Wife can claim maintenance if she is living in live-in relationship. Is a wife residing with a man as a partner in a live-in relationship entitled to maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C).
Asked from: Uttar Pradesh
No, a wife cannot claim maintenance if she is cohabiting with a man in a live-in relationship. In legal terms, a live-in relationship is considered akin to marriage. Consequently, the husband of a woman in such a relationship is not obligated to provide maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C).
Section 125 of the Cr.P.C explicitly outlines that a wife is eligible to receive maintenance from her husband if she is incapable of supporting herself. Sub-section 4 of this section further stipulates that a wife cannot receive an allowance from her husband under this provision if:
- She is engaged in an adulterous relationship, or
- Without a valid and justifiable reason, she refuses to live with her husband.
In cases where a wife is residing with her partner in a live-in relationship, it is assumed that a sexual relationship exists. Upon establishing the existence of a live-in relationship, the court presumes that the wife is living in adultery, and consequently, she is regarded as having willingly abandoned her husband.
In both of these scenarios, the wife is not entitled to seek maintenance under Section 125 of the Cr.P.C. To be relieved of the obligation to provide maintenance, the husband must demonstrate the existence of a live-in relationship.
Legal acceptance of live-in relationship
A live-in relationship, also known as cohabitation, refers to a situation where an unmarried couple lives together in a domestic partnership, often in a manner that resembles a married couple’s lifestyle. These couples choose to live together and share their lives without undergoing a formal marriage ceremony. Live-in relationships can be based on mutual love, companionship, or any other personal reasons.
In India, the legal acceptance of live-in relationships has evolved over the years. While there is no specific legislation that comprehensively addresses live-in relationships, several legal judgments and developments have provided some recognition and protection for couples in such relationships:
- Supreme Court of India: The Supreme Court of India has, in various judgments, recognized live-in relationships as valid. In a landmark case (Indra Sarma vs. V.K.V. Sarma, 2013), the court held that living together without formal marriage is not illegal and does not amount to an offense.
- Protection of Women: The Protection of Women from Domestic Violence Act, 2005, offers protection to women in live-in relationships by defining them as “aggrieved persons.” This law allows women in such relationships to seek legal remedies against domestic violence.
- Maintenance for Partners: Section 125 of the Criminal Procedure Code (Cr.P.C) allows a woman in a live-in relationship to claim maintenance if she can prove that she is living with a man as his wife in a manner akin to a marriage. But a married woman living in live-in relationship, cannot claim maintenance.
- Children’s Rights: The legitimacy of children born in live-in relationships is recognized, and they are entitled to the same rights and privileges as children born to married parents.
- Property Rights: Courts have, in some cases, granted women in live-in relationships the right to claim a share of the partner’s property, especially if they have cohabited for an extended period and acquired property jointly.
While the legal environment has become more accepting of live-in relationships, challenges and ambiguities may still arise, particularly in cases involving property disputes, inheritance, and other legal matters.
Related:
If any girl made false accusations of cheating and fake promises against man. Then what are the remedies available to man to get rid of such false allegations.
When faced with false accusations of cheating and fake promises, it’s essential to respond thoughtfully and consider the following remedies to address the situation:
- Misunderstandings can often be resolved through conversation: In many cases, the initial step towards addressing false accusations should be a calm and open conversation with the individual making the claims. Misunderstandings, miscommunications, or misconceptions can often be clarified and resolved through dialogue.
- Gather Evidence: If the accusations persist and you firmly believe they are baseless, it’s crucial to collect evidence that can support your innocence. This may include preserving text messages, emails, or other relevant records that can provide a factual basis for countering the accusations and clarifying the situation.
- Seek Mediation: In instances where direct communication breaks down or becomes emotionally charged, it can be beneficial to involve a neutral third party, such as a counselor or mediator. Mediation can create a safe and structured environment for both parties to express their concerns and work towards a resolution.
- Legal Consultation: If the false accusations escalate and begin to harm your reputation or livelihood, it may be prudent to consult with an attorney. Legal professionals can offer guidance on potential defamation or slander claims and help you navigate the specific laws related to false accusations in your jurisdiction.
- Cease and Desist Letter: In certain situations where the false accusations persist and cause harm, sending a formal cease and desist letter through an attorney may be appropriate. This letter can demand that the false accusations cease, warning of potential legal action if they continue.
