I am living separately because my husband has left me. One year has gone, but my husband doesn’t want to give alimony or bear my expenses. He is using my ATM also for his purpose as well as demanding dowry from me. What could I do?
First of all, you should block your ATM and file an FIR against him for the offence of dishonest misappropriation of property and criminal breach of trust. You may lodge an FIR under section 403 and 406 of the Indian Penal Code (IPC). He has no right to withdraw money through your ATM. If he did so without your consent, then he has committed the offence of dishonest misappropriation of property and criminal breach of trust.
You have the right to get alimony from your husband. It does not matter that he is willing to give maintenance or not. Section 125 of the Code Of Criminal Procedure (crpc) mandates that if the wife is living under destitution and her husband refuses or neglects to maintain her, then she has the right to claim maintenance.
You may file an application before the first class magistrate under section 125 crpc for maintenance. Your husband has left you. Hence, you have sufficient reason to live separately. If the wife has sufficient reason to live separate, then the husband cannot refuse to maintain her. He cannot compel his wife to live a miserable life.
You can also initiate a legal proceeding against him if you have enough evidence to prove that he has demanded dowry. Demand or dowry is a punishable act under the Dowry Prohibition Act. It does not matter that he demanded dowry after solemnisation of marriage. He committed an offence under section 498 A IPC if he committed any cruelty in respect to the fulfilment of demand of dowry.
My mother was eligible for her father’s ancestral property accordingly to THE HINDU SUCCESSION (ANDHRA PRADESH AMENDMENT) ACT 1985. She got married after the amended Act. She didn’t fight for her rights when her brothers sold the property after my grandfather’s death in 1994. She did not sign on the sale deed. Can she go to court for her right today? Will the limitations act affect her rights? Is the sale deed valid?
As per section 29A of the amendment Act, daughters have equal rights in ancestral property as sons. Upon the death of the father, all coparceners are entitled to a share in the ancestral property. Your mother was included as a coparcener under the amendment Act of 1986.
It was not mentioned earlier that your uncle had sold the property without your mother's consent. The limitation period for challenging the sale begins either from the execution of the sale deed or from the date of knowledge of the sale. Your mother had the right to claim partition after her father's death but did not exercise it.
In the case of State of Andhra Pradesh v. Nalamati Dorayya and others (2014) 3 ALD 720, the Hyderabad High Court held that unmarried daughters are entitled to an equal share in the ancestral property as major sons under the A.P Amendment Act No. 13 of 1986 to the Hindu Succession Act, 1956.
According to Article 59 of the Limitation Act, there is a three-year limitation period for canceling a sale deed. If the civil suit is filed within this period, it will be considered. However, if there is a delay in filing the suit, it can be condoned under section 5 of the Limitation Act if there is a genuine reason for the delay.
As your mother has a right to the property, her consent was necessary for a valid sale deed. Without her signature, the sale deed is invalid, therefore, a civil suit can be filed to cancel the sale deed.
I retired from CWC, a Central Public Sector Unit; In pursuance of the Supreme Court Judgement dated 3-5-1990, employees drawing CDA Pattern pay Scales were to be switched over to IDA Pattern Pay Scales w.e.f. 1-1-1989 after calling for options.
In respect of certain Central Public Sector Units like CWC, FCI, Government of India, did not follow that direction arbitrarily. FCI Officers approached Supreme Court, and as a result, thereof the FCI were issued directives to allow such switching and call for options within six months.
Such a decision was taken after a Contempt of Court petition filed by FCI Officers. Whereas CWC Officers did not approach Supreme Court; But it was incumbent upon CWC to have implemented the said directives of CWC; Had such an option been called for I could have opted for IDA pattern pay scales w.e.f. 1-1-1989; I took voluntary retirement from CWC on 31-3-1994;
I had approached CWC management to accept my option to switch over from CDA pattern pay scales to IDA pattern pay Scales w.e.f. 1-1-1989 and grant all arrears and consequential benefits therefrom.
When Hon’ble Supreme Court gave directives, can such facility of option be denied by the Department of Public Enterprises ARBITRARILY? When FCI extended such facility against a contempt of Court petition filed by FCI Officers, why DPE did not issue a circular extending similar benefits to the Officers of other CPSUs arbitrarily? The funny part is that both the CPSUs are under the Ministry of Food and Public Distribution. Please clarify the position.
The Hon’ble Supreme Court has directed Central Public Sector Units by its judgment/order dated 03-05-1990 to provide its employee an option to choose Industrial Dearness Allowance (IDA) instead of Central Dearness Allowance (CDA).
