Our farm land (1.35 acre) is second bit to the road and 1st bit is government land (13 guntas). We have been passing through government land for past 3 years and the earlier farmer who sold land to us had been passing through that land more than 10 years. Now the village Sarpanch has blocked the road without any survey and legal notice.
Village Sarpanch has no power to block the road because that land has been used as a road for very long time. The general public have accrued an easement in respect of that land. There is no approach road to access your land. In this situation you have the right to access you land through that government land.
You should move an application to the Tehsildar against the illegal act of Sarpanch. Though, it is a government land and Sarpanch has the right to protect each an every government property vested or situated in his village. But, he can exercise this power against the encroachment on the government land. There is no encroachment but it has been used by public from so many years.
Tehsildar will direct the Sarpanch to unblock the road because you have no other way or road to access your field. The Government issues a notice to the person encroaching a government land and that notice is issued by the Tehsildar. Tehsildar issues that notice either upon a report of Lekhpal or a complaint from villagers including Sarpanch. There is no notice issued against you. So, you should approach the concerned Tehsildar for issue a proper order in your case.
File a complaint against the act of Sarpanch
You should immediately make a complaint before the Collector against such an illegal act of Sarpanch. Collector is the custodian of government land. He has the power to restrict arbitrary action of a person in respect of government land. This is an arbitrary action which is illegal in the eyes of law. You have accrued a right of easement in that land because you have been using that land for long time.
My carpenter given Rs. 50,000 to Rs. 60,000 estimation(including material) for construction of modular kitchen, he came first day with two more carpenters and went away by leaving these two carpenters, these both carpenters first done work very faster and within 5 days they done 70% work but in these days our main carpenter did not came at my home to do work we thought he will come later.
But after 5 days they start doing mess with the kitchen, these two carpenters starts spoiling plywood, laminates, adhesive etc. and doing work like they don't know about anything regarding modular kitchen many times in between we calling to our main carpenter but he never spend a single day here, he coming for 30 to 50 min and after listening our complaints against his work he saying don't worry we will sort all the problems but till now instead of solving the problem they spoiled lots of my materials and already took Rs. 30,000 from me, many thing he doing wrong with me which I cant explain here, I have their works time to time video clipping and their video in which I asking about their false work and regarding estimation amount of this work.
Now I just want how can I get my material back from them and money so that I can arrange good carpenter to fix all the mess what they done with us, kindly suggest me which is the right and rapid way to teach a lesson to these culprits so that they not do this thing with any innocent person.
How to recover damages. Your carpenter is an independent contractor. He is liable to compensate each and every damages caused due to his fault. Therefore, you can initiate proper legal proceeding against him. You can file a case before the consumer forum to make good the loss. First you should prepare a report towards real loss you incurred due to his faulty work.
It does not matter that he had employed two distinct carpenter to conduct your work because they were working under his direction and control. Hence, they shall be treated as their agent and he is liable for the loss caused by them. Send him a legal notice before initiating court proceeding.
You can also file a civil suit for damages but it'll consume lot of time and civil suit proceeding is very complex. Thus, you should prefer to lodge a complaint before the consumer forum. It has a summary proceeding and competent to provide complete justice in your case.
My friend is planning to marriage after divorce from his first wife. His wife is also ready for divorce. They have been living separate from five years. My friend is living in USA and his wife in India. He loves a lady who is a citizen of UK. She is a bachelor and working with him in USA. Both are working in the same company. How to contract second marriage?
He can solemnise marriage but after divorce from his first wife. If he contracts marriage in USA without taking divorce from his first wife, he will commit offence of bigamy. However, he is living in USA but the personal law & IPC will also apply on him.
File mutual consent divorce
His wife is also ready for divorce so he should file a suit for mutual consent divorce. Section 13-B of the Hindu Marriage Act provides procedure to get mutual divorce. This is an agreement between the spouses to end their marriage. They can settle their matrimonial disputes and obligations with mutual consent. Free consent of parties are mandatory for mutual consent divorce. That free consent should remain till the decree of the court. If any party withdraws his/her consent then the court will dismiss your case.
