s.k.majumdar
12 April 2014 at 12:55
Sub: Case of Harassment with an intention to destroy the amicable relationship between Husband and wife
Dear sir,
The following points are for your kind perusal and urgent kind advice.
i)My daughter recently married and is living happily with her husband (an IIT+IIM alumni) in Delhi because of her husband’s service in Delhi.
ii)My daughter completed her Engineering from Nagpur. During her study period in Nagpur, one local boy from Nagpur befriended with my daughter and taking the advantage of her simplicity, took some photographs with my daughter. May be some chatting was done through Mobile apps between them. The boy, who is merely a graduate, assumed that my daughter will marry him one day. My daughter being a professional one does not have any intention to marry the boy since the match was an incompatible one and gradually it was revealed that the boy was a notorious one in Nagpur.
However,no formal engagement through registry marriage was made between them.
iii)Now this boy from Nagpur, post marriage of my daughter, somehow managed to get the Mobile no. of her husband and called her husband in Delhi and informing him of the association with her wife in Nagpur and disturbing her husband every day of the relationship the boy was having with her wife and even threatening to send the chat details and photograph to her husband. The motive is very clear and that is to destroy the relationship between my daughter and her husband.
iv)Because of the above situation all of us in the family specifically my daughter are tensed and do not know what to do.It may be a possibility that her husband in due course of time may be suspicious of the character of her wife, if such continuous phone calling by the notorious boy is made, which may ultimately lead to the marital discord and divorce.
v)My son in law wanted to file FIR and told me to file the FIR in Jamshedpur where myself live because my son I law may not be able to pursue the case due to his hectic office schedule. We are in a fix and cannot understand what to do.The phone call is from Nagpur to my son-in-law in Delhi and myself living in Jamshedpur(Jharkhand) that is in three different location.
vi)We have thought of the following options:
a)To file FIR. If that is so,in order to be legally tenable, from where the FIR to be lodged, From Delhi or Nagpur or Jamshedpur.
b)To Fire the Nagpur boy over phone whenever he makes such calls(Although I know that he will not desist from calling)
c)To close the Mobile connection of my Son in Law
vii)Under the above situation pls. advise what will be the best option available to us to kill this matter once and for all.
Amitava
12 April 2014 at 12:51
Sir, My mother owned a flat in her name in a co-operative housing society, she passed away without making any nomination or a will. We are 4 siblings and want the property to be transferred in the name of any one of us. Kindly let us know the proper procedure for the same and reference to any law/act for the same.
DV victimmmm
12 April 2014 at 12:34
Dear experts
Here are details of my case:
Wife went to brother's marriage in Nov 2010 and never returned back.She first filed DV case in Nov 2011 which was dismissed by JMFC court in Feb 2013. She filed appeal but did not contest it till date.After DV got dismissed ,she also filed crpc 125 with same allegations and same words in family court.
Some of the allegations which are already disproved in the dv case are:
1. I tried to kill her
She told in her cross examination that she does not recollect the incidence or the time or place of the incidence. She said the same thing in crpc 125
2. She was not given medical treatment during pregnancy
I put all the medical reports and documents in the court. She admitted that she received the medical treatment and visited all the doctor mentioned in my evidence
3. She was confined in my house for all the time , she never went out during her stay of 2 years of marriage
She admitted that she completed educational courses while she was married to me and used to go out to attend classes and she also visited her father's house at least 10 times in 2 years
4. My wife also said that she is not working
I summonsed the head mistress of the school where she is working.The head mistress submitted 2 different letters of her salary details and accepted that my wife is working in her school. She also told the court that my wife is MA(English) and completed her B.Ed. this year.
The only extra thing that she told in crpc 125 is that she wants to cohabit with me now. So the family court judge used to tell me that though she did mistakes earlier, I should forgive her now. But I had told the judge that the allegations are very serious and I can't take her back so I have filed divorce case.
Finally the Family court judge ordered me to pay 8 thousand in total to wife and my child.
I have no problem in paying money to my child. But as wife is working and earning almost 20 thousand ( 15 thousand /month salary with 7 thousand basic salary and PF facility provided by school) from job and taking private coaching classes.
Please guide me what should be my course of action.
I have not seen the judgment yet and don't know the grounds on which the maintenance was provided
Abdul
12 April 2014 at 11:53
Hi,
I am Abdul. This is the extension of the resolved query by me on link http://www.lawyersclubindia.com/experts/Want-my-family-together-461701.asp#.U0jUvU3ra00.