As per the question, the said judgment/order dated 03-05-1990 is still in force. It is still valid and enforceable. However, the employees of Food Corporation of India have implemented the said judgment by filing a contempt petition. Moreover, the employees of CWC refrained themselves from filing any contempt petition.
But it did not change any factual position of the beneficiaries. They are still standing on the same footing as they are on the date of judgment. Be that as it may, the legal implication of the said judgment is the same as it was on the time of judgment.
It is good that you have opted the choice to get IDA based payscale in pursuance of the said judgment. It is another matter that you never received that benefits along with consequential benefits.
In the meantime, you have retired from the service. As per the judgment, you are the beneficiaries and accrued the right on 03-05-1990 to opt IDA based pay scale. Hence, your retirement does not change the intrinsic position of beneficiaries. Furthermore, you are still entitled to get IDA based pay scale.
If the FCI has implemented the order dated 03-05-1990 and other CPSUs have never challenged the validity of that judgment/order, then CPSUs are bound to implement the decision rendered by the Supreme Court in the letter and spirit.
The limitation period for contempt of court has elapsed. Therefore, the contempt petition is not tenable. You may file a Writ Petition before the Supreme Court under Article 32 of the Constitution of India. You may seek a direction in the nature of mandamus from the Supreme Court, to direct the CWC to implement the said judgment.
When the CWC has never challenged the validity of the said judgment, then it’ll have no ground in defence for stalling the benefits of judgment from such a long period. You are entitled to avail a fundamental right, i.e. right to equality enshrined in Article 14 of the Constitution of India. If the same benefits have been granted to the employees of FCI, then as per Article 14, you are also entitled to receive it.
If the judgment dated 03-05-1990 was equally applicable to the employees of CPSUs, then CWC cannot make arbitrary classification and debar its employee from receiving that benefits. You may contact a good lawyer of Supreme Court and file a writ petition as soon as possible because time is running very fast in your case.
I have a relationship with my boyfriend for two years; recently, I came to know that he is going to marry another girl. I quarrelled with him, but he is saying that you don’t have status and beauty how I can marry you? However, we had a physical relationship for that also am having proofs, but now he left me and ready to marry another girl. I trusted him a lot and got miscarriage due to him now he is changing his words. I don’t know what to do, but I have the solid proof, and also he is saying that I am a horrible girl. I can’t digest all these things I fed up physically mentally too.
You can prosecute him for the offence of cheating and rape. He has committed the crime of rape because he made a false promise of marriage. He took your consent for sexual intercourse by a deceitful act. You have given consent to establish a physical relationship because you have faith upon him.
Section 375 of the Indian Penal Code (IPC) defines the offence of rape. As per section 375 IPC, sexual intercourse by a man with a woman without her consent will constitute the offence of rape. Where the consent is obtained by the misconception of fact, it constitutes the offence of rape.
In Deepak Gulati v. State of Haryana, (2013) 7 SCC 675, the Supreme Court holds that obtaining consent on the false promise of marriage amounts to the misconception of fact. Sexual intercourse on such misconception of fact constitutes the offence of cheating and rape.
In State of U.P. v. Naushad, (2013) 16 SCC 651, the Supreme Court decides that: In the present case, the accused had sexual intercourse with the prosecutrix by giving false assurance to the prosecutrix that he would marry her. After she got pregnant, he refused to do so. From this, it is evident that he never intended to marry her and procured her consent only for the reason of having sexual relations with her, which act of the accused falls squarely under the definition of rape as he had sexual intercourse with her consent which was consent obtained under a misconception of fact as defined under Section 90 IPC.
In Yedla Srinivasa Rao v. State of A.P. (2006) 11 SCC 615, the Supreme Court holds the accused guilty of rape because he obtained the consent of prosecutrix by the false promise of marriage.
Your boyfriend was not honest right from the beginning of relationship. He never intended to marry with you, he only wants to satisfy his lust by making false promise of marriage. Therefore, he committed the offence of rape.
Hence, you may lodge an FIR under section 376 for the offence of rape. There is no limitation period for filing of FIR for the offence punishable with imprisonment of more than three years. If the police officer refuses to file your FIR, you may proceed with the Superintendent of Police under section 154(2) of the code of criminal procedure (crpc).
A police officer cannot refuse to register the FIR because the recording of FIR is mandatory under section 154 of the crpc.