- Protect Your Reputation: Take proactive measures to safeguard your reputation by sharing your side of the story with those close to you, including friends, family, and colleagues. This can help ensure that they are aware of the falsehood of the accusations and can support you.
- Document the Accusations: Keeping a detailed record of any false accusations, including dates, times, and the context in which they were made, is essential. Such documentation can be valuable if you need to defend your reputation or pursue legal action.
- Stay Calm and Composed: It is of utmost importance to remain calm and composed throughout the process. Reacting with anger or hostility can exacerbate the situation and potentially harm your case. Maintaining a composed demeanor demonstrates your commitment to resolving the matter peacefully.
- Self-Care: False accusations can take an emotional toll. Seek support from friends, family, or a therapist to help you cope with the stress and anxiety that may result from such accusations. Prioritizing your well-being is essential during this challenging time.
- Consider a Restraining Order: If the false accusations escalate to harassment or threats that endanger your safety, you may need to explore obtaining a restraining order to protect yourself.
It’s important to keep in mind that every situation is unique, and the appropriate remedies may vary. Consulting with an attorney and considering mediation are often wise steps when addressing false accusations that may have legal or personal consequences. Ultimately, the goal should be to achieve a peaceful resolution while protecting your own well-being and reputation.
Please Help me Sir I am requesting reinstatement after termination. My point is that without doing anything wrong HR and Supervisor forced me not to go to branch then terminated me but I want to join again please help.
Asked from: Gujarat
Reinstatement after termination is possible if there is any illegality in termination. You have not mentioned adequate detail about your case, but follow the step given below to to secure reinstatement.
Review Company Policies: Start by familiarizing yourself with your company’s policies and procedures regarding terminations, appeals, and rehiring. Understanding the official guidelines is crucial in navigating the reinstatement process.
Contact HR: It’s imperative to reach out to your HR department to discuss the circumstances surrounding your termination. When you engage with HR, be polite and professional while explaining your perspective. Request clarification on why you were terminated, seeking a clear understanding of the situation.
Gather Evidence: Collect any relevant documents, emails, or communication that can support your claim that you were not at fault and were unfairly terminated. Compiling tangible evidence will significantly strengthen your case when you present it to HR or other relevant parties.
Seek Mediation: In cases where HR is unresponsive or unsupportive, involving a mediator or a labor union representative might be necessary. These impartial third parties can help facilitate communication and potentially resolve the issue more effectively.
Legal Consultation: If all else fails and your efforts to seek reinstatement remain fruitless, consider consulting with an employment attorney. They can provide you with legal advice regarding your rights and options. This step is especially important if you suspect there might be grounds for a legal case against your employer.
Construct a Reinstatement Request: If you believe your termination was unjust, take the time to prepare a well-structured reinstatement request letter. Ensure that your letter is factual, professional, and concise in explaining why you should be reinstated, emphasizing your value to the company.
Demonstrate Commitment: Within your reinstatement request letter, express your commitment to the company and your willingness to resolve any issues or concerns that may have led to your termination. Highlight your dedication to making a positive impact if reinstated.
Apologize if Necessary: If your actions contributed to the termination, be prepared to apologize and demonstrate that you’ve learned from any mistakes made. Showing a willingness to grow and improve can positively influence the decision-makers.
Follow Up: After submitting your reinstatement request, it’s important to follow up with HR to inquire about the status of your request. Persistence is key, but always maintain a patient and professional demeanor in your communications.
Consider Alternative Options: While seeking reinstatement, it’s wise to explore other job opportunities. Having a backup plan in case reinstatement is not possible is a practical approach to ensuring your financial stability.
Remember to maintain a professional and courteous demeanor throughout the process. Keeping lines of communication open and being willing to cooperate to resolve any issues will demonstrate your commitment to finding a resolution. Best of luck in your efforts to rejoin your former employer.
Related: Termination without following due process
Unauthorised construction on gram sabha land. Requesting the police to arrange for a revenue officer’s survey to address issues of trespassing and unauthorized construction on gram sabha land, while the panchayat is not pursuing legal action.
In the case of unauthorized construction on gram sabha land, the villagers have the right to take action against such encroachments. You are entitled to initiate a civil suit against the individual who has constructed house etc on the gram sabha land under Section 67 of the Uttar Pradesh Land Revenue Code 2006.
