Can a married daughter get a compassionate appointment after the death of father? I am the only child of my deceased father. My father was an engineer in the public works department. He died during his service and he had no other child. I am twenty nine years old and I am a postgraduate. My husband is a teacher in a private school and is giving private tuition. He is also a postgraduate in economics. We have two children. In this scenario can a married daughter get a compassionate appointment after the death of father?
You are entitled to get a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974. Article 16 of the constitution of India provides equality of opportunity in respect of government service. But the compassionate appointment does not come under the purview of public appointment.
Compassionate appointment
Compassionate appointment serves a social purpose i.e. to provide ameliorative relief to the family of a government servant who has died in harness.
In Union of India v. Shashank Goswami and another, AIR 2012 SC 2294 the Hon’ble Supreme Court has observed that the compassionate appointment cannot be claimed as a matter of right.
Your mother is dependent upon you because her financial condition became weak after the death of her husband. In this condition you, as a child, can extend the financial support to your mother. You are also facing financial hardship. In this circumstance you are entitled to get a compassionate appointment.
There is no difference between a son and married daughter in respect of granting compassionate appointments. In Isha Tyagi vs. State of U.P [2014] the Allahabad High Court has held that
If the marital status of a son does not make any difference in law to his entitlement or to his eligibility as a descendant, equally in our view, the marital status of a daughter should in terms of constitutional values make no difference.
In Smt. Vimla Srivastava vs State Of U.P. And Another [2015] the Allahabad High Court has held that a married daughter is also entitled to get compassionate appointment because she comes under the meaning of “family” under n Rule 2 (c) of the Dying-in-Harness Rules 1974.
You should file a writ petition before the High Court under article 226 of the constitution of India. In that writ petition you should seek a direction from the High Court for providing you the benefit of compassionate appointment.
Wife is living with her parents and not coming back to her matrimonial home. Father-in-law mentioned that he wants to take my wife for 4 days. Wife left home and has been living with parents for the past 2 months. Avoiding all contacts and conversations, even family members too not willing to talk. Wife is living with her parents and not coming back to her matrimonial home. What could I do?
To retrieve your wife, you may need to visit your in-laws' residence. However, if she refuses to return to your marital home and indicates her preference to stay with her parents, you may need to initiate legal action by filing a civil suit for the restitution of conjugal rights.
Under Section 9 of the Hindu Marriage Act, you can bring a claim for the restitution of conjugal rights. It is necessary to prove that your wife has withdrawn from the relationship and is unwilling to resume the marriage.
It is not mandatory to issue a legal notice in cases of matrimonial discord. Rather, you may choose to exercise your legal rights as per the statutory laws. Section 9 of the Hindu Marriage Act provides a recourse for the aggrieved spouse whose partner has unjustifiably separated from them.
Can I divorce my wife if our marriage is not consummated? I got married on Jan 27, 2022 and my marriage has not been consummated yet. Thus I have not had any emotional bonding with my wife till now after marriage and she is very secretive and hides many things and she asked for time to get intimate. I do not have any peace of mind as I do not believe her and there is no trust in this relationship and so I want to put an end to this relationship. How do I go about this without inviting any complications?
In the present scenario you cannot divorce your wife. It is not clear which fact she is trying to conceal. Whether that fact is material to the consent for marriage. Section 12 of the Hindu Marriage Act provides some grounds for nullity of marriage.
Fraud, coercion, concealing material facts relating to the marriage which may affect the consent of the party are few grounds which render the marriage voidable.
If any of these facts is existing in your case then you can file a suit under Section 12 for the nullity of marriage. Your marriage is not consummate yet, hence, you can file the above suit.
You cannot file divorce case within one year of marriage unless any exceptional hardship exists. Your wife is not performing her matrimonial obligation i.e. no sexual intercourse since marriage. However it is a mental cruelty but it does not form an exceptional hardship for you.
You should consult a marriage counsellor or psychiatrist to find out reason behind the sexual indifferences. If it is a mental disease which is incurable then you can annul your marriage. The disease must be incurable and it is also important that she has been ailing from that disease before the marriage.
