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Ajay Kumar

Posted 18-Jun-18 13:30 PM

IPC 302 328 Viscera show no poison what to do next

Hi I got merried on 17-01-2017. My wife left me with her relative on 20-01-2017 becasue she told to me and my family this marrage was done forecfully . We have small video prove for that. But i dnt want to show that because in that video she is repeating everything with my sister. After 3-4 months here parent start putting pressure on us. There were 3-4 meetings but no solution.One day on 09-07-2017 here grandfather and 5-6 more people came to my house and start abusing my family. Again on 10-07-2017 they took my father with them at aroung 10 AM. After 2-4 hours they came back with my father. My father was not conscious. Her grandfather and other peole leave my homme immediately. After some time my father start vomitting. We admitted him in the hospital there he died on 11-7-2017. We have launched an FIR under section IPC 302 328. But when we reciev viscera report after 1 year it doesn't show any poision. Please help me what we could do in this case. What i want ===>>I dnt want to live with that lady anymore, Should i file divorce . will it be effective how much alimony i will need to pay. In how much time my divorce will be granted.I want juctice in my father murder as well.Please call me on 7259909988. Regards Ajay K

Dear Sir,

It appears to be accidental death. Any how your sentimeents not permitting you to live with her. Please see following FAQs and take wise decision.

====================================================

 

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

======================================

Dear Sir,

 

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

 

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

 

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

 

2. What’s are rule and regulation for taking divorce?

 

Ans: It is given below.

 

 

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

 

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

 

 

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

 

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

 

 

5.Can I  take my son custody after 7 years from court.

 

Ans: Yes, even before that.

 

 

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

 

Ans: Rs. 5 to 6 lakhs.

 

 

7.On what bases this alimony and monthly expenses is decided?

 

Ans: On the basis of your personal income.

 

 

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

 

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

 

 

9.What is the difference between alimony and monthly expenses ?

 

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

 

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

 

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

 

 

11.Whether she can do any police complain against me or my family ?

 

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

 

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

 

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

 

 

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

 

Ans: YES, File quashing petition before the High Court.

 

14.I even want to know that what are strict norms are there for taking divorce?

 

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

 

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

 

Ans: Nothing to bother, your advocate protect you.

 

16.Yes she is working if she is working then I am not liable for her maintenance money

 

Ans: Yes, your burden will be lessened to 50 to 75%

 

 

17.what is section 487A IPC  in this can we go bail procedure before and keep it ready with us.

 

Ans: At the end given.

 

 

18.What is RCR? 

 

Ans: It is Restitution of Conjugal Rights filed under section  9 of Hindu marriage Act.

 

 

19.What are Section 498A and DV Act?

 

Ans: Given below

 

 

20.Under this act will I get bail or not?

 

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

 

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

 

Ans: No, law does not permit.

 

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

 

Ans: to her account.

 

22.What is Special marriage act and Indian Divorcee Act?

 

Ans: Please see below. Both applicable in India.

 

23.what is the procedure for taking bail?

 

Ans: Your advocate will tell you if you pay fee.

 

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

 

Ans: No.

 

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

 

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

 

 

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

 

Ans: If you have money and refuse then you will be sent to jail.

 

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

 

Ans: yes, police create a very good story and register FIR,

 

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

 

Dear Sir,

 

Your questions are answered as follows:

 

1.Can she ask me to come to her place or refuse to come to my place?

 

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

 

2.Can she file false dowry and domestic violence case.?

 

What punishment will be given to her for false cases ?

 

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

 

3.How long shd I wait for getting divorce if contested ?

 

Ans: About 2-3 years depending upon the tactics of other side.

 

4.How frequent can I get visitation rights of child and also during trial ?

 

Ans: Once a 15 days depending upon age and sex of the child.

 

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

 

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

 

6.Does separation count from the day she left or the day I stopped visiting her ?

 

Ans: The day she left you that is deserted you.

 

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

 

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Dear Sir,

 

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

 

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

 

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

 

2. What’s are rule and regulation for taking divorce?

 

Ans: It is given below.

