I solemnised marriage with my boyfriend. This is love marriage and against the will of my parents. When my parents knew about it they filed FIR under section 363 IPC against my husband. They are torturing my husband's family for our marriage. We are an adult person and belong to the same religion. How to protect my husband and his family from such a situation.
You have done nothing wrong by solemnising marriage with your consent. An adult person is competent to give valid consent under Section 5 of the Hindu Marriage Act (HMA). Your marriage is valid under HMA. If your parents are unhappy with your marriage they have no right to file a false criminal case.
Take protection order
You should file a writ before the High Court under Article 226 of the Constitution of India. Right to choose a life partner is a fundamental right. You have exercised your fundamental right therefore such interference of your parents is invalid.
The High Court will pass a protection order as such it may direct the local police administration to provide you security from any palpable threats.
Quash this FIR
Your parents have abused the process of law. They have filed a false FIR under section 363 IPC. Such a false FIR should be quashed under section 482 crpc. You should prefer a petition before the High Court under section 482 crpc.
If you (wife) move a quashing petition that her parents have filed a false FIR then the court will quash the FIR. You should mention in the petition that you have solemnised the marriage with your free will and husband did not abduct you. When the court finds that the wife has given her consent for marriage then such an allegation is false and frivolous.
In Lata Singh v. State of U.P., (2006) 5 SCC 475 the Supreme Court has quashed the false fir filed by the parents. The court held that an adult person has a right to solemnise a marriage without the consent of parents. Parents cannot file FIR because marriage is against their wish.
Section 34: Discretion of court as to declaration of status or right
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.—A trustee of property is a “person interested to deny” a title adverse to the title of someone who is not in existence, and for whom, if in existence, he would be a trustee.I want to know the limitation period in cancellation of the sale deed. My uncle has sold my land when I was a minor. He played fraud and dishonestly shown me major in the sale deed. In February 2020 this fact revealed and I came to know that my uncle has sold my land to his daughter. He made a forged sign of mine in the sale deed. I have certified copy of that sale deed. What should I do sir?
As a landowner, it's essential to know your rights and understand the laws surrounding property ownership. Unfortunately, situations may arise where your property is fraudulently sold without your consent or knowledge. In such cases, it's important to know the legal steps you can take to regain ownership of your property.
If you find yourself in a similar situation where your uncle sold your land while you were a minor, you have legal options available to you. In February 2020, you became aware of the fraudulent sale deed, which your uncle had hidden from you for years. This means that you are still in possession of the land, which would have been disclosed earlier if your uncle had not concealed the facts.
As the owner of the land, your uncle had no right to sell it without your consent, even if he was your guardian. The land devolved upon you after your father's death, and you have the right to take legal action to regain ownership.
Your uncle committed a crime by fraudulently selling your property to his daughter. He made a forged signature in the sale deed and declared you as a major, even though you were a minor at the time of sale. This is an offence of cheating, forgery of valuable security, and false impersonation, punishable under the Indian Penal Code (IPC). You can file an FIR against your uncle under sections 419/420/467/468/120B of the IPC.
However, you need to decide whether to initiate criminal proceedings against your uncle. If you choose not to do so, you can still file a civil suit for the cancellation of the fraudulent sale deed. The Indian Limitation Act 1963 provides a three-year limitation period for filing such a civil suit. According to Article 59 of the Limitation Act, the limitation period starts from the date of knowledge of the fraud. Since you became aware of the fraud in February 2020, you have enough time to file a civil suit.
In conclusion, if you are in possession of property that has been fraudulently sold, you have legal rights to regain ownership. You can take criminal or civil legal action depending on your preference, and the Limitation Act provides you with a specific time frame to file a civil suit. It's important to take timely action and seek legal counsel to protect your property rights.
You should file a civil suit in the competent court for cancellation of the sale deed. It is an ancestral property and its sale without your permission is illegal. All the coparceners have vested interest in the ancestral property by birth.
You became the coparcener immediately after father’s death. Being a coparcener you have accrued a right in the property. Therefore, your assent or approval was mandatory for executing a valid sale deed. In this situation, you must prefer a civil suit for the cancellation of this fraudulent sale deed.
