Can I file FIR against husband in delhi for bigamy? Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I file FIR against husband in Delhi for bigamy? He is an Indian National and holds Indian Passport.
Yes, you can lodge a complaint instead of the first information report (FIR) in Delhi where you are currently living. However, your marriage was solemnised in the United Arab Emirate (UAE) but the offence is committed by an Indian citizen.
Hence, according to Section 4 of the Indian Penal Code you can prosecute your husband for the offence of bigamy in India. Solemnising second marriage by husband when his wife was living at the time of marriage amounts to bigamy. It is punishable under Section 494 of the Indian Penal Code.
Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 494 IPC
According to Section 198 of the code of criminal procedure, you can lodge a complaint instead of FIR because the crime is relating to the matrimonial offences. Bigamy is an offence punishable under Chapter XX of the IPC.
No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence.
Where the person aggrieved by an offence punishable under section 494 or section 495 of the Indian Penal Code is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father' s or mother' s brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
You should move a complaint to the Metropolitan Magistrate under Section 200 of the code of criminal procedure. You have to produce evidence and details about the previous marriage otherwise the court may reject your complaint.
Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.
Although I have been paying every 1-2 months a lump sum amount. The entire payment was supposed to be cleared by March 21, while till March 21, I paid only 30-40% amount and the rest I have cleared in instalments and cleared the total amount by March 22 (1 Year gap).
I got NOC on 31st March 22. Though I got NOC from the Builder side, I had been reporting my grievances of interest charges on the above-said items for the last 3-4 months through Mails. Also as per the Income-tax clause, on more than 50 Lacs payment, TDS (1% of total amount) to be deducted by the payer and to be paid to the IT,
But every time the Builder sent me notices and asked me to pay the money as per their demand which I obliged and then in the end, I saw that the entire money has been paid to the builder without deducting TDS (1% of total amount).
Now I am reporting my grievances to the builder to refund the interest amount which he took from me on the TDS amount (1% TDS of the total amount) which was supposed to be deducted by me, which I didn't do, I kept doing payment as per Builder demand letter and notices. And the builder charged interest on this 1% TDS (of total amount) amount too, which was supposed to be interest-free.
Now Builder is not listening. Please guide and advise me, whether my concern is genuine and as per Law and whether I can proceed ahead with the RERA complaint filing and Consumer court complaint filing against Builder.
Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.
Although I have been paying every 1-2 months a lump sum amount. The entire payment was supposed to be cleared by March 21, while till March 21, I paid only 30-40% amount and the rest I have cleared in instalments and cleared the total amount by March 22 (1 Year gap).
I got NOC on 31st March 22. Though I got NOC from the Builder side, I had been reporting my grievances of interest charges on the above-said items for the last 3-4 months through Mails. Also as per the Income-tax clause, on more than 50 Lacs payment, TDS (1% of total amount) to be deducted by the payer and to be paid to the IT,
But every time the Builder sent me notices and asked me to pay the money as per their demand which I obliged and then in the end, I saw that the entire money has been paid to the builder without deducting TDS (1% of total amount).
Now I am reporting my grievances to the builder to refund the interest amount which he took from me on the TDS amount (1% TDS of the total amount) which was supposed to be deducted by me, which I didn't do, I kept doing payment as per Builder demand letter and notices. And the builder charged interest on this 1% TDS (of total amount) amount too, which was supposed to be interest-free.
Now Builder is not listening. Please guide and advise me, whether my concern is genuine and as per Law and whether I can proceed ahead with the RERA complaint filing and Consumer court complaint filing against Builder.
The housing society is not doing any business therefore, it cannot claim interest on the late payment of maintenance fee. The society does not comply with the income tax provisions in respect of collection of maintenance fees. It is not a business entity or a corporate body.
The housing society keeps its deposits with cooperative banks. All of the interest on its deposits with the cooperative bank, shall be fully excluded from the income of the housing society.
When the society invests its money or derives any income out of the money it has been receiving from the residents contribution then it has to comply with the Income Tax rules. Then the society is a tax entity under the income tax laws.
The society can collect TDS on salaries to its employees, payment to contractors to carry out construction works or interest on money borrowed. But collection of TDS from residents is illegal it is not a property tax.
You should file a complaint to the Income Tax Commissioner for such an illegal tax collection. It has no right to collect TDS from the member of society.
Can the tehsildar issue a succession certificate? Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?
No, tehsildar cannot issue succession certificate. You have to approach the District Judge's court for the issuance of succession certificate. The tehsildar can issue family register. Family register is different from the succession certificate. It contains the member of family as per the report of lekhpal.
If you want to get a succession certificate you should file a suit in the court of District Judge. He shall issue the succession certificate thereafter you will get maturity amount of your father's policy. A legal heir can approach the court for the issuance of a succession certificate. After receiving the said certificate you can get money from the insurance company.
