Our owner made us shift house during this tough time and when we found the new home with and labour to shift with difficulties then she is denying to return our security amount fully [12,000 (security amount)- 570 (Electricity Bill) = 11,430/- final amount] and unnecessarily deducting 15 days rent and some other maintenance charges which are not part of the agreement even.
We tried to communicate with her but she is not cooperating. After that, I and my wife went to the Dwarka Sector-23 police station but they also even after the constable tried explaining her over the phone but she was not cooperating. We are already on salary cut, so please help us to get back our hard-earned money. Recovery of my security deposit from the landlord.
The landlord takes the security money equivalent to the rent of one month for compensation against any damage to his property. It is always refundable and subject to adjustment if any damage incurred in property. The landlord shall refund the security money after deducting the repairing cost.
Landlords cannot deduct the money for the damages which does not incur due to the act of the tenant. Damages caused due to weathering or general wear & tear in the property is not recoverable. Tenants are not responsible to compensate the landlord for such general damages because the landlord is bound to keep the premises in inhabitable condition.
Tenants do not bear the expenses regarding decaying in paining or malfunctioning of fixtures. The landlord is bound to produce details of damages and expenses which may be incurred in its repairing. Without producing such details the landlord cannot forfeit the security deposit.
File a civil suit
You should file a civil suit for the recovery of security deposit and compensation for the mental trauma. It is a civil nature dispute therefore you cannot file FIR or any other criminal proceeding. The landlord has breached the agreement and forcefully forfeited the security deposit.
The rent control act provides an elaborate procedure for the recovery of damages from the tenants. Landlords have no right to treat the tenants arbitrarily. In this situation, the rent control act provides an effective remedy to the tenants. Therefore, you should proceed under the Rent Control Act.
I suspect my husband as well as my mother in law to be hiding some previous affair of my husband before marriage. Everything they tell me is a big lie. Something fraud like mindset they have got. They force me to do things that either I don't like or things that will make an impression of me of a wicked lady.
They keep complaining about me to other people though I don't do any such thing. Seems like they married me just for dowry. And planning to torture me to such an extent that either I am declared mental patient or I would run away or commit suicide. In any case, they will get the advantage of my wrong image which they have created among people.
You can investigate about me from my friends and colleagues. They try to cut me from my friends and family. What should I do in this case? As no one is in my support. My own family tries to suppress me as any kind of court case will bring disgrace to the family. I don't have any proof.
Where should I go? I don't have enough money as well as time. I am 4 months pregnant with complications in pregnancy and they are always trying to kill my baby and planning to kill me or throw me out of their house. Please give me some good advice on what I should do. Police will not help without proof. What will the spy agency do? Any genuine spy agency?
If the concealed fact is so material that you could have not been ready for the marriage then you can nullify your marriage. You could file a suit under section 12 of the Hindu Marriage Act. But the limitation period for filing such a suit has lapsed and it will not give you proper relief.
File a complaint under the DV Act
You should leave this idea and invoke those rights available to a married woman. In this scenario, you should file a complaint under Section 12 of the Domestic Violence Act. You may seek any remedy available under section 18-22 of that Act. The monetary relief, protection order and residence order would be suitable in these circumstances.
The Magistrate has vast power under the DV Act, he can grant you an interim relief at the time of filing of the complaint. You should live in the matrimonial home because you are a legally wedded wife. It is the responsibility of your husband to perform his matrimonial obligation. He cannot neglect you or be bound to live a miserable life.
The protection order will stop any kind of violence in the matrimonial home. The residence order will compel your husband to provide you with a safe and secure accommodation. He is bound to provide such an accommodation in the matrimonial home or any rented house (subject to his financial capacity). You have no source of income and also you are pregnant so the court may direct your husband to pay a monthly allowance under the monetary relief.
Avail the services of the Protection Officer
Your parents are not ready to help you then you can seek the services of a protection officer. The DV Act provides that an aggrieved person can approach the court through the protection officer. The State Government is obliged to appoint a protection officer in each district. That officer will file a complaint on your behalf and he may also do some preliminary inquiry in your case.
You should contact the station in charge of the Mahila Thana. She will provide the services of a protection officer at free of cost.
I had purchased the property eight years back in Lucknow and did the registry in 2013. The builder still is not giving the possession of the land from the last eight years. He is cheating and not willing to transfer the possession of the land. I have a registered sale deed. What can I do in this case?
You should file an FIR against the builder for the offence of cheating. He had no intention to transfer the land at the time of execution of the sale deed. Otherwise, he should have transferred the possession of the land. You have a registered sale deed and this sole evidence is sufficient to launch a criminal proceeding against him.
