Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ZAHEER HAMID KHAN   23 October 2018 at 12:50

Rules for divorce under special marriage act

Dear Experts,

Please hep me with information on rules for filing divorce if the marriage is performed under special marriage act.

1. Is there a separation period necessary if the divorce is to be filed on the grounds of cruelty.
2. Is verbal abuse, physical abuse by wife to child in front of husband and thrashing husbands parents out of the house comes under the cruelty if proven with evidences such video/audio recordings.
3. If the parents are separated by wife as a condition by wife then can the husband desert the wife and accommodate with parents and file for divorce immediately on grounds of cruelty.
4. If the wife is beating the child and abusing the child in front of husband can be termed as cruelty.

Please provide your opinion I want to file a divorce petition on the grounds of cruelty, we got married under special marriage act in 2012. Currently I have moved my parents as it was demanded by my wife. My wife currently blackmails me and threatens me to harm my 4 month old daughter if I decide to accompany my parents. Now she is not even allowing me to visit my parents and take my daughter to meet them. Please provide me your opinion as to how should I proceed to file a divorce.

Thanks
Zaheer Khan

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Khema Nand   09 October 2018 at 13:21

Is register a false complaint with delhi police a crime ?

On dated. 28.12.2006 my wife has registered a false complaint with DCP east regarding miscarriage due to beating for
that reason she operated and dowry demand.

Actually Fact

1.

She was sufferging from ectopic pregnancy disease and for that reason she operated and doctor deposed the same fact before the hon'ble court that she was suffering from ectopic pregnancy disease and for that reason operated and as per report of ultrasound there is not any external injuiry mark on the body of my wife. As per statement of s/o my Land lady we did not beaten to her

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Anonymous   08 October 2018 at 13:00

How do i get my experience certificate from my ex-employer?

The context of my leaving was simple. I had intimated to my manager that I needed to leave urgently for personal reasons but he refused to accept my reasons and resignation. When I left later on without serving a notice period they sent me a show cause notice claiming abscondment (which I didn't because I had fully offered to buy out my own notice period and had intimated that I intend to leave). Later on they claimed as a part of full and final settlement I needed to pay 2+ lakh rupees to get my experience letter issued from the company. Since I didn't have that much money on me after leaving, I decided not to pursue the matter any further. An year later, the company merged with another IT giant and consequentially no one I know is working there anymore. I went on to do a masters and joined another company afterwards without the experience letter posing any issue. Now, I have been offered another job which I am quite keen on pursuing but they are insisting on an experience letter. Any ideas on how to get my letter?

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Ranbir   08 October 2018 at 06:44

non payment of salary

dear sir,
I am from westbengal Darjeeling and was working as a teacher in school in Bihar and provided my service to the said school for two months and the school denied to provide me the salary for working in the said school and even their are other teachers who were not provided with salary now what steps can I take to get my salary that it is the regular practise of school not to pay salary to its employees sir please help as I have returned to my house

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Tapas Paul   15 September 2018 at 00:15

Receiving letter from previous employer legal department

Dear Sir,
I am Tapas Paul, on today I received a letter from company legal dept. against I has been violated company policy and for this they demanding 75000 rupees me. Whenever I accept the offer letter from company, I signed a contractual bond for serving with company for two years. But after completing the 10 months I was leave the job with knocking the notice period of one month. I was decided to leave the company because my senior was not supportable, he pressured me to complete my monthly target and also the support system was not good of the company and for the reason I was decided to leave from the company. I also described my issues and problems to my senior manager and then he was suggested me to sent a mail with mention the date of my last working day. After then I received a mail from company for complete my exit formalities and also I fulfilled this. Now the situation today I received a notice from company legal dept. against whenever I was leave my job before the bonding period, I am bound to pay of rupees 75000 to company. They was given 15 days to me for pay the amount otherwise they take legal action against me. So on this situation what can I do please help.