Karta can sell the ancestral land
The “Karta” or manager of the joint Hindu family can sell the ancestral land. His power to alienate the ancestral property has some restrictions. He can sell the land for the legal necessity and the benefit of the family. Only male coparcener can discharge the duty of “Karta”. Your grandmother could not perform the duty of “Karta” because she is not a coparcener.
The Supreme Court held in Hirabai v. Ramniwas Bansilal Lakhotiya, (2019) 15 SCC 204 that when the Karta sells the land for legal necessity and benefits of the family, that sale deed is binding on all members of the family. So far as your case is concerned this sale deed is not binding on you.
Your grandmother cannot perform as Karta of the joint Hindu family. Therefore, she could not sell the land and enjoy the sale proceed. Law does not permit this kind of sale. According to section 5 of the Transfer of Property Act, only an owner or a person authorised by the owner can transfer the land.
Consent of co-owner
Every coparcener has joint ownership and joint possession over the ancestral property. Their consent is mandatory for transfer of ancestral property. You are a co-owner of this ancestral property. Being a co-owner your consent was mandatory for executing a sale deed.
Your grandmother did not take your consent while selling that land. Absence of your consent renders the sale deed voidable. You should immediately challenge the veracity of the sale deed. In devoid of such challenge the law will presume that you have given the implied consent.
Cancellation of the sale deed
In the current situation, you can file a civil suit for the cancellation of the sale deed. Your grandmother has transferred the sale proceeds to your aunt. This act proves that the alleged sale was not in the benefits of the family. Contact a good advocate and file a civil suit. There is three years limitation period to bring such a civil suit. The limitation period starts from the date of registration.
पत्नी धारा 125 दंड प्रक्रिया संहिता के अंतर्गत भरण पोषण का दावा कर सकती है यदि वह अपना भरण-पोषण करने में असमर्थ है. जैसा कि आपने कहा है कि आपकी पत्नी शैक्षणिक रूप से सक्षम है तो मात्र इस आधार पर पति भरण पोषण से मुक्त नहीं हो जाता है. यह पति का परम दायित्व है कि वह अपने पत्नी का भरण पोषण करें. विवाह के पश्चात पति ही उसका नैसर्गिक संरक्षक होता है. यदि पति भरण पोषण करने में सक्षम है फिर भी जानबूझकर भरण पोषण करने में उपेक्षा करता है तो पत्नी धारा 125 के अंतर्गत भरण-पोषण की मांग कर सकती है.
यदि पत्नी शैक्षणिक रूप से सक्षम है और कोई नौकरी कर रही है जिससे उसका भरण पोषण हो जा रहा है तो पत्नी को भरण-पोषण की मांग करने का अधिकार नहीं है. आपके मामले में आपकी पत्नी मात्र शैक्षणिक रूप से सक्षम है परंतु वह कोई नौकरी नहीं कर रही है या उसके पास आय का कोई साधन नहीं है. ऐसी स्थिति में आपको भरण-पोषण करना पड़ेगा. यदि पत्नी को पति से अलग रहने का पर्याप्त कारण है तभी वह धारा 125 के अंतर्गत भरण पोषण का मांग कर सकती है.
आपने कहा है कि आपकी पत्नी ने आपके व आपके मां के विरुद्ध घरेलू हिंसा का केस दर्ज किया था जो कि खारिज कर दिया गया है. यदि आपकी पत्नी ने इस आदेश के विरुद्ध कोई कार्यवाही नहीं किया है तो यह प्रदर्शित करता है कि आपकी पत्नी ने आपके विरुद्ध एक झूठा मुकदमा किया था. यदि पत्नी झूठा मुकदमा करती है, पति को परेशान करती है या पत्नी धर्म का पालन नहीं करती तो उसे भरण पोषण का अधिकार नहीं रहता है. पत्नी उसी अवस्था में भरण पोषण का मांग कर सकती है जब वह अपने दायित्वों का पालन करती है परंतु पति पर्याप्त संसाधन होते हुए भी पत्नी का भरण पोषण करने से इनकार करता है.