There is no requirement to wait for the survey report before proceeding. As a resident of the gram sabha with knowledge of encroachment on its land, you can directly file a civil suit in the Assistant Collector’s court.
Section 67 of the U.P. Revenue Code outlines the statutory duties of the Assistant Collector in preventing damage, misappropriation, and wrongful occupation of Gram Sabha property. Here is a summary of its key provisions:
- When property entrusted to a Gram Sabha or local authority is damaged or misappropriated, or when land intended for a specific purpose is occupied unlawfully, the Bhumi Prabandhak Samiti or relevant authority shall inform the Sub-Divisional Officer.
- Upon receiving this information or if otherwise satisfied that such damage or misappropriation has occurred, the Sub-Divisional Officer issues a notice to the concerned person, asking them to explain why compensation for the damage, misappropriation, or wrongful occupation should not be recovered from them, or why they should not be evicted from the land.
- If the recipient of the notice fails to respond within the specified time or provides an insufficient explanation, the Sub-Divisional Officer may order their eviction, using necessary force if required, and may recover the compensation as arrears of land revenue.
- If the Sub-Divisional Officer determines that the person is not responsible for the damage, misappropriation, or wrongful occupation, the notice is discharged.
- An aggrieved person can appeal to the Collector within thirty days of the Sub-Divisional Officer’s order under sub-section (3) or (4).
- Except for appeals as specified in sub-section (5), the Sub-Divisional Officer’s orders under this section are considered final.
- The specific procedure to be followed in implementing the actions under this section is determined by the prescribed regulations.
This section clarifies that the term “land” includes trees and buildings on the land for the purposes of these provisions.
Rule 67 of the U.P. Revenue Code, 2016 outlines the procedure for taking action in cases involving damage, misappropriation, and wrongful occupation of gram panchayat property. Here is a summary of its key provisions:
- The Assistant Collector, upon receiving information or acquiring knowledge of such issues, may initiate an inquiry to gather specific information, including:
- Details of the damage, misappropriation, or wrongful occupation (including property description, location, and market value).
- Full identification of the responsible person (name and parentage).
- Duration of wrongful occupation, damage, or misappropriation, and the soil classification of the affected land.
- Assessment of property damage or misappropriation based on the prevailing market rate.
- The Assistant Collector issues a notice in R.C. Form-20 to the person responsible, asking them to explain why compensation for the damage, misappropriation, or wrongful occupation should not be recovered from them and why they should not be evicted from the land.
- If the notice remains unanswered or the provided explanation is insufficient, the Assistant Collector can:
- Order eviction using necessary force if required.
- Recover the specified compensation and expenses as arrears of land revenue.
- The amount of compensation and expenses is determined as follows:
- For damage or misappropriation, compensation is assessed at the market rate.
- For unauthorized occupation, compensation is calculated at five percent of the market value of the land for each year of occupation.
- Expenses of execution are assessed based on one day’s pay and allowances for the staff involved.
- If the person wrongfully occupying the land has cultivated it, they can retain possession until the crop is harvested, but they must pay an amount equivalent to five percent of the land’s market value, credited to the appropriate fund.
- The Assistant Collector aims to conclude proceedings within 90 days of issuing the show cause notice. Reasons for any delay must be recorded.
- The Land Management Committee or local authority may still prosecute a person who re-encroaches on the same land, and a register is maintained to record damages and compensation details.
- Progress reports on realization of damages and compensation are sent to the Board of Revenue every April and October.
- Nothing in these rules prevents anyone from establishing their rights in a court of competent jurisdiction regarding any matter subject to Section 67 of the Code.
This rule establishes the procedure for addressing issues related to gram panchayat property, including damage, misappropriation, and wrongful occupation, as prescribed by the U.P. Revenue Code, 2016.
Upon receiving information or otherwise becoming aware of damage, misappropriation, or unlawful occupation of property as described in sub-section (1), the Assistant Collector shall issue a notice to the person responsible. This notice requests them to provide reasons why compensation for the damage, misappropriation, or wrongful occupation, not exceeding the specified amount, should not be recovered from them and why they should not be evicted from the land. If the person fails to respond within the given time frame or provides an insufficient explanation, the Assistant Collector may order their eviction, using necessary force as required, and recover the compensation as arrears of land revenue.