 

 

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

 

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

 

 

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

 

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

 

 

5.Can I  take my son custody after 7 years from court.

 

Ans: Yes, even before that.

 

 

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

 

Ans: Rs. 5 to 6 lakhs.

 

 

7.On what bases this alimony and monthly expenses is decided?

 

Ans: On the basis of your personal income.

... Read More

Louise Ismail

Posted 17-Jun-18 14:09 PM

Family Court Custody Expert, SC

My child is in danger of her father with unsupervised visit today. There us a Bench ruling for visitation but no signed order. Is the Bench ruling enforceable?

Mikaila Carney

Posted 14-Jun-18 15:15 PM

Friend dog-sat for their bro, he left a note saying we could use the pool. There was a no trespassing sign, we had to be with a her bro to enter. Went in, left soon without using the pool

My friend was dog sitting for their brother (she is not a resident there) and he left a note saying we could use the pool. We got there and there was a no trespassing sign, we had to be with a resident to enter. We went in but I was anxious about the sign so we left soon after we entered. We did not use the pool or any facilities. This happened earlier today so nothing has happened yet but I have been really anxious about if they could charge us and there being serious consequences. This happened in Richfield, Minnesota, USA.

A Elava

Posted 11-Jun-18 13:12 PM

No defence evidence second marriage case

My husband second marriage case was in judicial magistrate court 2 mannarkudi more than 4 years.12th June judgement. Before that they mentioned no defence evidence. Evidence closed. Argument over.i would like to know the meaning of the above statement. Instead of me police filled the case.

Dear Madam,

It is a plice case and defense evidence means the evidence by your husband. If your husband does not 

wish to lead evidense then Court will decide the matter on the evidence led by State/Police. You will wait and see judgment.

... Read More

Posted 09-Jun-18 12:34 PM

What action we can take if the house Owner is not returning the amount back?

Before she was saying while leaving the society I will return the amount.Now she is not returning the amount back.

Dear Sir,

You can get issue a legal notice then file a civil suit. The other efforts are as follows.

==============================================================================

Bitter PIL for landlords, a boon for poor tenants

Petitioners, Dove Drive Without Borders Foundation approached the court contending that tenants in the city have absolutely no bargaining power during negotiations with the landlord for the quantum of money to be paid as security deposit. 


Extortion via high deposits demanded as ‘security’ bonds by landlords in Bengalurumust stop, says a group of petitioners — newcomers to the city and good Samaritans— have teamed up to protect the interests of tenants house-hunting in the city. The activists have filed a Public Interest Litigation in the Karnataka High Court addressing the interests of people who do not own homes but must rent housing under one-on-one tenancy agreements with landlords. Such laws already exist in states such asTamil Nadu and Bihar, says Wasim Memon, founder of The Drive without Borders Foundation.

The Foundation, a citizens’ movement that started with the objective of safeguarding the rights of motorists and road users in India and crusaded for a single rate of road tax in all Indian states, is leading the charge.

Waseem Memon said tenants started contacting him on their Facebook page seeking help when faced by Bengaluru’s inequitable rental market. He, a Hyderabadi himself, decided to do something about it.

In the absence of standardised rates for security deposits, it has become customary for landlords to insist upon high security deposits equivalent to 10 months’ rent. For example, a residential property with a monthly rent of `10,000 would command a security deposit of a lakh, while a property with the monthly rent of `30,000 would mean shelling out a proportionate deposit of `3,00,000. This earns the landlord handsome returns through interest earned on the deposits.

The problem is compounded when some homeowners arbitrarily and with impunity get away with deducting amounts of their choosing, posing flippant and vague causes such as ‘damage’ or ‘repainting charges’ as reasons for the deductions.

This unfairly raises the total layout for rent, and results in income loss through the loss of interest for, often, hard-pressed youngsters and recent economic immigrants.
Priyanka Patel, a young professional who started living in a flat in Marathahalli, shelled out `1.5 lakh around two years ago as a security deposit and was faced with no choice but to give away `56,000 to her London-based landlady, though she had agreed to only pay `30,000, ostensibly for “repainting” the property.At one time, the landlady threatened to keep their deposit money if she had any male visitors, even relatives, to the house.

