action.
The lady student can lodge an FIR under Section 66E/67/67A of the Information Technology Act, and under Section 506/509 of the Indian Penal Code for criminal intimidation and insulting her modesty.
In Justice K. S. Puttaswamy (Retd.) and Anr. V. Union of India and Others [AIR 2017 SC 4161] the Supreme Court has held that sharing any content that would be a breach to the privacy of a person, therefore, would also be violating Article 21 of the Constitution of India.
Therefore the lady student and professor can approach the High Court under Article 226 of the constitution for the breach of their fundamental right (right to privacy) and seek compensation for such a breach.
Can the department terminate my service due to non-disclosure of a compromised case at the time of joining? I was working as a technical officer in the BHEL. At the time of appointment I did not disclose the criminal case which was compounded after the compromise between the parties. Can the department terminate my service due to non-disclosure of a compromised case at the time of joining? That FIR was lodged under Section 323, 504, 506 IPC. Actually there was a dispute in respect of agricultural land.
We are the owners of five bigha land where a national highway is going through. The owner of adjoining land was demanding a passage from our land. He wanted to open a restaurant but due to narry access his plan was not materialising. Then he lodged an FIR against us. In that FIR the investigating officer never arrested us and also did not file a charge sheet.
We also filed a cross case against them. Then we approach the court and submit a compromise deed. Thereafter the court had compounded the case. At the time of joining I thought that I should avoid mentioning that false and frivolous case in the form.
Therefore, I did not mention the information of that criminal case in the joining form. Now the BHEL has terminated my service upon receiving a complaint that I have concealed material fact. BHEL did not issue a notice and did not provide me an opportunity of hearing. What should I do?
All the offences mentioned in that first information report (FIR) are trivial in nature. The case was compromised at the initial stage. There was no arrest of the accused.
Concealing the information about this case does not affect the efficiency and suitability of the employee. Hence, the department should have overlooked this case.
You should move a representation before the appointing authority to reconsider its decision to terminate your service. If you get no response or the department rejects your representation then you should file a writ petition before the High Court. However, in Avtar Singh v. Union of India and Ors. AIR 2016 SC 3598; the Supreme Court has held that
Once verification form requires certain information to be furnished, declarant is duty bound to furnish it correctly and any suppression of material facts or submitting false information, may by itself lead to termination of his services or cancellation of candidature.
But in your case, the nature of offence is trivial and that criminal case came to end before the joining of service. If the department weighs this case it will not affect your sincerity, conduct, efficiency and suitability.
Hence, concealment of that information is not “material” in your case. The High Court may quash the termination order.
Can the department suspend me on the basis of a false FIR? I am an upper division assistant in the government department. Can the department suspend me on the basis of a false FIR and charge sheet? When I was at my friend's marriage ceremony. Some friends were also present in that ceremony. When we were returning from the venue of marriage my car had an accident with a cow. Then hit a person who was drunk and coming on the wrong side. He died immediately on the spot. One of my friends was driving the car.
The local police lodged an FIR and filed a charge sheet. He did not examine any witness of the incident but stated in the charge sheet that the deceased was in a state of intoxication and going on the wrong side. The department has initiated a departmental inquiry against me immediately after FIR and suspended me after filing of charge sheet. Can the department suspend me on the basis of a false FIR?
Asked from: Uttar Pradesh
Criminal proceedings and departmental inquiry both are entirely different. The purpose of criminal proceedings is to inflict appropriate punishment as per the penal laws. But in the departmental inquiry the purpose is to maintain discipline in the service.
The result of the criminal case does not affect the finding of departmental inquiry. Hence, the department is bound to conduct a preliminary inquiry before imposing any punishment. It should not entirely depend upon the corollary of a criminal case.
Thus, your suspension is illegal and against the settled principles of law. The suspension or termination must be made after following the procedure given in the service rule.
The Supreme Court in State of Rajasthan v. B.K.Meena and Others (1996) 6 SCC 417 held that In certain situations, it may not be 'desirable', 'advisable', or 'appropriate' to proceed with the disciplinary enquiry when a criminal case is pending on identical charges.
Where the charges are the same in the criminal and departmental proceeding, the department should stay its proceedings till the framing of charges against you in the criminal case.
In the criminal case the court has not framed charges against you. It means the court has not taken any decision on the finding of the investigation. You have a right to file a discharge petition against the charge sheet or file a quashing petition in the High Court.
You can challenge the suspension order in the High Court. File a writ petition under Article 226 of the constitution. Seek a certiorari writ for quashing of suspension order because it has been made without conducting preliminary inquiry.
Simultaneously, you should file a quashing petition under Section 482 crpc for quashing the charge sheet. These are the anomalies or peculiarities in the charge sheet:
- There is no witness of incident
- The FIR is hearsay
- Charge sheet has submitted without recording the statement of ocular witness
- Charge sheet itself indicates that deceased was on wrong side thus he was also negligent
- There no evidence that who was driving the car
- You had no criminal intention to kill that man
- In the criminal proceeding accused cannot be punished on the vicarious liability
- There was no mens rea hence accusation cannot be vicariously shifted on you
The High Court may quash the charge sheet because it has been submitted without having credible evidence. In absence of incriminating evidence the High Court may quash the baseless and bald criminal proceeding under Section 482 crpc. Upon quashing the charge sheet the High Court may also quash the suspension order.