Therefore, your friend should talk to his wife and prepare an agreement. That agreement should contain all the terms and conditions regarding matrimonial and legal issues. Custody of child, maintenance, transfer of movable & immovable properties are important issues which should be settled down before filing of divorce case.
Marriage after divorce
Divorce is mandatory to end nuptial knot between the husband and wife. Thereafter, they are free to solemnise their marriage after divorce. They cannot contract marriage before passing of decree of the court. Decree is mandatory because it declares the marital status of spouses. When the court has declared the divorce then they become eligible to contract the remarriage.
Appeal does not allow against the decree of mutual consent. So, parties can solemnise marriage immediately after the decree. If a party files an appeal on the ground of fraud and court admits that appeal then opposite party cannot solemnise his/her marriage. In this condition he should wait till the final decision of the appellate court.
Remarriage
Hindu Marriage Act (HMA) does not bar remarriage after divorce. The provisions of Section 5 of the HMA make it clear that marriage of a divorced Hindu is valid. That section requires no spouse living at the time of marriage. This is one of the essential conditions of a valid Hindu marriage. The legal character and status of wife-husband comes to end after divorce. Therefore, after the divorce they are free to solemnise their marriage.
Second marriage
There is misconception about re-marriage and second marriage. Marriage after dissolution of marriage is called remarriage. This is a valid marriage and does not ensue any legal complication. Whereas, Solemnisation of marriage in subsistence of a valid marriage is called second marriage. It is an offence of bigamy and a punishable act in Indian Penal Code (IPC). Section 494 and in some condition section 495 make bigamy an offence.
I have received a notice under section 128 crpc. My wife filed a maintenance case under section 125 of the code of criminal procedure. The court has passed final order in that case to pay rupees seven thousand per month as a maintenance. This is too high maintenance and beyond my financial capacity. Therefore, I filed a revision before the sessions court but due to COVID I could not appear. Consequently it has be dismissed. Now my wife is approaching the court to implement it order. Yesterday I have received a notice.
Your wife has a order of maintenance so she can approach the court to execute this order. However, your revision application is dismissed in default but you can recall this order. If court satisfies that maintenance order is beyond the financial capacity of husband then it can reduce it.
Notice under section 128 crpc
The court can issues a notice under section 128 crpc for implementation of its order. Merely filing of revision application does not stall the effect of maintenance order. So, you should obey the order of court and pay maintenance to your wife. If maintenance remains unpaid for more than one month then the court may issue a warrant against you. Therefore, you should pay the maintenance forthwith. You can pay it directly in your wife's account or deposit it in the court.
Recall of revision application
You should immediately move an application before the court for recalling of order. The court can recall its order if you show a genuine reason for non-appearance in the court. However, section 362 crpc prohibits the court to alter or review the judgement. But proceeding under section 125 is a quasi criminal nature. Therefore, court can recall its order.
You have genuine reason for non-appearance in the court. Due to COVID cases courts had not been functioning properly. There was apparent fear of COVID infection in attending public places. These are the cogent reason which you can pray to court.
My husband and I have agreed for mutual consent divorce and want to move a petition before the family court. Please guide how to file such a case before the family court.
Asked from: Delhi
Section 13-B of the Hindu Marriage Act 1955 [HMA] provides a remedy to live apart by mutual consent. This is a divorce by the mutual consent of parties without proving the guilt. Section 13 of the HMA provides some grounds of divorce which is based upon the guilt theory. A spouse can get divorce only after proving the guilt of other spouse. If he/she fails to prove the guilt of wife/husband the court will not pass divorce decree. But in mutual consent divorce spouses file divorce petition jointly without alleging the guilt.
Grounds of mutual consent divorce
Spouses must prove in the affidavit that they are living separately for more than one years. They have not been able to live together they have mutually agreed that the marriage should be dissolved. It is mandatory that husband and wife are agreed for mutual consent divorce. Disclosure of above facts are mandatory in the petition for mutual consent divorce. The parties also produce an affidavit along with the divorce petition.