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vandana   13 September 2018 at 17:54

Regarding the salary and pf after leaving job

I have joined a school in March 2017 and resigned on 2 July 2018 and served one month notice period and got released on 31 July 2018 now the school is not giving the salary of June. And they have deducted the salary of 6.5days in July also but iIwas having leave off days in July. Can they stop salary of June ND cut the the salary of July for more than two days

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Anonymous   12 September 2018 at 13:54

F&f delayed with less amount

Dear Concern I have resigned on 1st June from the company. As per the contract I was eligible for a notice period of 30 days, which I duly served. The Exit Communication stated f&f settlement maximum by 30-45 days, post completion of same I dropped a mail for inquiry, further which they promised to have it done by the second week of September . On the 67th day from LWD , I received a mail containing a sheet for approval on amounts before 3 working days, I would like to confirm points as below - 1.- Can I file a compensation for delaying the fnf process if yes, how much? 2.(a)- Incentive earned in the month of May, were to be settled in the month of June, which is still not included in the fnf calculation , 2.(b)- Incentive for the month of June(notice period) - Am I eligible to get the notice period incentives?? (Company changed policy w.e.f july - From july onwards the incentive earned during the notice period will not be given) 3.The Performance linked Incentive included in the CTC are pending from 1year 1month . Can I claim that post resigning too?

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Kirti Sagar Singh   16 August 2018 at 01:17

Full and final settlement was not done by employer.

Dear Sir/Madam,

I (Kirti Sagar Singh) S/O - Mr. Jitendra Narayan Singh, was working with Emkor Solution Limited (CIN - U74140DL2012PLC229812, Registered address - 511/2/1 RAJOKRI NEW DELHI DL 110038 IN, Corporate Address - 345-348, TOWER B SPAZE ITECH PARK, SECTOR 49 GURGAON 122018, latter shifted to - UNIT NO- 547,549 & 550, FIFTH FLOOR, TOWER B, SPAZE ITECH PARK, SECTOR 49, GURGAON 122018) E-code 1051 from March 20, 2013 to December 04, 2015.

Emkor Solutions Limited is holding my last three months’ salary (September, October, November, till 4th December 2015, and previously declared bonus. They have also deducted TDS on amount part of my agreement, and issued the salary slip. However, payment has not been made.

As per letter given by Employer, my Full and Final settlement should have been processed within 120 days from my last working days (December 04, 2015).

I tried to approach the employer (Emkor Solution Limited) including MD CEO - Mr. Vikram Dham (DIN – 05153494) through various mode in this regard. However, did not receive even a single revert. I am still waiting for My full and final statement and employer is not responding. The company has also closed their operation now, however active with ROC/MCA.

I also registered Grievances with the concerned authority. However, did not receive resolution.

Could you please guide me the way forward.

Thanks,
Kirti Sagar Singh

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simran   14 August 2018 at 18:40

Situation with husband

Hello everyone,
I have a situation here and really need tome genuine support and guidance with my current marriage. Let me give you a background in multiple paragraphs since it too complicated for me now. . I come from decent north Indian family where parents have always given us traditional and modern values . But my husband if from Bihar where his whole extended family has directly indirectly taken dowry for their sons. My husband and I met through a matrimonial site an and when we started talking he made me believe that his thinking is not like his extended family and very much believes in respect and equality of everyone.

We got engaged and my husband asked me to invest in a house where we can start living as soon as we get married. I got excited and emotional and hence invested (say he invested 8 lkh and I gave 6 lkh , also 50% emi I give every month and I am the co-owner as well ). but then I noticed a bit of change in his behavior as he asked me money for our honeymoon ( out of 1.6lkh to be spent, he asked me to pay 1 lkh) , which I didnot like since our marriage was about to happen in few months and already i had put my savings in the house. Then too I thought that may be he needs support right now, I was able to give him 50k for the honeymoon.

