Stepmother adopted a son when she already has a biological son. Father died. Mother got second marriage they adopted her child. In this situation who would the father and grandfather of the child?
Asked from: Bihar
Stepmother cannot adopt a son when she already has a biological son from her deceased husband. In the past, females were restricted from adopting without the consent of their husbands. Unmarried or widowed women faced even more limitations in adoption. However, with the passage of time and a shift in societal perspectives, personal laws have undergone changes. This transformation is codified in 'The Hindu Adoptions and Maintenance Act, 1956,' explicitly stating that females are now allowed to adopt children, provided they are of sound mind and not minors. This right has also been extended to widows.
According to section 8 of the Hindu Adoptions and Maintenance Act, 1956:
Any mentally sound adult female Hindu, not being a minor, possesses the capability to adopt a son or daughter. However, if she has a living husband, she may only adopt with his consent, unless the husband has completely and definitively renounced the world, ceased to be a Hindu, or been declared by a court of competent jurisdiction to be of unsound mind.
According to section 12 of the Hindu Adoptions and Maintenance Act, 1956:
From the date of adoption, an adopted child shall be recognized as the child of the adoptive father or mother for all legal intents and purposes. Consequently, all familial ties of the child in their birth family shall be considered severed and replaced by the new ties established within the adoptive family.
According to Section 11 of the Hindu Adoptions and Maintenance Act, 1956:
In the case of adopting a son, the adoptive father or mother must not have a living Hindu son, son's son, or son's son's son (whether through legitimate blood relationship or adoption) at the time of the adoption.
In your case, if the widow has adopted a son, that adoption is illegal because it violates the provisions of Section 11. The widow has a biological son of her deceased husband. Hence, she is being a widow cannot adopt a son. However, she can adopt a daughter only. In the prevailing situation such an adoption is in violation of Section 11, therefore, it is void. For more legal help please visit Kanoon India.
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Husband denied accessing my matrimonial home. I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.
However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.
Asked form: Uttar Pradesh
Your husband cannot deny accessing your matrimonial home because it is a shared household, and you have right to reside there. In Satish Chandra Ahuja vs Sneha Ahuja [(2021) 1 SCC 414] the Supreme Court has discussed the interpretation of the definition of a "shared household" under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
The court addresses whether a shared household is limited to a joint family residence or one in which the husband has a share. The court highlights that the definition includes a household where the aggrieved person has lived in a domestic relationship with the respondent, whether owned or tenanted jointly or individually.
The court emphasizes the permanency of a woman's residence for security and underscores that the purpose of the legislation is to protect women. It concludes that the Act grants an entitlement to women for the right of residence in a shared household, irrespective of their legal interest in it, in order to fulfill the Act's purpose of providing effective protection to women victims of domestic violence.
Hence, you'll certainly obtain a residential order from the court in your DV case. You have initiated a proper case against your husband to regain access to the matrimonial home. In the meantime, you should file a civil suit for an injunction against your husband to prevent the solemnization of a second marriage.
You have evidence to prove that your husband is planning to marry the person with whom he has had an extramarital relationship. Legally married individuals can obtain an injunction order from the court and compel their spouse to refrain from solemnizing a second marriage.
Bigamy is an offense punishable under Section 494 of the Indian Penal Code. If your husband solemnizes a second marriage without obtaining a divorce from his first wife, he commits the offense of bigamy. For more legal help please visit Kanoon India.
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Terminated from service on the ground of bigamy. Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.
Asked from: Bihar
You have omitted some vital facts. However, based on the facts and circumstances of your case, the termination order appears legal, and there is no impediment. In 2010, your wife filed a complaint and simultaneously initiated a divorce case on the grounds of bigamy.
It is important to note that marriage does not dissolve by giving a legal notice; a decree from a competent court is mandatory for the dissolution of marriage. Although you divorced in 2013, the offense of bigamy occurred when you solemnized another marriage after sending a legal notice and during the subsistence of the first marriage.
Therefore, you are not entitled to reinstatement because the termination order passed by the competent authority is legally valid and has no defects. If you file an original application in the Armed Forces Tribunal, it will likely dismiss your case.
Petroleum Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation's petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records.
Asked from: Assam
The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL's reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter?
