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Parthiv Pathak   26 November 2013 at 13:14

Custody of a child from wife's family

Respected Sirs, I have got very accurate answer from this Forum and indeed you all are doing a very commendable job. As I do not have any specialization in Family Law, request any of you to advise on below issue which pertains to one of my friend which stays at Virar. His wife is no more and family has forcefully kept the costody of his child and they say that they will return only when the child turns at 18. My dear friend wants custody of his child soon. Please advise. A detailed note is as below for better clarification. On advise my friend will meet any of you in person for better clarification but for the time being he needs a formal advise from me. So that is letter is put up here. Please advise after going through. I will be very obliged. Thank you once again.
__________________________________________
I got married in 14th

life through out the life time but the in-laws people every time disturbs my wife (Preetha) calling them

to their place (mostly one of her sister named Prameela who is mostly spoiling every body’s life along

with one brother named Praveen and her elder sisters daughter Swati). Most of the time she was at

their place and even after my marriage I lived like a bachelor. My wife was very much fond of family

living

And the above people doesn’t allow her and she is also afraid of them. I have warned the above people

but all invain. Whatever the above people does and finally they blame to my wife only. I tried to

convince to her to let me know the problem what you are facing but she refused to say and told will say

later.

One of the brother of my wife named Pramod who is at America has helped her for studying Fashion

Designing at Singapore and claiming that they have spend 18 Lacs to her study and she spoiled the

money. This is the story before I getting marry to her. I repeatedly asked her problems and she told

that the money was misused by her sister Prameela & brother Praveen and blames it on her. The said

person Pramod is also playing a role in the above game as he is not having a Kid and he wants the Kid.

One day her brother Praveen along with her mother, sister Prameela & her son Rahul, Swati and one

of the cousin Lal went to her brothers place at Nagpur and the death has happened over there on 13th

August 2011 saying that she was dies due to silent attach. They have shown / provided me the Post

mortem report and death certificate till date. I repeatedly asked her brother Praveen regarding the

same but he escapes giving some excuses. As per Praveen wife (who is a good contact with me and

knows my problems and informs me if anything wrong happens) the certificate has received by them

and not providing to you. She is recently married Praveen and not happy with the family’s atmosphere

or characters.

Now the problem is I am having a 4 year old daughter and want to take custody of her from them and

the same was informed them to many times but they are refusing by saying that till 18 Yrs we will not

give you and she is a girl. Frankly speaking I am not happy with the way they are treating my daughter.

She never gets the foods regular intervals. They provide the lunch at between 2.30 – 4.30 pm only. If

she doesn’t eat they push it into her mouth with uttering loud voice and all. They even don’t have a

family culture at all. All wakes up between 9 - 10 AM only. My daughter’s health is very weak. She

is also having some minor asthma problem, cough and cold. They are also not giving proper bath

every day to my child which leads kujali at her body. These people are not looking after the child in

appropriate manner and they talks rudely and loudly with my child and in turn she afraid of all these

people and obey what they says due to fear in her mind.

They are not bringing my child to my home and not sending along with me to my home or my family

members house with some reason that she is not well or it is very hot do not take her out etc. They take

her at their houses at any time most preferably at noon only even if she is not well also. My daughter

always comes with me but now these people set her mind with fearful. Do not go to fathers home

as there are lions and tigers which will eat you. While asking my daughter she told that Prameela has

trained her to say that way. She is very fond of with me and every weekend I meets her she stays with

me till I leave that place and waiting for the next weekend as she is getting much love and affection from

November 2008 and it was an arranged one. We were enjoying a happy married

me.

They have taken admission in the school at Kalyan where they currently stay. But they are not

sending her regularly to school as the school is very far away from their home. They have taken the

admission without informing me and informed the school management by spreading with some

miscommunication about me like I am not good and not having the financial capacity etc. They have

also not provided the school details to me. They are also teaching her to say lies. Every day I calls her

in the morning, afternoon & night. They will pick the call only after number of trials to handover the

phone to my child. If I call in the morning they say she is at school but she may be sitting next to them.

If I call in the afternoon, they insist the child to say I just came from school call later like that. All these

facts are informing me by Praveen’s wife as my child may be sitting with here during my call comes. My

daughter is interested to go to school. If I ask her why not gone to school, she says mummy (Pramila)

told not to go to school. They are spoiling my child and wasted her one year school.