Can the wife claim residence order in the husband's self acquired property? A wife who has been through domestic violence, left the matrimonial house owned by her widowed mother in law. Can the wife claim residence order in the husband's self acquired property? Her Husband has a self acquired property in the same street of matrimonial house. Can this wife get a residential order in her Husband's self acquired property? Even though she had not lived in the self acquired property as she was living in the matrimonial house which is a shared household.
A person aggrieved of domestic violence can seek residence order. This relief is available in respect of shared households only. Section 2(s) of the D. V. Act, 2005 defines a shared household. It includes two kinds of house within its definition.
Firstly, a household where the person aggrieved has lived or at any stage has lived in a domestic relationship.
Secondly, such a household whether owned or tenanted either jointly by the aggrieved person and the respondent (husband).
Your husband owns a house so you can seek a residence order in respect of his house. It doesn't matter that you haven't been living in that house after the marriage.
You cannot claim such a right in respect of mother in law property when your husband has built his own house. You have an opportunity to shift in your husband’s house.
It is the kindness of your mother in law that she allowed you to live in her home. Because of living in her house you cannot claim residence order as a matter of right [Kuldeep Singh v. Rekha 2019 Cri LJ (NOC) 543].
Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a co-sharing flat. Now he is missing his parents. What steps should I take to help?
Police officers cannot refuse to lodge if the information suggests the commission of the cognisable offence. In the Lalita Kumari case [2014 Cri.L.J. 470] the Supreme Court has held that recording of the first information report is mandatory.
No need to file a complaint instead of an FIR, you should send the copy of information, which you wanted to lodge as an FIR, to the district Superintendent of Police. He has the power to either himself investigate the matter or depute any subordinate officer.
You must have evidence to prove that your boyfriend has been torturing you. Mere oral allegation about act of torture will give him (boyfriend) an opportunity to quash the FIR.
Sir, my wife is living Separately with my child. I have no property in my name. All properties are in the name of my father. I am only paying bills & other expenses because I am living with my parents. When my wife left my house I transferred forty thousand rupees in her account for the general expenses of my son. I don’t want to pay maintenance when my wife is living separately with my son. Should I have to pay maintenance in the dv case? She has filed a case against me.
If your wife has no sufficient reason to live separately she cannot claim maintenance. Section 125(4) specifically bars such a claim when the wife has no good reason to live apart from the husband. Law does not permit a guilty wife to receive maintenance from her husband while she is neglecting to perform her matrimonial obligations.
When wife is not entitled to claim maintenance
No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if:
- She is living in adultery, or
- Without any sufficient reason, she refuses to live with her husband, or
- If they are living separately by mutual consent.
You should move an application under Section 125(4) crpc and pray from the court to dismiss her case. Upon receiving your application the court will seek evidence from your wife to satisfy the court that she has good cause or reason to live separately. If your wife fails to satisfy the court her case will be dismissed.
Sufficient reason for living separately
If she has sufficient reason for living separately then you have to pay maintenance. It does not matter that you have no source of income or do not possess any property. She is claiming share in your property but she has exercising her right i.e. right to maintenance. It is the paramount or utmost responsibility of the husband to maintain his wife and children. You cannot absolve yourself from such a liability.
Recovery of money from elder brother. My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my sister and all such things recorded in the court”. But my brother also stated that he does not have any money to pay for me since he does not have any income and as such, he requested the court to attach his properties but at present in none of the properties he is in possession including house or in agricultural land.
My brother properties consists of ancestors properties of his share received through registered partition from my father and also one of the property which he received from his wife family through “pavati khata'' but not changed into his name through any of the recognized mode of transfer like partition deed or sale deed or gift deed. However, the two sons comes to know that his father has given such above statement in the court to attach properties of their family and as such, they filed partition suit against their father with wrongful allegations (my elder brother) and included all the properties of their family in which we were in process to get attachment from the court to recover our money.
The main reason behind filing a partition suit by my brother and two sons is to create trouble and delay our money recovery case and not to give money for me. Now our case is in execution stage to arrest my brother for recovery of money but since he is my own elder brother I do not want him to send for jail but I am struck with recovery process of our money even though he is ready to give money but his two sons are not allowing for the same through filing unwanted partition suit.
Even though the partition suit is pending for partition among my brother's family, can I attach any one of the property of agricultural land of my brother which he received through partition deed from my father for our money recovery case. 2. Whether such property attachment can be restricted by those two sons of my brother by producing their suit for partition in our court of law in an execution case by claiming that it’s an ancestor’s property and should not be attached till disposal of the partition suit. 3. Or else can we directly get a sale deed/lease agreement for the consideration amount of our case from my brother through court itself with the permission of the court after following due process of law. 4. Please suggest what is the best way to recover our money or get any worth of the property from my brother for my due amount?