Does Step mother have rights on my grandfather's dowry property? During my parent's marriage in the 1950 my grandfather (mother's side) gave 20kg of gold and 10 acres of land as dowry to my father. Does Step mother have rights on my grandfather's dowry property? When I was 6 years old, my mother passed away and then my father married another lady who didn't bring anything from her home. Recently my father passed away without writing any Will and now my stepmother says there is no asset left to share with me and my brother.
My stepmother has 2 sons and 1 daughter. Without our knowledge, my stepmom shared all assets with them. I am a 50 years old housewife fighting for my grandfather's assets and my brother is now below the poverty line status. Need some guidance regarding our rights. Is there any possibility of getting my grandfather's assets?
It was your grandfather's self acquired property. All gifts or dowry husband received in marriage is the exclusive property. No one can claim rights in that property. Even the wife has no right to get a share in that property.
If your grandfather died intestate i.e. without making a Will, the property will devolve as per the law of inheritance. Accordingly, the widow has no absolute right in that property. The widow and all the children of your grandfather will get equal share.
If your step grandmother has alienated that property and is now saying that she has no property in her hand, then you can lodge an FIR for the criminal breach of trust. Lodge an FIR against her under section 406 of the Indian Penal Code.
The agricultural land will devolve as per the land revenue code. According to land laws, all the legal heirs of deceased, whether male or female, will get equal share. However, the widow will get equal share but she has limited right in that property. She cannot alienate that property to any other person. However, she can make a will and transfer that property to any legal heirs of her husband.
A person aggrieved of an offence can move a complaint to the Magistrate under Section 200 of the Code of Criminal Procedure. In the AIIMS Employees’ Union vs Union of India (1996) 11 SCC 582 the Supreme Court has held that:
If the officer in charge of the police station has refused to lodge the FIR the aggrieved person can file a petition of complaint under section 200 crpc.
How to file a complaint under Section 200 crpc
Prepare a petition of complaint. State the incident in details which suggest that an offence has been committed. Adduce evidence along with the petition of complaint. Also produce witnesses who have knowledge or information about the commission of alleged offence.
The complainant must sign the complaint and do proper verification of the facts stated in the complaint. The verification will prima facie infer that the complaint is genuine.
When the Magistrate prima facie satisfies that offence has been committed, he shall examine the witness and proceed further. If the complaint does not infer the commission of offence, the accused can approach the High Court under Section 482 crpc for quashing of such a frivolous complaint. The Magistrate has many options open to him after receiving a complaint.
- He can take cognisance and issue a warrant or summons against the accused under Section 204 crpc.
- He can either inquire the case himself or direct the police officer to conduct an investigation under Section 202 crpc for the purpose to find out sufficient grounds for proceeding.
- The Magistrate can dismiss the complaint if he finds no sufficient grounds for proceeding.
- Instead of taking cognisance the Magistrate may order investigation under Section 156(3) crpc.
If there is delay in filing a complaint the complainant must satisfy the reason for such a delay. The Magistrate cannot refuse the complaint only on the ground of delay. He has to examine the facts of the case and reasons for causing delay.
My neighbour is damaging my house by using my wall as a common wall. My neighbour have used my wall as a common wall. By fixing grills, metal gate, stormwater pipes, wires etc. He is damaging my house by using my wall as a common wall. There is a sheet in the backside of their house. He has fixed it on my boundary wall and even my bathroom wall. They have lined up pots along the wall. Resulting in water damage and loosening of tiles I got fixed on my side. The lady of the house is very loud and abusive. She has called the police about her l&ll floor tenants, though she is clearly in the wrong. Most people avoid her.
You should file a complaint against him under section 426 Indian Penal Code for the offence of mischief. Your neighbour has the knowledge that his act i.e. to use your wall as his own or as a common wall, may damage the property.
In fact, you have been suffering wrongful loss to your property due to illegal use of your wall by your neighbour. You should also file a civil suit for damages and permanent injunction against your neighbour.