These people only want money and keep my child as a tool. They collect money from wherever they

gets by saying my child name for school fees, for medicines and other expenses etc. Some of their

family members are favouring me and they informed the above people to handover the child to me.

I am totally disappointed and not in a position to what to do. You are requested to suggest how can

I go ahead to get the custody of my child. I am trying to avoid a quarrel and do not want to spoil my

daughter’s future.

• Is there any option without approaching the court to get the custody of my child as I am the

father of the child?

• Can I go for a police complaint saying that they are keeping my child jabardasti in their custody?

• If I go for a court case how long it will take approximately?

• I am planning to settle down at native place (Kerala) along with my family members who

will take care of my child as their own child than these people. Can I take my child without

informing them to native place as I am not hijacking the child as she is my daughter? If I take

such steps, can file a court case at there?

• All my family members, relatives & friends circle are asking how they can keep your child after

the death of your wife you are right person to keep her and they do not have any rights to keep

the child.

Also note that I am not financially down and have sufficient capacity to look after my child. They have

tried to let down me financially but I have survived from all such things.

In view of above you are requested to give me the guidelines to enable me to take custody of my child.

Awaiting your immediate feedback on the above matter as I want to save my child’s future from these

people.

Hope I have mentioned the matter clearly. If anything is missed out will inform later.
_________________________________________
With regards
Parthiv Pathak

YOGESH KUMAR   26 November 2013 at 12:15

Rules regarding termination of services

Dear Sir,

I Am working in a MNC company as executive accounts with salary of 23k, i want to know the rules of termination, and how many months salary reimbursement i am liable to receive from company, also refer the suitable act and section for the same.

Thanks,
Yogesh
9560220725

lakkesh   26 November 2013 at 11:00

Unregistered documents. any provision for limitation act & spesific relief act for posision holder

how to registration of that land which shows records of government land, my parents are agriculturist, which the land is agricultered from past 20 years, 20 years back one of our village person
.....(sold for rupess 9000 for 3 acres of land, & 30000 for 2 acres of land other part of land with registred in one same boundary,),.....
with unregistered documents & and after 10 years the person was died. now the land revenue serviour told that this land is government land & now some persons in our village there are threatening by telling that this is a government land you are not able to continue agricultural activities in that land.....
at present what can we do with that unregistered documents of 3 acres of land , which is now in government land /records.
now where to we approach the land issuee. and plase advice , how to save our 3 acree agricultaral land in Tamil Nadu .


this question i asked preveious week.

i want some sugestions about this case can i elegible to get any land grants from government from district collector & any provisions covers for unregistered documents. any provision for limitation act & spesific relief act for posision holder in the said land

Samuel Raj.W   26 November 2013 at 10:37

My salary settlement issue

Dear Sir,

I was working with vasan eye care hospital Erode as AGM operations .I was been suspended by the employer orally for one week.
Reason:
* Cash rotation in daily collection
* miss match in denomination in cash note with CMS deposit slip but the total amount is correct

They conduct an internal audit in 20th june for cash verification & other stock verification, they din give me the audit report.From 24th june 2013 I have suspended from my duty .They have not paid my salary
for days I worked.Daily i will call to my head office for the salary but no reply.I was stayed in company accommodation with my family,at the time of suspension chairman said that I you join to any other organization I will publish this matter in news paper so till the audit completes you have to wait I have waited for two month at home with out job in company accommodation.
then I got my reliving order through my mail from the company.

Then I have approach labour office for my salary settlement for the month of June,July & August .At this point of time they submitted the internal audit report,stating that I am liable to pay Rs.350000.the audit report is totally a fake statement for Example.
* my last working day in the company is june 23rd but the internal audit report says that 3rd july cash was found shortage.
* then optical frames 485Nos worth 213000(purchase rate)MRP(642000) was found missing.

if this is the situation how come they can issue the relieving order,But when I ask for the salary settlement this kindly of fake statement is issued by the company .

what should I do now kindly advice me in this regard.