Your brother has admitted that he has borrowed money from you. As well as he has asserted that he has to discharge his liability. If he does not discharge his liability the court may attach his property during the execution proceeding.
Section 60 of the Code of Civil Procedure empowers the court to attach lands, houses or other buildings, goods, money, banknotes, checks, bills of exchange, hundis, government securities, bonds or other securities belonging to the judgement debtor or he has disposing power on it.
So far as the ancestral property is concerned, your elder brother received that property when your father partitioned it among his sons. After the partition the nature of ancestral property becomes change and it is now the exclusive property of your elder brother.
Hence, your elder brother can discharge his financial liability by alienating this property. He can utilise the sale proceeds of that property in the payment of debt. Moreover, his sons cannot claim partition of that property as their matter of right because this is the exclusive property of their father. He has the exclusive right in respect of that property.
Therefore the court can attach this property in the execution of decree despite the fact that a partition suit is pending in respect thereto. Let the property be attached in the execution of decree. His sons cannot get a stay order on the basis that a partition suit is pending in respect of the attached property.
Attachment and sale of suit property is the best mode for recovery of debt. Your elder brother has exclusive right over the property which he received from his father after the partition. Hence, he has the unfettered right to sell this property without consent of his sons. A pending partition suit will not create a hurdle in the attachment and sale of that property.
Withdraw criminal case in the absence of accused. Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court notice. now she is ready to take her complaint back but her lawyer is saying it is not possible unless my brother visits the court. So can you please help me understand the process of withdrawal and is it necessary for my brother to go to court as it is far from our location. Thank You.
If the alleged offence is compoundable under Section 320 of the Criminal Procedure Code (crpc) then the court can permit your sister in law to withdraw her case.
There are two kinds of compoundable cases defined in the crpc. One without the consent or leave of the court and another with the leave of the court. In the former condition the presence of the accused is not mandatory at the stage of withdrawal of case.
In the latter situation the court can issue summons to the accused for his personal appearance in the court. The accused should appear in the court in the pursuance of summons.
If the court does not issue summons in the latter situation it deems that the court has dispensed with the personal appearance of the accused. Hence, the appearance of your brother in the court proceeding will be decided on the basis of nature of offence and intention of the court.
Also read: Quashing of non-compoundable case
My sister in law is torturing me on very petty issues. I used to ignore her activities because I want peace in my life. She assaulted me on my first karwa chauth when I was 6 month pregnant and she shouted a lot and asked my husband to call my di and jijaji. She was asking because I was weeping in my room for the whole day fast. They didn’t give me anything to drink or eat..there is some pain in my stomach.
My sister in law came to my room and shouted and cursed me. And I was crying the whole night. In the next morning, I admitted to hospital because of miscarriage. She is very influential and my husband does not listen to a single word against her. Being victimised by such violence I have decided to take appropriate legal action against her. Please explain which action I can take against my sister in law?
You should talk to your husband and tell him to take proper action against the sister for her cruel behaviour. Try to settle this issue amicably because taking legal action at the onset will further disintegrate or destroy the matrimonial relationship with your husband.
Give a chance to your husband and let him try to settle this issue. If he fails to cool down the bitter relationship with you and your sister in law then you should initiate legal proceedings against her.
You should file a complaint against your sister in law under section 12 of the Domestic Violence Act for facing physical and mental abuses in the matrimonial home. Before filing of the complaint you should collect some evidence regarding the acts of physical and mental torture.
If the court satisfies from the complaint then it may issue a summon to the accused or seek a report from the protection officer. In the latter situation, the protection officer will visit your matrimonial home (shared household) and prepare a factual report regarding the violence you are facing there.
If the report of the protection officer satisfies the court that you are aggrieved of domestic violence then the court may pass an interim protection order thereby may impose some restrictions on your sister in law. The court can restrict your sister in law to access a portion of the shared household where you are presently living with your husband.
Society is not allowing me to fix a wall mounted shoe cabinet with the wall. In our building flat owners are cluttering the corridors by keeping their shoes and movable wooden shoe cabinets. I have fitted a small Metal Wall Mounted Folding Show Cabinet on the wall, to keep my corridor clean. Society is not allowing me to fix a wall mounted shoe cabinet with the wall. The backside of the wall is my bedroom. Some flat owners are ordering that nothing can be fitted in the corridor wall, I can only keep movable shoe cabinets. Is this justifiable?
You cannot fix the folding shoe cabinet with the wall because after fixing that cabinet it will become a part of that wall. Therefore it is a permanent attachment with the wall.
The Housing Society does not permit any resident to make any permanent attachment with the wall even after paying any fee thereof. That has not sanctioned by the competent authority in the approved site plan.
Thus the decision of the society is correct and you cannot oppose it. You have no right, as a resident, to make any changes in the permanent structure without permission of the appropriate authority. Without permission from appropriate authority it will be an illegal use of wall.