After we got married, he told me that my family did not give them any thing in tilak and took them for granted and gave nothing like TV , fridge etc ( which as per me is dowry) and fought with me on this. I wasnt able to tell this to anyone because it was hardly a week I as married to him. Then I overheard him telling his uncles that the house we bought has only been bough by him and his dad ( which made me very sad and angry since I had invested all my savings for our house and his family was trying to hide it) .

In parallel, since we had decided that after marriage we will try to move abroad for job and will respect who ever gets it first the other one will come along and try to search the job. By God's grace I got the job first and we decided to move abroad and he also got a job in the meanwhile before we moved to the new place. While we were in India I was handling all the household things , maid etc and he handled just the rent. I tried to help because I thought he would be short of money since we both would have had some responsibilities in our wedding arrangement/shopping etc. But then suddenly he tole me that the about 1 lk of money which I gave him ( out of 6lkh ) for the house , he used to pay his credit card bill for his wedding expenses. This was again alarming for me and we argued and he pointed again that my family did not give them anything .

After a month of time, both of us moved abroad with new jobs where I earn slight more than him .He started asking me money to handle every expense of house saying I have taken some debt from friends and need to return them so you can handle at times the whole expenses . Also he started saying that he needs to save money for his sister's wedding and needs to send some money to his parents and help them buy a home ( which was never told to me before wedding as he had mentioned that everyone is independent and no one is dependent on him). This was alarming for me as he even asked me that for our home we would have to take possession in the coming year and he would need money from me (which was nvr decided between us when we purchased the house. We again argued and he kept on saying your family did not give anything and took us for granted. I was shocked to see his behavior. Then he started forcing me to put min 50% of contributions in all the expenditures and mentally torturing me about the dowry thingy directly indirectly. I do not know what shall I do right now.

I am terrified that what he might have his mind and hence I had reduced giving money for household things after all what happened soon after marriage. But because of so many heated arguments I am trying to put all the efforts to make things right and agreed o give 50% of the total household expenses( rent, travel, food, grocery etc) but then he keeps on making new issues every day, for example saying that you do not give me proper food, he keeps on saying that since you earn more you should give more in everything, as per him I should not think of helping my parents as my inlaws should be my priority, he also says I left India because of you and I do not like my job( though I told him we can go back whenever you want etc). He is also now trying to sell the house we bought (though we do not have the possession yet) but since I mentioned to him that the registration/possession money is something he has to handle he got furious and said that its better we sell it. This is all mental torture to me and I cannot discuss with my parents . Even his parents keep on referring to there other daughter inlaws that they gave this much of dowry or artifacts etc.

Lot of things are verbal communication between us which even if I want to proof in future I might not be able to . But the fact is it is completely a mental torture and I do not know what should I be legally able to do in future if he makes the situation worst.

Sorry its a long post , but I would really appreciate a genuine response and guidance.

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Patelparitosh Naginbhai   12 August 2018 at 15:49

18month Salary is not given by collage ,

Respected sir , my sister maulika naginbhai Patel is PhD in Gujarati subject from m s university at baroda , .. she is applied for the assistance professor at P N DOSHI WOMEN COLLAGE AT GHATCOPPER MUMBAI from news paper advertisement . She is selected after giving interew in on DOSHI collage . & Appointment letter is given as per UGC sallery mainsion ,& joining date & maulika is joining at that date , after that 3 month is going but salary is not given by collage , collage principal saying that no confirmation is given by university , at time of notbandhi collage principal say take some money in old currency , maulika is confusing that matter , but she is handicap & poor , salary is not started so she take the old currency notes , after one year complete but collage is not starting salary , &. Say to maulika resigned is given to this post , but maulika is not given resins ,. After 16 month collage termination latter & say not comming in college campus , & salary is not given from our collage , because university is not appointment to you because Gujarati subject students is not take addmition, in our collage .

Sir give the suggestion regarding salary & service issues

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