Though the problem extends across all income classes and communities, the unsanctioned practice harms vulnerable groups of, often, young men and women who move to live in Bengaluru to be part of its booming electronics and IT industries, the region’s largest employers.

“Young immigrants and couples in junior positions in jobs who are new to the city are also badly-affected,” says Memon who is leading the group of activists. “They lose lakhs of rupees to landlords each year in the guise of one imagined problem or another. Going to court to establish the nature of the wrongdoing by a landlord is difficult, expensive and time-consuming and not considered a viable option by busy city dwellers. So, in the absence of legal recourse, tenants have little option but to bear the financial burden.”

The practice has become rampant and reached near epidemic proportions, he says: “Keeping this in mind, the Central Government’s draft Model Tenancy Act (first in 2011 and a revised version in 2015) seeks to update the law relating to landlords and tenants across the nation. It is a model law directed for the consideration of state governments. it will provide for a cap on security deposits for tenancy agreements at three months’ rent.”

The statute, if put in place, also seeks a retrospective provision where tenants who have their cash — greater than 3 months’ rent — stuck with landlords may ask for it back, and expect it to be returned within a period of 15 days. The citizens’ group, Drive Without Borders, a Facebook group, has sought a preliminary response from the high court within 21 days of the receipt of the petition.

 

Dove Drive Without Borders Foundation

S2, 2nd Floor, Olive Garden No.74, Benson Cross Road,

Benson Town Bangalore Bangalore KA 46 IN

akmemon003@gmail.com

... Read More

Bee Bee

Posted 06-Jun-18 16:55 PM

Visiting prisoners with demostic violence order in place

Hi my husband's mother is wanting to visit him but there is a demostic violence order in place and she was wondering if she can still visit him

Dear Madam,

After taking permission from court/jail authorities she can visit.

... Read More

Bethany Girard

Posted 06-Jun-18 07:40 AM

Vulnerable Adult Protection Order

So my boyfriend and I had a fight one day and I got physical first with him. He is schizophrenic. so he blacked out, choked me, anf hit me in the head with a pistol BB gun. It caused my head to bleed. I took pictures after. A few days later our friend was over and my boyfriend was in the bedroom talking to our friend. About an hour later they both ran outside and left without saying goodbye because that friend had told him that I had a knife in my hand and I was talking about murdering him ASAP. my boyfriend wouldn't talk to me at all and I didn't know why because bi had done nothing. I was angry and so I got a restraining order on him and now I wish that I could take it back because I miss him and it our friend hadn't lied to h we would still be able to see each other. I live on Washington state. I asked my lawyer if I could get rid of the order and he told me that I have to wait until the case gets closed because the prosecutor still has it open to see if they want to get anyone in trouble. Even though I never pressed any charges. What do I need to do to try to get rid of this and when am I allowed to get rid of itm

Dear Sir,

Your allegations are itself very serious. You may withdraw but with some conditions either on phone call or in personal meeting such suggestions can be given. 

... Read More

Posted 29-May-18 19:15 PM

Can I sue my former employer for wrongly accusing me and mentally harassing me?

Hi,I was working in a startup which is US based. I recently got terminated in probation for ?poor performance? of which no email trail is there with me. They did not listen to my explanations and just terminated. Fine. I was in probation so they need not provide even reasons. But when I asked for my full and final settlement, they accused me that I was working in some other company simultaneously and my colleagues had seen that in chat room. I was never working for some other company while working for them. They threatened me to remove review from Glassdoor. They provided me with full and final after I told them that I would go in court of law but can I sue them for defamation and mental harassment? They have many other flaws. They were never incorporated in India while it was mentioned in offer letter that they would be incorporated in January 2018 only. They had put me on a contract position with a consultancy firm and it is the director of this consultancy firm who has accused me and threatened me

Dear Sir,

If you have strong evidenced then you can file a case for compensation for defamation and mental harassment for unwarranted comments.

 

... Read More

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