Your stand is correct because the accused has committed offence of forgery and prepared an instrument to prove his innocence. In this case the proper course of action would be to lodge an FIR. However, if the proceeding has been initiated under the Petrolium Act, the court has the power to add relevant section if found that accused has committed a crime.
It is better for you to recommend FIR because it at any stage your credibility is examine you defend yourself. In the departmental recommendation soundness and reasonableness are the key factors. So, you should protect yourself from any future perversity by recommending FIR.
Can court decide the matter under section 372 succession act summarily or as a civil suit. Whether section 372 of the Indian succession act provides summary proceedings? Can court adjudicate the dispute in the proceedings of code of civil procedure? In this case the non applicant wants that the court should hear and decide the case as a civil suit.
Asked from: Uttar Pradesh
Section 372 of the Indian Succession Act, 1925, does provide for summary proceedings. It allows for a simplified and quicker process for obtaining probate or letters of administration. However, whether the court can adjudicate the dispute under the proceedings of the Code of Civil Procedure (CPC) depends on the specific circumstances and the preference of the parties involved.
If the non-applicant wishes the court to hear and decide the case as a civil suit rather than through summary proceedings, they may express this preference in their petition or application before the court. The court will consider the nature of the case and the interests of the parties involved.
In some cases, the court may allow for a more detailed and formal adjudication under the provisions of the CPC, treating it as a regular civil suit. However, the court's decision to follow summary proceedings or the CPC will depend on various factors, including the complexity of the matter and the need for a detailed examination of evidence.
Can victim lodge FIR after forceful abortion. My cousin was in a relationship with a boy from a different religion for three months. They were serious and were planning to get married in future. However my cousin became pregnant by accident. When the boy informed his parents they immediately restrained him from contacting my cousin. She got an abortion done without taking a single rupee from them. She is unable to contact the boy as his parents have taken complete control. Now my cousin wants to lodge an FIR against the boy. She doesn't have any money and she lives all alone in the city where the boy and his family lives. If my uncle and aunt find out they will throw her out of the house. In such a scenario can she lodge and FIR and go to court?
Asked from: Madhya Pradesh
Yes, a victim has the right to lodge a First Information Report (FIR) after a forceful abortion. If someone has been subjected to a forceful abortion, it can be considered a criminal offense, and the victim can report the incident to the police. The police will then initiate an investigation based on the information provided in the FIR. The relevant sections of the IPC that may apply in such cases include:
Section 312 IPC: Causing Miscarriage
"Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
Essential elements of the Offense:
- The accused must voluntarily cause a woman with child to miscarry.
- If the miscarriage is not done in good faith for the purpose of saving the life of the woman, it becomes an offense.
- The punishment varies depending on whether the woman is quick with child (i.e., the fetus is capable of independent life outside the womb).
The section provides for an exception if the miscarriage is caused in good faith for the purpose of saving the life of the woman. In such cases, the act is not considered an offense.
Section 313 IPC: Causing Miscarriage without Woman's Consent
"Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if the woman is quick with child, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, with fine, and, if the woman dies, shall also be liable to punishment for culpable homicide."
This section criminalizes the act of causing a miscarriage without the woman's consent, regardless of whether the woman is quick with child (i.e., the fetus is capable of independent life outside the womb) or not.
Elements of the Offense:
- The accused commits the offense of causing miscarriage without the woman's consent.
- The punishment varies based on whether the woman is quick with child.
- If the woman dies as a result of the act, the accused may also be liable for culpable homicide.
Punishment:
- If the woman is not quick with child, the punishment is imprisonment for life or imprisonment of either description for a term up to ten years, and the accused may also be liable to a fine.
- If the woman is quick with child, the punishment is more severe, with imprisonment for life or imprisonment of either description for a term up to ten years, along with a fine.
- If the woman dies due to the act, the accused may face additional punishment for culpable homicide.
Section 315 IPC: Act done with intent to prevent child being born alive or to cause it to die after birth
Section 315 of the Indian Penal Code (IPC) deals with the act of preventing a child from being born alive or causing it to die after birth. Section 315 read as follows.
"Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose only of preserving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both."
Elements of the Offense:
- The accused must perform an act before the birth of a child.
- The act must be done with the intention of preventing the child from being born alive or causing its death after birth.
- If the act results in preventing the child from being born alive or causing its death, and if it is not done in good faith for the sole purpose of preserving the life of the mother, it becomes an offense.