Sub-section 5 of Section 67 of the Code allows any aggrieved party to appeal within thirty days of the Assistant Collector’s order under sub-section (3) or sub-section (4) by filing an appeal with the Collector. In this manner, Section 67, in conjunction with Rule 67, establishes a comprehensive framework for eviction and the prevention of damage, misappropriation, and wrongful occupation of gram panchayat property.
Related
Whether stepsons have right in stepmother property? I have a daughter and two stepsons. Do my stepsons have any claim to my property?
Asked from: Uttar Pradesh
Whether stepsons have a claim to their stepmother’s property depends on the property’s nature. If the property is self-acquired by the stepmother, the stepsons do not have a legal right to it. The legitimate daughter is the rightful heir, and she will inherit the property upon her mother’s passing.
However, if the property was inherited by the stepmother after her husband’s (the stepsons’ father’s) demise, it may be considered joint family property, and the stepsons would have a right to it through inheritance. In this scenario, the legitimate daughter also retains her right to a share of that property.
The determination of whether stepsons have a claim hinge on the property’s classification as either self-acquired or joint family property. The nature of the property will dictate the rights of the individuals involved.
Related
Muslim woman can file suit in family court for dissolution of marriage. Whether civil suit for dissolving marriage of Muslim woman can be filed before District Munsif in original suit or to file original petition before family court under family court act.
Asked from: Uttar Pradesh
Muslim woman can file suit in family court for dissolution of marriage under the provisions of Dissolution of Muslim Marriages Act, 1939. The Dissolution of Muslim Marriages Act, 1939, addresses the circumstances under which Muslim women in India are eligible to seek divorce. Its title and content are linked to The Muslim Personal Law (Shariat) Application Act, 1937, which covers matters related to marriage, succession, and inheritance within the Muslim community.
The 1939 act, officially known as Act No. 8 of 1939, serves the purpose of consolidating and clarifying the legal provisions of Muslim Law regarding divorce suits initiated by women married under Muslim Law. Within Muslim law, a wife can pursue divorce through extrajudicial or judicial means. The extrajudicial methods include Talaaq-i-tafweez and Lian, while the judicial approach is governed by the Dissolution of Muslim Marriages Act of 1939.
This act outlines the grounds for divorce and the relevant procedures for this purpose. An important aspect of this legislation is found in section 4, which explicitly states that “The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not, by itself, result in the dissolution of her marriage.”
Under this act, a woman married under Muslim Law has the right to seek a decree for the dissolution of her marriage on one or more of the following grounds:
- If the husband’s whereabouts have been unknown for four years.
- If the husband has neglected or failed to provide for her maintenance for two years.
- If the husband has been sentenced to imprisonment for seven years or more.
- If the husband has unreasonably failed to fulfill his marital obligations for three years, and this continues to be the case.
- If the husband was impotent at the time of marriage.
- If the husband has been insane for two years or is suffering from leprosy or a virulent venereal disease.
- If the woman was married off by her father or guardian before turning fifteen and repudiates the marriage before reaching eighteen, provided that the marriage has not been consummated.
- If the husband treats her with cruelty, including habitual assault, causing misery through ill-treatment, consorting with disreputable women, attempting to force her into an immoral life, interfering with her property or legal rights, obstructing her religious observance, or failing to treat her equitably if he has multiple wives as per the Quran’s instructions.
- On any other ground recognized as valid for dissolving marriages under Muslim Law. However, it is important to note that:
- A decree on ground (iii) cannot be issued until the sentence becomes final.
- A decree based on ground (i) takes effect after a waiting period of six months from the date of the decree. If the husband appears within this period and convinces the Court that he is willing to fulfill his conjugal duties, the Court will annul the decree.
- Before granting a decree on ground (v), the Court, upon the husband’s application, may order him to satisfy the Court within one year from the date of the order that he is no longer impotent. If the husband complies within this period, no decree will be issued on this ground.
Related
Cheque number mismatch in sale deed. A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.
There is no contention concerning the payment of consideration. Although the sale deed contains incorrect cheque numbers, if the account into which the RTGS payment was made has received the full consideration, regardless of the cheque numbers specified in the sale deed, the seller cannot deny that the consideration has been partially paid.
There is no requirement to rectify the sale deed through the submission of a notarized statement or by initiating a civil suit under Section 26 of the Specific Relief Act.