First & Second motion
When the parties present their petition it is called the first motion. The court admits the petition in the first motion and gives at least six months time. If the parties do not withdraw their petition and appear before the court, it is called second motion. In the second mother the court again gives six to eighteen months time. The time period is variable and depends upon circumstances of the case. Court seeks second thought from the parties before getting divorce therefore gives such a time in second motion.
Read also: Expedite case if court gives too long dates
Withdrawal of petition
During the first and second motion either party can withdraw his/her petition by stating that he/she is not agreed for mutual consent divorce. Mutual agreement is the essence of mutual consent divorce. Therefore, free consent of party is mandatory therein. If a party withdraws his/her consent then the court cannot pass decree of mutual consent divorce. In this situation aggrieved party can file regular divorce suit under section 13 of HMA.
Decree of mutual consent divorce
If either or both parties did not withdraw their petition the court will pass divorce decree. The court passes such a decree on the terms and conditions mutually agreed by the parties. Spouses are free to settle their legal rights such as maintenance, possession of movable & immovable properties, custody of child (if any) and other matrimonial rights. If wife has waived her right of maintenance in the divorce petition thereafter, she cannot claim maintenance after decree of divorce.
My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a multinational company. He is a very good and responsible guy. I don't know what is reason for such denial. If I'm true, his parents might pressurised him.
Sir, what to do in this circumstances? I have evidence to prove our marriage. My life is stuck after this incident. I don't know why does my boyfriend not accepting our marriage.
Your marriage is valid because it is solemnised in a temple as per the Hindu rituals and rites. Therefore, your boyfriend cannot refuse it. A valid marriage does not seek acceptance of parties. If one spouse refuses the existence of marriage he is trying to overlook his matrimonial obligation. At the time of marriage the age of bride and bride groom should not be less than eighteen and twenty years respectively. You both are working in a multinational company. This proves that you are sound mind and have attained the age of majority. So, your boyfriend (husband) cannot deny the existence of marriage.
When one spouse did not give his consent then he/she can nullify the marriage through the decree of court. Section 12 Hindu Marriage Act gives some grounds for nullity of marriage. But the provisions of section 12 will not apply in your case because you both were friends and solemnised marriage with your free consent. There is no fraud or concealment of facts from either side.
What to do if your boyfriend does not accepting marriage?
Validity of marriage does not depend upon acceptance or refusal of parties. If marriage is solemnised by performing essential conditions of Hindu marriage, it yields some legal implications. Parties to marriage become husband and wife. Both are under obligation to perform their matrimonial duties.
Your husband is trying to conceal this marriage. He does not know the legal remedies of wife in a valid marriage. You can take legal recourses to protect your marriage as well as marital status. He cannot deny that you are not his wife. You should file a suit for declaration and permanent injunction. Your husband is denying your marital status.
File a declaratory suit for declaration of marriage
You should file a declaratory suit because you possess a legal right. Law confers some legal rights to the wife of a valid marriage. It is undisputed fact that your marriage is valid and you have sufficient evidence to prove it. Therefore, you should plea from the court to declare your legal right and character. Section 34 Specific Relief Act gives such a right for the protection of the legal status. The court will pass a decree in your favour thereafter, your husband deny the marriage.
File a suit for permanent injunction
Permanent injunction suit will prohibit your husband to solemnise another marriage. Your husband may think that he will conceal this marriage thereupon, solemnise another marriage. Thus, permanent injunction will not allow him to do so. You can file both suits simultaneously. Your boyfriend does not accepting marriage for any ulterior motive because there is no reason to deny the marriage. You both were friends, spent lot of time to understand each other. There is free consent in marriage. All these facts prove that either he is in influence of other or have any secret plan.
Sir I want to know how to release wife from her parents custody? I am a Physics teacher and used to give home tuition. During the lockdown I went to teach home tuitions to a girl student at her home. Gradually, we love each other and decided to marry. Her parents were against our marriage, therefore, we solemnised our marriage in a temple. We went to register our marriage but her parents were present at the registrar office. They took my wife and threatened me to keep distance from my wife.
Thereupon, my father in law lodged a FIR against me for kidnapping. My wife's age is twenty years and she is of sound mind. She will not give any statement against me in that case. I want to take my wife back from the custody of her parents. Please help.