Samuel Raj.W
9443775316































































Samuel Raj.W   26 November 2013 at 10:34

My salary settlement issue

Dear Sir,

I was working with vasan eye care hospital Erode as AGM operations .I was been suspended by the employer orally for one week.
Reason:
* Cash rotation in daily collection
* miss match in denomination in cash note with CMS deposit slip but the total amount is correct

They conduct an internal audit in 20th june for cash verification & other stock verification, they din give me the audit report.From 24th june 2013 I have suspended from my duty .They have not paid my salary
for days I worked.Daily i will call to my head office for the salary but no reply.I was stayed in company accommodation with my family,at the time of suspension chairman said that I you join to any other organization I will publish this matter in news paper so till the audit completes you have to wait I have waited for two month at home with out job in company accommodation.
then I got my reliving order through my mail from the company.

Then I have approach labour office for my salary settlement for the month of June,July & August .At this point of time they submitted the internal audit report,stating that I am liable to pay Rs.350000.the audit report is totally a fake statement for Example.
* my last working day in the company is june 23rd but the internal audit report says that 3rd july cash was found shortage.
* then optical frames 485Nos worth 213000(purchase rate)MRP(642000) was found missing.

if this is the situation how come they can issue the relieving order,But when I ask for the salary settlement this kindly of fake statement is issued by the company .

what should I do now kindly advice me in this regard.

Samuel Raj.W
9443775316































































srinevasarao   26 November 2013 at 10:32

Wrong survey number

Dear Sir,
My Father purchased a land on 1995 in Andhra Pradesh. At present my father and seller no more. Now 2013 i and my brother both are equally to be taken out. But we found in the registered document survey number was wrong. Land area is 2.48 cents. This Land having THREE survey numbers and all are together. All the land was registered in 0.13 cents survey number land only. Remain Two survey numbers not mentioned in the registered paper, but boundaries are written correct included whole Area. From 1995 till date we using this land. At the time of partition we find this fault.
Mr Query is:-
1)Seller side persons will not come/they are not available,
2)How to correct the survey numbers
3)Is to pay at present registration charges or 1995 registration charges, (All three survey number registration charges are different)
4) How register dept registered less quantity survey number land to be registered beside survey number land.

I requested pl. help me, HOW TO COME UP FROM THIS PROBLEM.
Eagerly I am awaiting your Reply Pl.

Regards

K.S Rao

amar   26 November 2013 at 10:31

A office colleague is not repaying back the debt

Hi,

One of my office colleague, who had joined recently, had to travel to his hometown-Kolkata. Since he wanted to reach urgently, he asked for a favor for a air ticket, amounting to 11500 Rs. from me and promised to repay me back in couple of days. He was supposed to come back to Ahmedabad in few days.

But now he has been terminated from my company due to some reasons and he is not going to come back, neither he is repaying back. He keeps on promising me that he will repay in couple of days whenever I give him a call. It has been a month now.

Kindly guide me, how can I get my money back. Can I register a FIR against him in a local police station.

Thanks,
Amar Gandhi

Disha   26 November 2013 at 10:12

Legal assistance for live in relationship

My Sister-In-law was in love with a person for the past 7-8yrs. From about last 2 yrs they were in a live in relation.
Now she has come to know that this man is already married and has 2 kids too. by chance she visited his home town and got the shock about it.
Is there any legal aid available for her. She was cheated in a most burtal manner. Can she file a case against him. We were thinking that a Cheating case and also defamation as his lie has thrashed her reputation. Our family would introduce him as future son-in-law to all the relatives n friends.

We wish to take serious action against him. Please suggest what are the options available. We have been suggested to first file an complaint against him to police. We will be doing that soon. But want to know the law and remedies available for her.

Thanks for the help!

Bhuvan   26 November 2013 at 09:37

Section 125 of crpc interim order

Hello Experts,

In my case judge asked me to prove that educated wife is not eligible under section 125. By your help i got Damanreet Kaur vs Indermeet Juneja case.

I presented this case in court and her lawyer was asked to present rebut of this case on next hearing.

On next hearing i was asked that my case in put under orders. and after 2 weeks of this, my lawyer called me and said that Interim order is passed to pay maintenance and litigation expenses.

Please suggest what to do among below , as i am not working from last 1 year and my basis expenses are borne by my parents.

1) revision/challenge the order
2) do nothing, and wait for her to file recovery.
3) any other better option?

Thanks

Anonymous   26 November 2013 at 00:19

Pls help about HBC.

I want to objection to charge sheet for delete a section, which is not attract, at the HBC stage.
Can I file objection ORAL or In writing ? If in writing in what provision under CrPC ?
Pls help.