Criminal Law

My wife may file false case under section 498 A

Sep 27, 2015 |

Dear Sirs/Madam, I got married on 12/02/2015..from day one we have a compatibility issue. I tried to sort it but I got failed. She is adamant; she misbehaves with my family member whenever they come to my home. She did not cook food. Recently we quarrelled over the very petty issue of not boiling water. Then she consumed phenol.

I am into a government job. I am very scared. I cannot live with her under such circumstance because she may do the same thing again on a small day to day issue. The Police station also wants me to settle down. Now, what should I do? She also takes sleeping and antidepressant tablets.

I have only a few receipts of it. She was on medication of the same but her parents did not tell me. Now, what should I do? Please help. I also gave an application to the SP office regarding the said incident of phenyl consumption and threatening. Please suggest what I should do.

Cunning wife demanding money

Sep 20, 2015 | ,

I want to get your kind advise on what to do in the case of my cousin who is facing huge harassment from his wife. He is only 12 passes out, living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the time of marriage.

It was an arranged marriage. After the marriage, the girl persuaded him to go to England at study visa. the father of boy borne the whole expenditure to send both of them to the U.K.

But only after 4 months, they both returned on the plea that weather there at the UK did not suit the girl. .the husband while staying a few months went to china. A baby girl was also borne then. When the baby was just 3 months old, the wife put pressure on husband and father in law, that she wants to do B.Sc nursing. Looking for her interest in studying the father in law got her admission in the city itself and college was just 10 km from home.

But soon after the admission, she insisted to study and stay in the hostel. Though unjustifiable, the in-laws bowed at her adamant attitude. Then She shifted her baby to Nani house in Bhatinda. Again the whole expenditure was borne by the in-laws family. After 2 years of study, she passed out and then insisted to do the job in LUDHIANA. i.e. a city where neither her in-laws lived nor her parents lived.

The husband was quite upset abroad decided to return to India. He along with father argued to return to Amritsar and do the job there if she wants to do. but she did not accept .her parents also argued but all in vain.

Despite repeated efforts when she refused to come back one day the husband, along with relatives in consultation with the parents of a girl used a mild force and anger brought the wife back. But this incident she reported to police that husband kidnapped her from the hospital hostel.

All of a sudden her parents also changed. now they are demanding a share from property to get rid of police harassment. Kindly advise what the husband does to save his parents. they already have spent 20 lacs on the wife. i.e. sending Uk and on higher education.

Fraud committed by public servant

Sep 16, 2015 |

Hello sir, my maternal grandmother has ancestral agricultural property in Alwar Rajasthan. She has the (integral )of this land on her name after the death of her mother but the registry is not done. The son of her sister take advantage of it and changed the intekal to his name by paying a bribe to the concerned tehsildar and patwari in the revenue department.

And then he gets the registry done of this land. After knowing it we filed a case against the tehsildar in revenue court as according to him it was a slip of the pen. can we file a criminal case against him under 420? If yes, what are other legal actions we can take against him? Thanks in advance.

Investigation in cruelty cases under section 498 A

Sep 4, 2015 |

Sir, I am a Govt servant in Police Dept in T.N. My wife has filed a false complainant against me and Police has registered a case u/s 498-A,342,327,406 IPC, Sec.3&4, 6(1),6 (2),6(3A) of DP Act 1961 IPC, Sec.3&4 DP Act 1961. In this case please advise me whether police Dept can initiate oral inquiry against me or not? And what are the rules regarding Investigation in cruelty cases under section 498 A?

Police officer not appearing in court

Aug 31, 2015 |

Sir, I am a central govt employee and my promotion is pending due to the ongoing five years long-pending case. the case is pending for police evidence though court summons issued so many time police officer not appearing in court. Please suggest how this case will be finished.

When the witness fails to appear in court or deliberately ignores the process of the court then the court is empowered under the code of criminal procedure to compel him and secure his appearance.

I am cheated by my boyfriend

Aug 28, 2015 |

Hello…sir I want to know that can I file a case against a defence personal who cheated me on the name of marriage and also make relation with me. While he was already married. After knowing his truth I didn’t want to marry him and now he is blackmailing me. What can I do now sir I am a medical student he ruined my life. Please help me.

You may file a criminal case against him under section 376 IPC for the offence of rape if he had established bodily relation with fraud. Before the filing of criminal case for rape, you should collect all the evidence which can establish the fact that your consent was taken by fraud and in order, to that consent, he established bodily relation. After the amendment in section 376 IPC by amendment act 2013, penetration of any object in the body woman is constitute the offence of rape.

Ossification test in rape cases

Aug 19, 2015 |

What is the ossification test for determination of age? Does it apply in rape cases? An ossification test, also known as a bone age test, is a medical examination used to determine the maturity of the bones in a person’s body. In the context of rape cases,…

Claim juvenile at any stage

Aug 19, 2015 |

Could a juvenile accused claim his juvenility at any stage of proceeding? A fact that accused was juvenile at the time of the commission of the offence is the most important fact. This fact can be raised at any stage of a criminal proceeding. Trial, appeal and revision are the stages of a criminal proceeding and accused can take the plea of juvenility at any stage.

Elements of dowry death

Mar 3, 2015 |

Sati and dowry death has plagued this nation for centuries. Sati, the practice of sending a widow to her husband’s funeral pyre to burn in it. It was first outlawed under British Rule in 1829 and 1830 under the Governor-Generalship of Lord William Bentinck in the…

Juvenile in absence of official record of age

Jan 12, 2015 |

What are the procedures for determining the age of a juvenile in the absence of an official record of age according to the Juvenile Justice (Care and Protection of Children) Rules, 2007? How can the court or board determine the age of a juvenile or child in conflict with the law if there is no matriculation or equivalent certificates, date of birth certificate from the school first attended, or birth certificate issued by a corporation or a municipal authority or a panchayat? When can a medical opinion from a Medical Board be sought, and how conclusive is it in determining the age of a person?

Presumption of Paternity in Law

Nov 17, 2014 |

My marriage was solemnized in the year 2009 and the child was born within 8 months from marriage. My wife is very shrewd and hush regarding her pre-marital life. I have some strong reason to doubt that child is not legitimate because she had some affair with a colleague and he had been very curious regarding the birth of a child. However, he never interrupted in my life but he has still trying to collect information about my child. Can I file a case for DNA testing for determination of paternity of a child?