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.
Submit your passport application and required documents at your nearest Passport Seva Kendra. I have had a passport since 2005, but it expired in 2018. Around that time, I applied for its renewal. However, due to pending legal cases, I was unable to renew it. The cases were closed in February 2023, so I applied for a fresh passport. Everything went well with my application, including police verification. I provided the relevant court orders.
Asked from: Andhra Pradesh
Finally, I received an objection letter stating that I must bring the original case documents in person to the Regional Passport Officer in Vijayawada, which is located in Vishakhapatnam. Given that the distance is quite far from my location, approximately 700 kms, I am seeking your suggestions for a solution.
I also sent an email explaining that if my personal attendance is required, I can attend the Passport Seva Kendra in Kurnool, which is much closer to me. Thank you.
Yes, you can submit your passport application and required documents at your nearest Passport Seva Kendra (PSK) or Post Office Passport Seva Kendra (POPSK). These centers are established by the passport authorities to facilitate the application process for passport seekers. You can choose the PSK or POPSK that is most convenient for you, and this includes selecting a center that is close to your current residence, making the process more accessible and efficient.
June 26, 2018 Hon’ble Minister of External Affairs launched a new scheme by which an applicant can apply for passport from anywhere in India on the occasion of the Sixth Passport Seva Divas on 26 June, 2018. With the launch of this new scheme, applicants can now choose the Regional Passport Office (RPO) and thus the desired Passport Seva Kendra (PSK)/ Post Office Passport Seva Kendra (POPSK) under the RPO where they wish to submit their application irrespective of whether the present residential address specified in the application form lies within the jurisdiction of the selected RPO or not.
The Police Verification, if required for a specific passport, would be conducted at the address specified in the application form. The passport will be printed and dispatched by the RPO selected for application submission by the applicant.
Divorce within one year of marriage on husband’s inappropriate behavior. The individual is pursuing a divorce within one year of marriage due to several substantial issues. These concerns encompass the husband’s inappropriate behavior and his insistence on the wife’s mother-in-law and siblings’ involvement. Additionally, the husband’s failure to disclose significant personal loans has disrupted his financial stability, leading the wife to believe that the marriage revolves around financial motives, leaving her feeling exploited. Moreover, the wife is troubled by the husband’s overly intimate relationship with his sister, and there have been ongoing disputes concerning the retrieval of gifted jewelry. Past family conflicts and disagreements over living arrangements, coupled with persisting financial and in-law disputes, have eroded the marriage’s foundation, resulting in a lack of love, care, and respect and frequent arguments. These cumulative issues have created a strained and unhappy marital environment, prompting the individual to seek a divorce.
Husband’s inappropriate behavior is however, not a ground of divorce under the Hindu Marriage Act 1955. If the inappropriate behavior of husband is such a extent that it becomes dangerouns to the wife to live with him, shall constitute a valid ground of divorce. Such an inappropriate behavior amount to cruelty. Cruelty either physical or mental is a ground of divorce under Section 13 of the Hindu Marriage Act 1955.
Mental cruelty under Section 13 of the Hindu Marriage Act, 1955, refers to the infliction of severe psychological or emotional distress on a spouse by the other, to such an extent that it makes it impossible for them to continue living together as a married couple. This form of cruelty doesn’t involve physical harm but can be equally damaging to the well-being and mental health of the affected spouse.
Section 13 of the Hindu Marriage Act, 1955, provides the grounds on which a married person can seek a divorce, and mental cruelty is one of these grounds. To establish mental cruelty as a valid reason for divorce, it must be proven that one spouse’s behavior has caused significant and enduring mental agony, suffering, and a breakdown in the marital relationship.
Examples of mental cruelty can include constant humiliation, verbal abuse, threats, neglect, emotional manipulation, harassment, or any other behavior that creates a hostile and intolerable environment within the marriage. The court will assess each case on its merits and consider the evidence presented to determine whether mental cruelty has occurred to the extent that it justifies granting a divorce under the provisions of the Hindu Marriage Act, 1955.
Divorce within one year of marriage
Section 14(1) of the Hindu Marriage Act, 1955, establishes that, ordinarily, a court cannot entertain a divorce petition unless at least one year has passed since the date of the marriage. However, there is an exception provided. The court, following rules set by the High Court, can allow the presentation of a divorce petition before the one-year mark if there are grounds of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
But if it’s discovered during the hearing that the petitioner obtained permission to file the petition through misrepresentation or concealment, the court may condition the decree to take effect after the one-year period or dismiss the petition without preventing the filing of a new one based on the same facts after the one-year period.
Under the Hindu Marriage Act, 1955, divorce within one year of marriage can be sought under certain circumstances. Section 13 of the Act outlines the grounds for divorce, and one of the grounds for divorce within the first year of marriage is cruelty.
If a spouse can prove that they have been subjected to such cruelty that it has made it impossible to continue living together, they may be eligible to seek a divorce within the first year of marriage. This cruelty may be physical or mental. However, in cases of divorce within the first year, it often involves cruelty of a severe nature.
It’s important to note that the law recognizes the sanctity of marriage, and divorce within the first year is not granted lightly. The burden of proof lies with the spouse seeking the divorce, and they must demonstrate that the cruelty was of such a serious and intolerable nature that it warranted the dissolution of the marriage.
Leave of the court is mandatory to admit divorce suit which has been filed within one year of marriage. In your situation, the husband’s overly close relationship with his sister constitutes a form of mental cruelty, making it impossible for the wife to continue living with him. Therefore, you can seek divorce within first year of your marriage.
Renew passport pending criminal case under Section 498 A and dowry, my name is XXX, awaiting judgement copy for disposed 498A 3&4 DP Act. Can I renew my passport immediately or do i need wait? if I cannot renew on what exception basis I can renew my passport.
Asked from: Uttar Pradesh
A passport can be renewed even if there is a pending criminal case under Section 498A of the IPC and dowry cases under the Dowry Prohibition Act. The restriction is applicable to the travel abroad of an accused person. An accused cannot travel abroad on their passport without the permission of the court.
According to a notification dated August 25, 1993 (GSR 570 (E)), and in accordance with the powers vested by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967), the Central Government of India, in the interest of public welfare, issued an exemption.
This exemption superseded an earlier notification, Government of India’s Ministry of External Affairs No. G.S.R. 298(E) dated April 14, 1976. The exemption pertains to citizens of India who have pending criminal proceedings against them in an Indian court.
These individuals, who can produce court orders allowing them to leave India, are exempted from certain provisions outlined in clause (f) of sub-Section (2) of Section 6 of the Passports Act.
Under this exemption, the following conditions apply:
(a) Passports issued to such citizens will have specific validity periods based on court orders:
- If the court specifies a period for which the passport should be issued, it shall be issued for that duration.
- In the absence of a specified period in the court’s order, the passport shall be issued for a one-year period.
- If the court’s order permits travel abroad for less than one year but does not specify the passport’s validity, a one-year validity shall be granted.
- If the court allows travel abroad for a period exceeding one year without specifying the passport’s validity, it will be issued for the duration of travel specified in the court’s order.
(b) Passports issued with one-year validity or those with unspecified validity in court orders can be renewed for one year at a time, provided the individual has not traveled abroad for the period sanctioned by the court. Additionally, the court order should remain unchanged during the renewal process.
(c) Passports issued as per the court’s specific order can be renewed only when a fresh court order specifies an extended validity period for the passport or a period for travel abroad.
(d) Individuals falling under this exemption must provide a written undertaking to the passport issuing authority, confirming their commitment to appearing before the relevant court if required during the validity of the passport issued under these provisions.