Related: Government employee suspended because he is living with another woman
Where to file a case when an armed forces officer is illegally dismissed from the service? My younger brother is an officer in the armed forces. He was detailed in the ground duty where some miscreants came in the camp and fought with the jawans. The incident happened when my younger brother had detained a local person for carrying illegal weapon made in Pakistan. That local person was very influential and a lot of people assembled and came to the camp.
There was no adequate arrangement for tackling this kind of incident. Hence, my brother ordered the jawans to fire on the mob. Resultantly five people died. The chief took the cognisance of this incident and dismissed my brother from his service and sentenced him to jail for two years. I want to challenge this order. Where should I file the case?
You should file a case (OA- original application) before the Armed Forces Tribunal. The tribunal has the jurisdiction to adjudicate all disputes of officers working in armed forces.
In L. Chandra Kumar v. Union of India (1997) 3 SCC 261; the hon’ble Supreme Court has held that statutory redressal mechanism cannot be aborted.
The Armed Forces Tribunal is the Court of first instance to adjudicate service disputes of officers working in armed forces. Hence, you should exhaust the remedy provided under the Armed Forces Tribunal Act 2007.
You cannot file a case directly before the High Court to exercise its writ jurisdiction. Article 226 of the constitution vests writ jurisdiction in the High Court. If you want to challenge the decision of the chief you should file an OA before the tribunal instead of the High Court.
In absence of the Armed Forces Tribunal ( statutory redressal mechanism) you can move a writ petition directly before the High Court.
Can a married daughter get a compassionate appointment after the death of father? I am the only child of my deceased father. My father was an engineer in the public works department. He died during his service and he had no other child. I am twenty nine years old and I am a postgraduate. My husband is a teacher in a private school and is giving private tuition. He is also a postgraduate in economics. We have two children. In this scenario can a married daughter get a compassionate appointment after the death of father?
You are entitled to get a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974. Article 16 of the constitution of India provides equality of opportunity in respect of government service. But the compassionate appointment does not come under the purview of public appointment.
Compassionate appointment
Compassionate appointment serves a social purpose i.e. to provide ameliorative relief to the family of a government servant who has died in harness.
In Union of India v. Shashank Goswami and another, AIR 2012 SC 2294 the Hon’ble Supreme Court has observed that the compassionate appointment cannot be claimed as a matter of right.
Your mother is dependent upon you because her financial condition became weak after the death of her husband. In this condition you, as a child, can extend the financial support to your mother. You are also facing financial hardship. In this circumstance you are entitled to get a compassionate appointment.
There is no difference between a son and married daughter in respect of granting compassionate appointments. In Isha Tyagi vs. State of U.P [2014] the Allahabad High Court has held that
If the marital status of a son does not make any difference in law to his entitlement or to his eligibility as a descendant, equally in our view, the marital status of a daughter should in terms of constitutional values make no difference.
In Smt. Vimla Srivastava vs State Of U.P. And Another [2015] the Allahabad High Court has held that a married daughter is also entitled to get compassionate appointment because she comes under the meaning of “family” under n Rule 2 (c) of the Dying-in-Harness Rules 1974.
You should file a writ petition before the High Court under article 226 of the constitution of India. In that writ petition you should seek a direction from the High Court for providing you the benefit of compassionate appointment.
Wife is living with her parents and not coming back to her matrimonial home. Father-in-law mentioned that he wants to take my wife for 4 days. Wife left home and has been living with parents for the past 2 months. Avoiding all contacts and conversations, even family members too not willing to talk. Wife is living with her parents and not coming back to her matrimonial home. What could I do?
To retrieve your wife, you may need to visit your in-laws' residence. However, if she refuses to return to your marital home and indicates her preference to stay with her parents, you may need to initiate legal action by filing a civil suit for the restitution of conjugal rights.
Under Section 9 of the Hindu Marriage Act, you can bring a claim for the restitution of conjugal rights. It is necessary to prove that your wife has withdrawn from the relationship and is unwilling to resume the marriage.
It is not mandatory to issue a legal notice in cases of matrimonial discord. Rather, you may choose to exercise your legal rights as per the statutory laws. Section 9 of the Hindu Marriage Act provides a recourse for the aggrieved spouse whose partner has unjustifiably separated from them.
Can I divorce my wife if our marriage is not consummated? I got married on Jan 27, 2022 and my marriage has not been consummated yet. Thus I have not had any emotional bonding with my wife till now after marriage and she is very secretive and hides many things and she asked for time to get intimate. I do not have any peace of mind as I do not believe her and there is no trust in this relationship and so I want to put an end to this relationship. How do I go about this without inviting any complications?
In the present scenario you cannot divorce your wife. It is not clear which fact she is trying to conceal. Whether that fact is material to the consent for marriage. Section 12 of the Hindu Marriage Act provides some grounds for nullity of marriage.
Fraud, coercion, concealing material facts relating to the marriage which may affect the consent of the party are few grounds which render the marriage voidable.
If any of these facts is existing in your case then you can file a suit under Section 12 for the nullity of marriage. Your marriage is not consummate yet, hence, you can file the above suit.
You cannot file divorce case within one year of marriage unless any exceptional hardship exists. Your wife is not performing her matrimonial obligation i.e. no sexual intercourse since marriage. However it is a mental cruelty but it does not form an exceptional hardship for you.
You should consult a marriage counsellor or psychiatrist to find out reason behind the sexual indifferences. If it is a mental disease which is incurable then you can annul your marriage. The disease must be incurable and it is also important that she has been ailing from that disease before the marriage.