आप निम्नलिखित परिस्थितियों में भरण-पोषण करने के दायित्व से मुक्त हो जाएंगे. यदि इस मामले में आपके पत्नी की गलती है फिर भी आप अपनी पत्नी को साथ रखने को तैयार हैं तो न्यायालय भरण पोषण का आदेश नहीं करेगा. पत्नी द्वारा झूठा मुकदमा करना एवं अपने मायके चले जाना उसके आचरण को संदिग्ध बनाता है, यह प्रदर्शित करता है कि वह बिना किसी उचित कारण के अपने पति से अलग रह रही है. ऐसी स्थिति में धारा 125(4) के अंतर्गत उसे भरण पोषण मांगने का अधिकार नहीं रह जाता है.
I want correction of name in land records. All the lands devolved upon my father after my grandfather’s death. Some khatauni are bearing the incomplete name of my father. I want to correct those. Kindly advise me what I should do for the same?
You should take certified copies of every khatauni from the collectorate (Collector’s office). Collect evidence which tends to show the full name of your father. Family register, birth certificate, voter identification card, Aadhar card, PAN card etc are valid documents which prove the correct name.
Attach any of the above-said document with the khatauni which is disclosing the incorrect name of your father. If you have no such documents then you should use the correct khatauni as evidence to prove the full name of your father. This evidence itself proves the full name so you can rely upon it for correction of name in the land records.
I have given the procedure to get the correction in khatauni. You should read that advice. The land revenue code provides a procedure to remove mistakes from the revenue records. You have to file a suit for such correction. Contact a local advocate to file such suit in the court of Tehsildar.
Question: Sir my name is Vinay Kumar. I'm from Uttar Pradesh, I want to say that in Khatauni my father's name is correct but accidentally my name is incorrect the name written on Khatauni is Vinod Kumar but the correct name is Vinay Kumar so what should I do to correct the name in khatauni.
You should file an application to the Tehsildar under Section 38 of the Revenue Code for the correction of your name. In that application you should adduce evidence regarding your correct name. You can adduce your PAN card, 10th Marksheet/Certificate or Aadhar Card in support of your correct name.
The Tehsildar shall conduct an inquiry and prepare a report then he'll send that report to the SDM for further proceedings. Based upon that report the SDM shall correct the Khatauni with your correct name. After the correction you should take a certified copy of the Khatauni for your records.
I want information under RTI towards illegal appointment. A person is illegally working in the government sector. If somebody is educationally unqualified and is working illegally in a government sector then how can we expose him through RTI?
The right to information act (RTI) empowers the Indian citizen to access the information under the control of the public authority. You may request from the concerned public authority to provide information regarding the qualification of a particular employee.
The appointment of a person on government post comes under the purview of public information. Therefore, you can access the information related to such an appointment from the concerned department. The concerned authority is obliged under the RTI Act to provide such information.
According to section 7 of the RTI Act, the public information officer of the concerned department shall provide the information within thirty days. If he fails to provide the information within thirty days it deems that he has refused the request.
Illegal appointment
Qualification and experience are the eligibility conditions for the appointment. The appointing authority decides the essential qualification for the appointment of a particular post. Having that qualification at the time of appointment is mandatory for the candidates [Mohd. Sartaj v. State of U.P., (2006) 2 SCC 315]. If the candidate is appointed without having that qualification his appointment will be illegal employment.
According to Article 16 of the Constitution of India:
There shall be equal opportunity for citizens in matters relating to ”employment” or ”appointment to any office” under the State.
Equal opportunity for public employment is a fundamental right. If the government appoints illegible candidate it violates the fundamental right of the citizen under Article 16.
You should take information about the qualification of the appointed person through RTI. Thereafter move a writ petition under Article 226 of the Constitution of India for cancellation of such appointment.
You may ask the concerned department to provide information about the qualification of a particular government servant. Whether he has the qualification essentially required for the post? There is ten rupees fee for seeking information under the RTI. You can pay the fee through Indian Postal Order (IPO) or cash or DD.
The right to information act is applicable in respect of public information. Information regarding public employment comes under the purview of RTI. You should ask from the public information officer of the concerned department to provide information that the particular person has an essential qualification for the particular post.