Punishment:
- The punishment for the offense is imprisonment of either description for a term that may extend to ten years, or with a fine, or with both.
Exception:
- The section provides an exception if the act is done in good faith for the sole purpose of preserving the life of the mother. In such cases, the act is not considered an offense.
Based upon the facts you can lodge FIR in any of the above-mentioned sections which squarely covers your case. If pregnancy was at too early-stage section 315 will apply. In case, it was at the advance stage then section 312 & 313 will apply depending upon the mental state of the victim.
Facing a decade of mental abuse: navigating divorce, alimony, and custody battles. My cousin has been in a mentally abusive relationship with her husband for 10 years now,and has terrible in-laws who are ruining her marriage.she has 2 kids.her husband is rich,but irresponsible,immature and insensitive and mentally abusive and was physically abusive too,at times.this has damaged my cousin's sense of well being and she has developed anxiety,hypertension,mental stress.he has kept her away from his home saying that her mother too has to take responsibility of looking after her..he doesn't provide maintenance except for one child's school fees..my cousin's mother is looking after her..in a fit of anger,due to hypertension my cousin had used bad language against her husband..this has happened time and again.
Now he is blackmailing her with those messages to avail divorce and escape alimony and trying to further mentally torture her by snatching away the kids..he has never been a committed father though the kids like him..my cousin though qualified,is a homemaker and is not working..she has little income but it won't suffice for her and her kids as per her lifestyle.there have been some telephonic conversations too where this happened.can she claim alimony if her husband wants to divorce her based on those watsapp chats and phone conversations where she used offensive language after being provoked by him?and what about the kids?..now she wants peace in life and financial security for herself and kids.
Asked from: West Bengal
In this challenging situation, it's crucial for your cousin to take several important steps to address her mentally abusive marriage and seek the legal and emotional support she needs. First and foremost, she should consult with a family law attorney who specializes in situations like hers. This attorney will provide her with legal guidance tailored to her unique circumstances, helping her understand her rights and options.
In parallel, it's essential for your cousin to document everything related to the abuse and threatening messages, as well as any incidents or phone conversations. These records may become valuable evidence when discussing matters of alimony and custody during divorce proceedings.
Addressing the emotional and mental stress she's experiencing is also vital. Encouraging your cousin to seek therapy or counseling can help her cope with these challenges. Support groups can also provide a valuable outlet for sharing experiences and receiving advice from others who have faced similar situations.
If both parties are willing to cooperate, mediation can be an alternative approach to resolving divorce and custody matters, aiming to reduce the adversarial nature of the process.
Child custody considerations must prioritize the best interests of the children. Your cousin should openly discuss her concerns about the well-being of her kids with her attorney, who can help determine the most appropriate course of action.
Alimony eligibility is a complex matter that varies by jurisdiction and depends on factors like the length of the marriage, financial circumstances of both spouses, and their behavior. Your cousin should discuss her specific situation with her attorney to understand her potential eligibility for alimony.
In cases where your cousin feels her safety is at risk, obtaining a restraining order or protective order should be considered, and she should consult her attorney for guidance on this matter.
Lastly, discussing financial planning for her and her children's stability is crucial. An attorney can assist your cousin in exploring various options for achieving financial security during and after the divorce proceedings. Ultimately, it's essential that your cousin seeks professional legal advice customized to her unique situation. Her attorney will be her best source of guidance and support throughout this challenging process.
Question: Unfair trade practice adopted by carpenter. After nearly five months, the carpenter referred to has consistently failed to complete the work on time as initially promised. Despite releasing funds in accordance with the work and timeframe, the carpenter has offered constant excuses and explanations for the delays. Furthermore, there have been issues with materials being delivered late. After waiting patiently for an extended period and having multiple follow-up attempts, the carpenter is now introducing false additional charges and harassing the client, even though 90% of the quoted amount has already been paid.
The work was not supervised adequately, and there was no dedicated supervisor overseeing the project. Inspections were infrequent, typically occurring once every two weeks or even a month, and the client had to repeatedly contact the carpenter for progress updates. To address this situation, guidance on appropriate actions to take is requested.
Asked from: Uttar Pradesh
You can claim damages to make good the loss you suffered due to unfair trade practices of carpenter. You can file a complaint in the State Consumer Disputes Redressal Commission under Section 47 of the Consumer Protection Act of 2019.