Your wife's age is twenty years and she is free to solemnise marriage as per her wish. She does not need consent of her parents before the marriage. Therefore, your marriage is valid under section 5 of the Hindu Marriage Act. A valid marriage confers some rights and liabilities on the husband. Husband becomes the guardian of wife after the marriage. Hence, parents of wife cannot claim guardianship over her daughter.
An adult girl has the right to choose her life partner. Your wife has exercised her right because she is above the ager of eighteen years. Later on, custody of parents against the will of daughter becomes illegal. Therefore, you can prove that she has been in illegal custody.
How to release wife from her parents custody?
The detention of your wife is illegal. You can seek release of your wife from her parent's custody under section 98 of the Code of Criminal Procedure. The District Magistrate has the power to pass an order of immediate restoration of liberty. Therefore, you should file a complaint to the District Magistrate under section 98 crpc. This is the most swift and effective process to release wife from illegal detention of her parents.
Don't file writ petition under Article 226
Article 226 of the Constitution of India vests a special power in the High Court to issue a writ of Habeas Corpus. The High Court issues writ of Habeas Corpus to release a person from illegal detention. This is an extraordinary power of the High Court. The High Court exercises such power against the State or public servant. When a private person wrongfully detains a person, the court does not entertain its writ jurisdiction under Article 226.
Thus, you should not file a writ petition for releasing your wife from her parents custody. In this situation, section 98 impowers the District Magistrate to free a person from illegal detention of private person. However, the Sub-divisional Magistrate and First Class Judicial Magistrate can also exercise such a power under section 98 crpc. You should file a complaint before any of them.
I want protection against the false divorce case because my wife uses it as a tool to harass me. She is trying to teach me a lesson because I have not been fulfilling her wish to live separate from my family. In this condition I have no other option except to face this false divorce case. Sir, please guide how to protect myself from the false divorce case filed by my wife?
Asked from: Madhya Pradesh
How could you say that it is a false divorce case? You must have some evidence to prove that it is a false case. If you have such evidence then you should place all those evidence in written statement. You should not create false evidence in protection against false divorce case. Instead of it, you should adduce all the evidence which you have to prove that it is a false divorce case.
File written statement within time
You should contest the case and file your written statement within time. Don't take unnecessary adjournments because it prolongs the proceeding. Written statement should be exhaustive. In the written statement, you should explain the ill motive of your wife. The court considers the motive for filing a false divorce case. Enmity between husband and wife is relevant fact to prove ill motive. Motive of plaintiff becomes significant in false case.
If plaintiff does not approach the court with clean hands, he cannot get any relief from the court. Therefore, your wife will not get divorce because she filed a false divorce case.
Your wife has to produce evidence
Making allegation is more easier than to prove it beyond all doubts. Section 13 of the Hindu Marriage Act envisages grounds for divorce. These grounds are based upon the guilt theory. The plaintiff is bound to prove each grounds. Thereafter, the court will pass decree of divorce. Therefore, burden of prove your guilt lies upon your wife. So, let her to discharge her burden of prove. If she adduces false evidence in proving your guilt then you should bring the truth before the court.
Protection against false divorce case
You should not file counter case against your wife as a protection against divorce case. Multiplicity of cases will ruin your defence and court will form adverse presumption against you. So, stick with the truth and bring all evidence on the record which tend to disprove the facts alleged in plaint.
Prove ulterior motive for filing false divorce case
The wife has an ulterior or hidden motive behind filing a false divorce case. So, you should prove that motive with relevant evidence. You said that your wife does not want to live with her in laws. Probably it is a reason for filing such a false divorce case.
Counter each allegation with evidence
You should counter each and every allegation with evidence. Evidence may be oral or written but it should be relevant. If you successfully disprove the allegations then the court will dismiss her case. False allegation can not sustain at the stage of trial. When both parties adduce evidence the court will decide which party has proved his case. Thus, you should counter each allegation to which your wife alleged in the plaint.
Related: If spouses are agree file mutual consent divorce