The builder has dishonestly induced you to pay the price of land to which he never intended to transfer. This is an offence under section 420 of the Indian Penal Code. If he has shown or produced you any fake document to prove his possession or ownership on the land then his act is punishable under section 467/468 of the Indian Penal Code (IPC).
You should immediately file the FIR because you have already delayed it by eight years. If he is a builder or a person doing real estate business then you can also initiate a proceeding against him under the consumer protection act. You can seek a refund of the entire amount with interest and a hefty compensation.
I am a retired public servant. A departmental inquiry was initiated against me when I was in active service. That inquiry was pending and in the meantime, I was retired and facing criminal trial without prosecution sanction. After two years of my retirement, a criminal proceeding has been initiated on the finding of said departmental inquiry. The proceeding is going on without getting sanction under section 19 prevention of corruption act and section 197 crpc. Could I challenge the proceeding in the court?
Section 19 of the Prevention of Corruption Act provides protection to public servants against frivolous and malicious prosecution when they act in the discharge of their public duty. For this reason, Section 19 requires a sanction from the competent authority for the prosecution of a public servant, and the court cannot take cognizance without a valid sanction.
However, the protection of Section 19 is not available to retired public servants, and the court can take cognizance of offenses in their absence. If a retired public servant is facing prosecution, they cannot claim the protection of Section 19, but they can still seek sanction under Section 197 of the Code of Criminal Procedure.
In S.A. Venkataraman v. State, 1958 Cri LJ 254 the Supreme Court laid down that the protection under the provisions concerned would not be available to a public servant after he had demitted his office or retired from service. In State of Punjab v. Labh Singh, (2014) 16 SCC 807; the Supreme Court held that:
The law on the point is quite clear that sanction to prosecute the public servant for the offences under the PC Act is not required if the public servant had already retired on the date of cognizance by the court.”
Section 197 also requires a prosecution sanction for retired public servants, and if the prosecution relates to an act done in the discharge of official duty, the sanction is mandatory. The accused can challenge the proceeding on the grounds that it violates Section 197, has no proper sanction from the competent authority, and that the court cannot take cognizance without proper sanction.
However, the protection of Section 197 is not absolute, and the alleged act must be integrally connected with the public duty of the accused [Shambhoo Nath Misra v. State of U.P., (1997) 5 SCC 326]. If the act was done for personal pleasure or benefit, it will not be protected under Section 197.
If the accused committed the alleged act in the discharge of their official duty, they can file a discharge application under Section 227 of the Code of Criminal Procedure and claim the protection of Section 197. The court cannot proceed without proper sanction, and if the prosecution fails to produce it, the court will drop the proceedings.
Question: Whether sanction is necessary for the prosecution of employee charged with allegations of disproportionate assets while he was in employment. Concerned authority could not passed any order to sanction prosecution as prosecuting agency has not provided records and material collected during investigation. Chargesheet have been filed after retirement without sanction. Therefore in above circumstances should I challenge the chargesheet and trial.
Asked from: Madhya Pradesh
Sanction for prosecution is not necessary in your case. According to the Prevention of Corruption Act, when a charge sheet is filed after the retirement of a public servant for an offence committed under the act, there is no need for sanction to take cognisance.
However, during the public servant's service period, the court cannot take cognisance of the offence without proper sanction from the appropriate authority for prosecution. This condition is lifted when the public servant retires and the court takes cognisance of the offence after retirement. Thus, the court can proceed without the need for sanction for prosecution in your case.
I’m a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently, we were suspended yesterday. Can we fight on this issue?
Asked from: Delhi
You breached the guidelines of the central government issued for containment of COVID 19. The video became viral on social media and the government took disciplinary action against you. That video is the clinching evidence of your conduct so it will be impossible for you to deny the content of that video.
When the government takes a disciplinary proceeding against the employee, it has to follow the rule of natural justice and procedure laid down in the service conduct rule. Whether the department has issued any show cause notice for clarification about the incident? Did the department give you a chance to prove your version against that video?
If there are any procedural lapses then you can challenge the suspension order. First you should give a representation to the concerned competent authority to furnish the
- Evidence
- Statement of witness
- Constitution of inquiry commission or board
- Material available for framing of charges
The department is bound to furnish all the information available on the record. You have a right to claim further clarification and examination of witness before framing of charges against you. The suspension order is a major punishment. Therefore, you have the right to challenge it in the court if there are any procedural flaws.