As of now I have left the house in her name after the police entered the house forcefully and did the act with her support entirely against the law. For that I had filed a complaint to the ADGP and a copy to the home minister against the police on 17.03.2014. Waiting for the action, but it seems they try it to make it floating. Though my lawyer told me to act tough like filing a suit against her so that she wont be able to sell it or give it for rent. But I haven't gone for it as I tried to finish the divorce legally in a mutual consent as per majority of u experts.
But now the problem is she is not showing much interest for it and likes to add more terms and conditions and she is not revealing those. I am fed up with her. When I tried to talk to her over her banks land line (she will not attend her mobile) she is threatening me with filing harassment case.
Now I am in a mind to go for another marriage as she is delaying the things. What I want to know is if I marry another one under Muslim law without pronouncing thalaque, what are the consequences I have to face from her apart from 498a?. As per my knowledge I have to maintain my kids whether divorced or not, but doesn't have give maintenance to her as she is earning well as a bank officer and having two properties in her name, one in Calicut and one in Bangalore.
Pls advise me.
SANKET UPADHYAY
12 April 2014 at 11:49
DEAR SIR,
THIS CASE IS ON THE STAGE OF FINAL ARGUMENTS.
APPLICANT IS MADE ALLEGATION LIKE MENTAL HARASSMENT,PHYSICAL HARASSMENT,TORTURING,AND OTHERS.BUT THERE IS NO PROOF OF ABOVE MENTION ALLEGATION ON RECORD.MY QUESTION IS...
1) CAN WE ARGUE OF ABOVE STATEMENT(NO PROOF OF ALLEGATION)?
2) HOW CAN COURT JUDGE THIS TYPE OF ALLEGATION?
3) WHAT IS THE CRITERIA TO DECIDE THIS TYPE OF ALLEGATION?
REPLY PLS.
PREM BAHADUR
12 April 2014 at 11:43
Dear SIR....
I WANT TO GET SCHEDULE CASTE CERTIFICATE IN INDIA,AS I BELONG TO SC CASTE AS PER NEPAL GOVERNMENT..AND I HAS CERTIFICATE OF NEPAL GOVERNMENT THAT THIS BOY AND HIS FATHER BELONG TO SC CASTE..NAMED PREM BAHADUR SARKI AND FATHERS NAME IS DHAN BAHADUR SARKI...BUT IN INDIA MY NAME IS INVERTENTLY RECORDED AS "PREM BAHADUR" AND FATHER'S NAME IS DHAN BAHADUR IN ALL EDUCATION CERTIFICATES AND VOTER ID,PAN CARD ETC...ACCORDING TO INDIAN GOVERNMENT SARKI BELONGS TO SCHEDULE CASTE...SO IN THIS CASE AFFIDABIT CAN HELP ME...Could you please tell me ..whether an affidabit can prove that both the name belongs to the same person...i.e me....please reply,when i will apply for caste certificate in india...please reply
Arjun Jaganathan
12 April 2014 at 11:37
I am holding 100 shares of a reputed company. I decide to transfer the shares to my wife and make an application. The shares get transferred to a third person and where by i incur heavy loss.
My question is
1. Can i sue the share trading company for "Deficiency of Service" under Consumer Protection Act.?
2. Since am into the share trading for profit motive, will i not come under definition of "Consumer"
3. Where can i seek remedy for this problem.?
gagan anand
12 April 2014 at 10:43
Dear Sir,
Mr. A bought a plot of land jointly with his sister B. The exact share of each of them was not specified in the registry. A few years later they constructed a house on the plot. Mr. A lived in the house all the time while his sister lived away. Mr. A was not married and did not have any wife and children, while his sister B was married and had a husband and children. Mr. A died without leaving a will or a nominee. His mother and father were also not alive and he did not have any dependents. Who will now own the undivided share of Mr. A in the property after his death.
usha
12 April 2014 at 10:42
We are a private limited company and want to form emploee welfare trust. Please give me the sequence of procedures to be followed, format of trust deed and by laws.
Can we form the same as private trust?
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Taxation of non registered trust under section 12aa
Dear Experts,
There is a trust which is established in the year 2012 (2012-13), until know it has not obtained registration under 12AA. However, it has raised General donation of Rs.300000. Specific fund Rs.100000 during the year 2012-13 and incurred expenses toward the objects Rs.120000. Now, (2014-15)the trustees want to obtain registration from the Income tax submitting audited financial statements and activities along with other documents.
Appreciate your valuable expertise for the following queries.
1. is the trust liable for tax, since it has not registered under 12A from Income tax?
2. if liable, on what amount and rate the trust needs to pay the tax?
3. is tax to be paid on both the donations general donation (Rs.300000)and specific donation (Rs.100000)?
4. if registration granted, will it be retrospectively?
Thanking you in advance