Husband has been served lawers notice under the Harijan Atrocities Act
Querist :
Anonymous
(Querist) 25 April 2011
This query is : Resolved
Dear Sir/Madam
We are NRIs who went to india for a holiday and got involved in a neighbours dispute regarding border.
There is a private road approach to around 6 households into which the Neighbour was building a boundary wall . Since the wall was built in a way that bigger vehicles would not have access into the private road, the 6 households including my in-laws .When the talks did not bring results, they have filed a civil case against the neighbour.
This neighbour being a Harijan has filed a case in return saying that my husband and his brother physically assaulted him and that my mother-in-law and all the other 4 households have verbally abused him . He has excluded one household who belong to harijan caste. The lawer has asked for 5 lakhs as compensation.
Since my husband is now not able to come back . He was not involved in the initial discussions regarding border either. HIs Brother who is the other accused in this case has a medical condition because of brain damage , following an accident which causes him to have adverse reaction under stress. This case is now causing a lot of stress to our family .
Could you please help to counter such misuse of the judical system .
R.Ramachandran
(Expert) 25 April 2011
You have to engage a lawyer and defend the case. The case can definitely be defended successfully. You need not pay any compensation and that too a whopping sum of Rs. 5 lakhs. Better consult a lawyer.
Querist :
Anonymous
(Querist) 25 April 2011
Dear Sir,
Thanks for the quick reply. We did consult a local lawyer and have been told that Even though it is a misuse of the rule, these cases are usually in favour of the person and that a compromise is the best way forward.
Is there any special forum where we can look out for lawyers who can help us ?
Are there any special rules we can use to defend these cases ? Also my husband needs to return to the UK . Therefore time is of essence as well .
The case has been framed in such a way that the people who belong to the caste are avoided. Friends are advising us to sell property move out into areas which has more "forward Caste" people .
After more than 50 years, it seems as if now the caste system is working in reverse. Other than compromise , is there a way to get a quick settlement ? The person had initially filed a police case where the other family belonging to the same caste was also included. therefore police refused to file the case and now he has sent the lawyers notice .
Thanks and Regards
R.Ramachandran
(Expert) 25 April 2011
It is only the legal notice that has been served.
By entrusting the matter to a lawyer, you can give appropriate reply to the notice. You have to say in reply to the notice that you did not say anything to the other party - you don't even know what caste they belong to. Therefore the question of telling anything to them much less abusing their caste etc., does not arise at all. In fact, their allegations are a counter blast to the civil case filed against them in regard to the construction of boundry wall.
Your husband has to quickly get visa and go to UK. That has to take place quickly. That is all.
The case, if at all any, will drag on. In any case, you can apologise before the court at any later stage if it becomes necessary. The question of paying compensation that too to the extent of Rs. 5 lakhs etc., will not arise at all - this I am saying despite the fact that you might have received a legal notice.
You have not indicated where is the property situated?
Querist :
Anonymous
(Querist) 25 April 2011
Dear Sir,
The property is located in Kollam District of Kerala. My husband already has the visa, he can travel any time . However he is in dual mind to travel because the Notice is against his brother and aged mother and the stress to the family because of this.
Thanks and Regards
Debasish Hota
(Expert) 25 April 2011
Since he has issued a notice , he has no intention to initiate a criminal case.Definitely he has intention to grab money. You consult your local lawyer immediately. Initiate a criminal case on the basis of that notice.The misuse of S.C. and S.T. ( Prevention of Atrocities) Act can not be avoided in your case. I agee with the view expressed by Mr.Ramchandran also.