I worked for an MNC company as a Manager. Despite my good performances, my corrupt seniors 1st put me on the bench (no work) for an extended period as I refused to join their evil plans, denied me an assignment and then I was terminated as I refused to submit resignation/separation letter.
I have a number of proofs of my work appreciation, requesting for assignment etc. My seniors and other senior leaders, it has come to my knowledge through ex-colleagues and social media, were caught by the company for massive fraud/corruption and have since been released by the company but no criminal action initiated against them.
I am 48 yrs and owing to very bad termination, no one in the IT industry is employing me. For sure, I will be now jobless forever. I would like to file law-suit including for job loss for rest of life, wrongful termination, a number of lies made by ex-employer (proofs), wrong treatment, stigma, mental agony and sufferings.
I worked in Bengaluru (company office) but I am a native of Haryana. as I am jobless for 1-1/2 yrs and zero hope of finding another job, I have no other option but to return to my native place, so can I file law-suit in Haryana?
I would like to file compensation worth Rs 1 crore. What fees do I have to deposit in advance in Bengaluru or Gurgaon?
You have terminated because you did not submit the resignation letter. It is indeed an illegal ground of termination. Your senior officer should have followed the principle of natural justice while terminating you from the post. You have the right to hear (defend yourself) at the time of termination from the job. Your senior officer did not give you a chance to explain your stand regarding termination. It is squarely a breach of the principle of natural justice.
You may challenge the resignation by filing a civil suit. A work agreement is a contract. In the case of breach of contract, the guilty party is liable to compensate the victim party. You are a victim or sufferer of the contract. Therefore, you have the right to claim compensation and reinstatement in the company. You have to prove that termination order is illegal, arbitrary and against the principle of law.
The employer has no right to terminate the employee on any ground. He has to prove the guilt of the employee or breach of any clause of work agreement. You have the right to receive a notice regarding the violation of work agreement along with adequate time to file its reply. If the employer deliberately unfollowed the procedure, then you have the right to challenge the termination order before the court of law.
You can seek remedies like reinstatement at the same post with consequential benefits, compensation for the loss you incurred from termination, any other loss, i.e. damage of honour, professional integrity or defamation.
You can file a lawsuit at Bangaluru because the cause of action arose in Bangaluru. If you have signed the work agreement at your native place, then you can submit the case here.
My uncle has one adopted daughter. He has a self-acquired property. His wife is torturing him to give all property to her. But my uncle wants to give the property to his daughter. His wife creating so much drama and spreading falls statement on my uncle. With the help of a local politician, she is making so much pressure to him.
Finally, she has filed a Domestic violence case in AWPS. The Police Inspector is taking her side and compelling him to prepare a will stating that after his death property belongs to his second wife within ten days register and submit a copy. Inspector rudely got a statement like that with my uncle.
This is a self-acquired property and your uncle is the absolute owner. He purchased the property out of his sources. He has an absolute right to transfer it to any person. No person can compel him to alienate the property to a particular person. Your aunt has filed a false case under domestic violence Act only for forcing him to transfer the property to her.
If a person files, a false lawsuit for an ulterior motive, he thereby abuses the process of the court. The High Court has inherent power under section 482 of the code of criminal procedure (crpc) to quash such a false case. Hence, in the current scenario, your uncle should file a petition before the High Court under section 482 for quashing of the domestic violence case.
As far as the police officer is concerned, he has no right to compel a person to execute a Will for the transfer of property. You may file a complaint against the police officer. He may file a complaint before the Superintendent of Police of your district.
Sir, my great grandfather, had taken a lease from the government and he erected a house over it. We have to reside in the same home since from the beginning. No question has been raised by the government when I bequeathed this land along with the house from my father. My father has died in the year 1978. Now I have sold this house to my friend and got registration in his name by sale deed.
No objection was raised by the government. Now I received a notice from the government to vacate the land and compensation for the house erected by my great grandfather. The government wants to resume this property on the basis that it was granted to my great grandfather. What is the remedy available to me?
It is not your ancestral property because the government granted it to your great grandfather. It was neither purchased nor bequeathed by your great grandfather. When the government gives a property on specific terms, conditions or limitations then it is governed by the said conditions. Your great grandfather was a licensee, and he had no right to transfer this property to any person by way of gift, sale or exchange.
If such property is, later on, declared or made freehold in favour of the licensee, then its nature has been changed. Now licensee becomes an owner of the property. In your case, it is not clear that it is made freehold or not. It would be best if you made some inquire from the revenue department regarding the freehold of this property. If it is not declared as freehold, then you have no transferable right in respect of this property.