He has no right to use your wall without your consent. Therefore, your neighbour is bound to compensate you for any damages or loss he caused to your house.
The current situation may breach the peace and tranquillity. Hence, you should file an application to the sub divisional magistrate under section 145 of the Code of Criminal Procedure for removal of fixtures attached with your wall.
The SDM will take a bond from your neighbour and direct him to remove all the fixtures attached with your wall and will not do the same in future.
Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to me then can his first daughter who is not living with us claim the property. Iis it acceptable by law or not?
A person can gift his own property only. He has no right to transfer the other’s property by way of gift. Hence, your husband cannot gift his mothers property to you.
If the said property devolved on your husband after the death of his mother then he will become the absolute owner of that property. Then he will get an unfettered right to transfer that property through Will, sell, mortgage, lease or gift.
What is the procedure to get probate a Will for the Christian? Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property.
According to section 213 of the Indian Succession Act 1925 the probate or letter of administration for a will is not mandatory for the Christians. This law is also applicable in Mumbai. Hence, you are not bound to take probate under the Indian Succession Act.
Instead of probate you have to file a civil suit. However, if you file a probate the court will not refuse on the basis that a Christian does not require probate under Section 213(2) read with Section 54 (c) of the Indian Succession Act. But the proper procedure is to file a civil suit instead of a letter of administration or probate.
I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque for the whole loan amount and filed 138 in Gujarat Ahmedabad.
I'm living in Tamil Nadu. The bank had processed the loan in Chennai. But they intentionally filed the case in Gujarat and harrassing me to repay the whole amount. The loan itself is an unsecured loan and loan tenure is upto 2024. My outstanding due is around 2 lacs but they bounced the cheque for the whole amount.
They had collected my cheque for loan process and EMI before actual payment of loan amount. Please advise me in this regard sir. How to deal with this issue. Can I file any petition in Madras High court to change the case from Gujarat to my native or any way to deal with this.
You have given the cheque to the Kotak Bank for the security of your loan. That cheque was sent to the Kotak Bank's office situated at Ahmedabad. On default of the loan the Kotak Bank has produced that cheque for the encashment in Ahmedabad Branch.
After dishonour of that cheque the Kotak Bank has filed a complaint against you under Section 138 NI Act. The facts of your case suggest that there is no impediment or illegality in filing that case in Ahmedabad court.
The cheque bounce case is to be filed at the place where the cheque has been dishonoured. Territorial jurisdiction in respect of cheque bounce case is where the complainant (holder of cheque) keeps or maintains his bank account. That cheque was dishonoured at Ahmedabad where the complainant maintains bank account.
So, the forum and place of action are correct. Therefore, the court will not interfere in this matter. This case will not be transferred to the place where you are living. No need to file any transfer petition.
You have an alternate remedy i.e. compromise this issue with the bank You should approach the Bank and try to settle this issue with mutual agreement. In the settlement process, you should insure the bank that you’ll pay the outstanding along with the cost of litigation. If the Bank accepts your deal, then it may withdraw the case on the basis of that settlement. Otherwise you have to face the trial.
My brother-in-law's wife is frequently threatening my mothers in-law that she would make a complaint to the police that she (my mother in law ) is harassing her (my brother in law's wife) and threaten to put her behind the bar. My mother in law's age is 72, and my father in law is 89 years. They are both feeling threatened. I am the son-in-law. My in law stays at Asansol in west Bengal, I am staying at Noida. What to do in such a situation? Should we make a complaint to the local police? My brother in law is protesting against his wife but is not able to do anything.
In this situation you should send a complaint in writing to the police commissioner for taking appropriate action against your daughter in law. Explain the act of threatening in detail. Don’t make superficial allegations.
If possible, state the act of threatening with date and place. Also mentioned in whose presence that allegations were made.
If she files any false case against you then your complaint will protect you against arrest or other coercive action of police. You can seek a stay of arrest or anticipatory bail from the court.
If the court finds that the accused has already stated the act of threatening to the concerned police officer, the court will provide protection to you and your wife till the completion of the investigation. The police shall not arrest you during the investigation.