You should file a petition before the High Court under Article 226 of the Constitution of India for the quashing of FIR. As per your statement, it seems that she has filed a false FIR under section 354 IPC. You said that at the time of the incident you were in a meeting.
This is a relevant and important piece of evidence. It proves that at the time of commission of alleged offence accused was busy in a meeting (plea of alibi) hence, accused was somewhere else at the time of commission of offence.
Plea of alibi
You should take plea of alibi in your defence. If you prove that it was impossible for you to physically present at the place of occurrence at the time when the alleged offence was committed then your plea of alibi shall succeed. When you successfully prove the plea of alibi then the court shall bound to reject the testimony of victim.
In sexual offences the testimony of the victim is a strong piece of evidence. In Sham Singh v. State of Haryana, (2018) 18 SCC 34 the Supreme Court has held that testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.
The FIR must prima facie establish that a cognisable offence has been committed. If the information seems false the court will quash the said FIR in limine. At the time of the alleged offence, you were in a meeting. So this evidence itself proves that the said FIR is false and frivolous because the accused was somewhere else.
Outrage of modesty
Section 354 of the Indian Penal Code makes outrage of modesty is an offence. According to section 354, the accused must apply some criminal force on the victim with the intention to outrage her modesty. These are the essential ingredients of the offence of outrage of modesty:
- Application of criminal force and
- Intention to outrage the modesty of the victim.
In order to prove the said offence physical presence of the accused is mandatory. But at that time you were in a meeting. Hence, this fact rules out the happening of the offence under section 354 IPC.
A false FIR under section 354 IPC
She lodged a false FIR thereby she has committed an offence under section 182 of the Indian Penal Code. According to section 182 IPC giving false information, with intent to cause public servant to use his lawful power is an offence. Hence, you can file a complaint before the Magistrate under section 200 CrPC.
Quashing of FIR
You have evidence to prove that you were not present at the place of occurrence. This is important evidence and it shall disprove the commission of alleged offence. Based on this evidence you can approach the High Court for quashing of this false FIR under section 354 IPC. If the court satisfied that the accused was absent at the place of the incident then it shall quash this false FIR.
Wife claiming divorce on the false ground of impotency. My wife filed a divorce under cruelty and I am impotent, but both grounds are false. What are all the remedy I have, can I sue her for the false allegation, what are all the procedure.
Asked from: West Bengal
Impotency of husband renders the marriage voidable. According to section 12 of the Hindu Marriage Act, this marriage is void. The wife can file a suit for nullity of marriage within one year of marriage. If she came to know the fact after one year then move a suit within one year of disclosure of impotency.
When the wife makes a false claim
The litigant must approach the court with his clean hands. When he seeks relief on false and frivolous grounds the court rejects his case with a heavy cost. Making false allegation is also an offence. She knows the real fact therefore, she has been doing the contempt of court.
Medical examination
In this situation, you should contest her suit and adduce the evidence about your potency. You can also demand a medical examination by a panel of doctors. The court can take expert opinion under Section 45 of the Indian Evidence Act.
Impotency
Impotency is a ground for nullity of marriage under section 12 of the Hindu Marriage Act. Medical and legal impotency are two different things. However, a person is medically potent but would be impotent in respect of a particular person.
Sexual intercourse is an essential element of marriage. It is necessary for begetting a child as well as the satisfaction of sexual desire. If you are not able to have sex with your wife due to physical or psychological sickness then you are an impotent person under Section 12.
Contest the case
You must contest this case if you have evidence to prove that you have sexual competency. It is impossible to prove impotency if the husband is potent. The medical examination will give relevant and definitive evidence about your sexual ability. However, doctor’s opinion is not binding but the court will accept his opinion because medical evidence will rule out the suspicion.
Proceeding for giving a false statement
If you successfully prove that the allegations are false then you should move an application under section 340 of CrPC. Giving or creating false evidence is perjury and court can conduct a trial for that offence. However, the court can take suo-motu cognisance but you should prefer an application under section 340 crpc.
Related: Extra-marital affair a ground of divorce