There is a maxim in law, i.e. Nemo dat quod non habet it means “no one gives what he doesn’t have”. If your great grandfather was a mere licensee, then he could not bequeath ownership to his descendants. When the property was bequeathed on your grandfather, he holds this property as a licensee. Therefore you have also held this property as a licensee.
In Azim Ahmad Kazmi v. State of U.P. [(2012) 7 SCC 278], the Supreme Court has held that the government grant of a lease of land is governed entirely by the terms of the grant. The Court took note of Section 3 of the Government Grants Act, 1895 which is to take effect according to its tenor notwithstanding any other law to the contrary.
In Chief Executive Officer v. Surendra Kumar Vakil[(1999) 3 SCC 555] , the Supreme Court has held that the grantee under the old grant terms is a mere occupier/licensee having no title over the land so as to entitle him to transfer the land to another person without prior consent of the authorities concerned.
Hence, you had no right to transfer this property by way of sale to any person. The government has the right to resume this property whenever it seems a requirement for any purpose because the government is the original owner of this property. You are a lessee. Therefore, you have no right to transfer this property until it is made freehold in your favour.
I am a retired government servant. A departmental proceeding was pending at the time of my retirement. Therefore, the competent authority had forfeited my gratuity without holding me guilty of proved misconduct. He presented ambiguous inquiry report which is forthwith admitted by the superior officer. Thereupon full gratuity is forfeited.
Gratuity is the self-earned income of the employee, so the government has no power to forfeit it without holding me guilty. Is there any provision that concerned authority can forfeit my gratuity without held me guilty?
There is no provision under The Payment of Gratuity Act, 1972 which empowers the concerned authority to forfeit gratuity without holding you guilty. Section 4 of the said act unambiguously states that:
“Gratuity shall be payable to an employee on the termination of his employment (after he has rendered continuous service for not less than five years) on his superannuation, or retirement or resignation, or his death or disablement due to accident or disease.”
Furthermore, sub section 6 of the said section 4 states that authority may forfeit gratuity if he terminated the employee on these grounds:
- On any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer.
- His riotous or disorderly conduct or any other act of violence on his part.
- For any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Thus, it is evidence that authority cannot forfeit gratuity except holding the employee guilty for any offence as mentioned above. Disciplinary proceedings were pending at the time of your retirement. Hence, the concerned authority had no authority to forfeit gratuity. Eventually, he is not empowered to automatically forfeit the gratuity.
In Beed District Central Coop. Bank Ltd. v. State of Maharashtra, (2006) 8 SCC 514; Y. K. Singla v. PNB, (2013) 3 SCC 472 and Jaswant Singh Gill v. Bharat Coking Coal Ltd., (2007) 1 SCC 663; the Supreme Court has held that employer can forfeit the gratuity if he convicts the employee for any offence mentioned in subsection 6 of section 4 of The Payment of Gratuity Act, 1972.
Hence, forfeiture of gratuity without holding you guilty is illegal. Therefore, you should challenge the process of forfeiture before the High Court under article 226 of the Constitution of India. You should file a writ petition before the High Court.
A divorced Muslim woman has been receiving maintenance from her husband, but the amount of maintenance is insufficient. The court ordered for maintenance in the year 2006. Now she is facing financial hardship. How can enhance maintenance under section 125 crpc?
You can move an application before the Magistrate’s court under section 127 of the code of criminal procedure (crpc) for modification of maintenance order. Section 127 crpc empowers the Magistrate to alter the quantum of maintenance as he thinks fit in the circumstances of the case.
The law of maintenance contained in Section 125 – 128 crpc, apply to one and all irrespective religion. Thus, it is equally applicable to a Muslim woman if she remains unmarried after the divorce. If maintenance becomes insufficient, you can approach the court for modification of maintenance order under section 127 crpc.
Insufficient maintenance
You can move application only if you can prove that alimony is becoming inadequate in the current circumstances. If circumstances have changed and his wife became destitute or living in hardship, then the court is empowered to enhance the amount of alimony as he thinks fit.
There is no bar of maximum limit regarding enhancement of maintenance. The court has full discretion to enhance the quantum of support according to the factual position of the case. What is the basic need of a wife to maintain her living standard? The court considers the above question for the determination of enhancement of maintenance.
If you fail to maintain the living standard which the other woman of your husband’s family has been living then definitely your maintenance may be increased.