Related
My boyfriend instigates me to divorce my husband. Therefore, I left my husband’s house at the instigation of my boyfriend. He told me to leave the house of the husband and remarry with him. Thereafter, I willingly left the husband’s house with the self-declaration at the police station that I left it with my free will. The Woman willfully left her husband's house and decided to stay at a relative’s house and later wants to remarry after filing a divorce. Can the husband of the woman file a case against her lover after she left her husband's house?
Your boyfriend has enticed you to leave the matrimonial home and marry him after taking a divorce. When you take divorce from the court then you’ll be free to marry with your consent and free will. The nature and status of marital relationship come to an end after the granting of the divorce decree. Then your husband cannot take any action against you and your boyfriend.
Until the divorce you are the legally married wife and your husband is your legal guardian. The law presumes that you have been living in the custody of your husband. It does not matter that you have been living separately from your husband. Mere planning to marry after taking divorce through legal channels does not constitute any offence.
When you contact your boyfriend or be in any relationship with him then your husband can lodge an FIR against your boyfriend, under section 498 of the Indian Penal Code. Taking away or enticing a married woman for an illicit relationship is an offence under section 498 IPC. However, you are also involved in this crime but the criminal proceeding will be initiated against your boyfriend only. He is the real culprit of the offence punishable under section 498 IPC.
What should you do?
You should not rely on your boyfriend and don’t indulge in his conspiracy. He has the criminal intention, resultantly his act will ruin two families, their dreams and aspirations. You are at the verge where your decision may save or destroy your life. So think about your life and you should keep faith in your husband and this pious nuptial knot.
Marriage is not only a relationship, if your husband is honest, loving and caring then he’ll give you more happiness than your boyfriend. Don’t ruin your present for an uncertain and indeterminate future. Don’t let your boyfriend play your life like chessmen. Why do you believe in a person having such a criminal and nefarious intention?
My husband is a qualified doctor but he has not been practicing for seven years. I have two sons and one daughter. When my husband does not take care of us, can I claim my husband's paternal property? My husband does not own any immovable property. He is a jobless person. My father-in-law is a class one officer and he has a huge property. My husband is the only son so he will get all self acquired and ancestral property after the death of my father in law.
In Hindu family law, a wife does not have any right in the ancestral property of her husband during his lifetime. Only coparceners of the joint Hindu family (Mitakshra) have the right to inherit ancestral property. As a wife is not a coparcener, she cannot claim any right or title over the ancestral property. However, there is a situation in which a wife can accrue rights in the ancestral property of her husband.
When the ancestral property is divided and each coparcener receives their separate share, the ancestral property becomes the self-acquired property of the coparcener. If a coparcener dies intestate, then the wife being the class I heir inherits that property.
When it comes to self-acquired property, a wife does not have any rights during the lifetime of her husband. After the death of the husband, a wife becomes entitled to a share in his self-acquired property. She will receive a share only if her husband died intestate (without making a will). If the husband has made a testamentary will and did not give any property to his wife, then the wife will not receive anything in the self-acquired property of the deceased husband.
As a legally wedded wife, a married woman has many rights despite having no title or interest in the property of her husband and the matrimonial home. She has the right to claim maintenance from her husband if he has sufficient means to maintain her. Even if her husband is not practicing his profession, he cannot evade his responsibility to pay maintenance.
Under Section 125 of the Code of Criminal Procedure (CrPC), a wife can claim maintenance from her husband. The court will presume that the husband has sufficient means to pay maintenance, as he is an able-bodied person. The husband cannot deny maintenance due to unemployment. In this situation, the wife can also claim maintenance for her sons.
Furthermore, a legally wedded wife has the right to reside in the matrimonial home, even if she has no title or right in the property. Section 17 of the Domestic Violence Act, gives a wife the right to reside in the matrimonial home, and her husband cannot evict her from there without following the legal process.
How the daughters get a share in the ancestral property? I am 34 years married daughter, live in Delhi. My ancestral property situates in UP Bagpat. We are 4 brothers & sister and my brother has died in a road accident, now we are three sisters only. As per the govt of India regulations the ancestral property should be divided between us equally. I would like to take my part as well. Please suggest. What is the process for this and how can I claim for this? Need to advise how to take my share from the ancestral property as a daughter.
Daughters have the right in the ancestral property after the amendment in section 6 of the Hindu Succession Act. They got such a right by birth in the ancestral property. When they get the right then they can execute it through the court.
This right is not absolute however, daughter is class one heir along with the son. The said right has been given by the amendment act 2005. There are some conditions for enforcement of this right. If these conditions have happened before 20th day of December 2004 then daughter has no right in the ancestral property.
If the father died before this amendment
In this situation, the daughter cannot claim right in the ancestral property. When the father dies his ancestral property devolves upon his legal heir who survives at his death. If father died before 2005 then the ancestral property has devolved upon his son only because at the time the only son was the coparcener. The daughter was not coparcener before the amendment act. Therefore, the daughter has no right in the ancestral property.
When the father has made a Will
If the father has made a legally valid before his death and settled the property then provisions of the Hindu Succession Act will not apply. In devoid of applicability of that Act, the daughter cannot claim right in the property.
When the father has partitioned the property in his lifetime
If the father has partitioned the ancestral property among the legal heirs then daughter cannot claim therein. Father is the Karta or manager of the ancestral property and has the power to partition. If he has partitioned the ancestral property among the coparceners then the property becomes the self-acquired property.
If the above conditions are not present
In devoid of above-said conditions you have the right to claim your share in the property. If your deceased brother has a legal heir then he shall be entitled to get his share. Otherwise, the whole property will divide into daughters only.
Can I file a case against my bf who promised me to marry and then lied to me by giving family reasons and made conversation or situation along with me in such a way that I attempted to do suicide? Even while fighting on a topic we had some conflict and it tends to break my leg ligament and got fractured, after 3months on bed rest surgery also was going through even still not going through depression and anxiety.
He avoids to talk and also blocked contact his parents so that I can't convey them my emotions and situation. Throughout the year just making me false statement that he is trying to convince his parents for marriage, lied me many times and also stressed in messages by saying my mental situation is not good I am mentally psychic. After all of these, I am consulting a psychiatric from three months and I get many times anxiety attacks. My issue is this thing lay down me with bad physical and mental pain, sleepless night and attempt to suicide because of mental pressure and a fake promise of marriage.
I want justice to make people understand that no one has the right to use any girl and play with her mental situation. Please guide me! My parents are both handicapped and I have been so strong till now but making marriage promises and then faking with me is the hardest thing strong women can take off. I want justice please guide, please.
It infers from the facts of your case that he has made a false promise of marriage and exploited you emotionally and physically. In these conditions, you can file a criminal case against him. He has committed the offence of cheating and grievous hurt.
Your boyfriend had no intention to marry when he promised. He has been avoiding to keep relation with you and making false excuses. These acts prove that he has not been willing to fulfil his promise since the beginning. When he lacks such commitment therefore he has committed the offence of cheating.
He caused you bodily injury and made you live in a traumatic situation. This act also constitutes the offence of grievous hurt. Hence you can also prosecute him for the offence of grievous hurt punishable under section 325 of the India Penal Code. You have to file an FIR against him under section 325, 417 and 109 of the Indian Penal Code.
My boyfriend refused to marry on the emotional blackmailing of his parents
Question: My boyfriend refused to marry on the emotional blackmailing of his parents. Actually my boyfriend promised me that he will definitely marry me, but his parents are emotionally blackmailing him. They said that they will die if he marries me. But now he's also changed his mind to marry another girl as per his parents wishes. I want to marry him with their parents' blessings. But he convinced me that this marriage will not happen due to his parents. I can't live without him. I want to file a case against him and his parents. I want justice, he should marry me. Please help me sir what should I do?
Asked from: Maharashtra
If your boyfriend had never intended to marry you but given a false promise then he has committed an offence of cheating. In your case, he had the intention to marry but later on his parents started to emotionally blackmail him.
Due to the influence of his parents he is not willing to marry but still he is ready to marry if his parents permits. In this situation you cannot file a case against him for the offence of cheating. You should try to convince him and also talk to his parents.
FIR for the offence of cheating
If you think that your boyfriend is telling a lie and he had no intention to marry then you can file an FIR. Giving false promises of marriage and exploiting the girlfriend by playing with her emotions amounts to cheating.
Your boyfriend is an adult person, he has the ability to make decisions without the influence of others. If he had intention to cheat, thereby giving false promise but later on taking a plea that he is not able to fulfil his promise due to pressure from parents. On this false assertion you can lodge a first information report against him.
Question: My bf said that his parents are not ready for marriage before i have a mangal Dosha (girl) but my gf was already knowing about my dosha and still he promised me that he will get married to me now he's giving me his parents excuses that they are not ready I'm so depressed that i tried suicide and I'm getting anxiety attack 3-4 times a day
Asked from: Maharashtra
It's important to remember that your worth is not defined by your astrological chart or any supposed "dosha". Marriage should be based on mutual love, respect, and commitment, rather than superstitions or family expectations.
If your boyfriend is not able to stand up to his parents and make his own decisions, it may be worth reevaluating the relationship. Additionally, it's important to seek professional help to address your anxiety and depression. Suicide is never the answer and there is always help available. Please consider reaching out to a mental health professional or crisis hotline for support.
