Legal Questions & Answers
Questions => I had a small business of export in Delhi, which was not running well that time and during those days I met three persons in a conference / meeting for expanding my business. They persuaded me to put a fair /stall in UK with them so that we all can get more business and they had promised me that whatever money I put on business /exhibition, they will return me back. Due to their persuasion and promises, I gave Rs. 5,00,000/- to them by RTGS to organize a stall/fair in U.K. But after the exhibition, they are not returning /repaying my money and avoiding my calls. I have lodged a complaint in police station against those persons for breach of trust, dishonest cheating, and misappropriation of funds. But police did not take any action and due to their callous attitude of police, I had made complaint to the concerned SHO of police Station and made complaint to the ACP/DCP, but till today no action has been made by the police officials and the accused person seeing no action from the police officials are continuously threatening me for taking back my complaint. What should I do please tell me if police officials not taking actions against the accused persons?
Answer => You can file an application under section 156(3) to Magistrate for direction to the police to register FIR against the accused persons. Under Section 156(3), the Magistrate can order the police to investigate the case for which complaint has been filed before him; On passing of such order under Section 156(3), the police register an FIR and investigate the case and on conclusion of investigation, police files its Report (under Section 173), equivalent to challan / chargesheet. The Magistrate may or may not accept the said report. If he does not, then he may either ask the police to re-investigate or himself take cognizance and proceed with the complaint case without involvement of police. If he accepts police report, then it becomes a state case and then the State Prosecution comes in picture and complainant is relegated to back seat. If the report filed by police is closure report, and if Magistrate accept it, then the case is closed. The complainant can file an appeal against such order.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => Sir, I am married since last 4 years and since 1st day of my marriage. I am facing harassment and torture. My father in law and mother in law use to torture me and taunt me on very minute, depriving me of basic things including food. My in-laws are very rich and extremely materialistic and money minded person. They demanded lot of things from my family at the time of marriage and even after that they forced me to bring jewelry and cash, gifts from my parent's house. They took my ATM card, credit card and cash/jewelry. I have no money for myself, I am fully dependent on their mercy. My in laws specially mother in law and sister in law use to abuse me verbally, physically threaten me to throw out from house and taunting on what my parents had given on marriage. My husband did not say single words to them and he also had fights with me even on small and petty issues. Nor he maintains me in terms of money. He told me to leave the house. He beats me on the instigation of her parents and family. I have no Child. They abused me on child issue. What to do I am not able to understand. Now, it is becoming impossible for me to bear all physical and mental torture. I wish to go to my parents house can I file my case from my parents home? Please suggest and help.
Answer => An aggrieved women have to give complaint under section 12 of the Protection of Women from Domestic Violence Act before the concerned the Magistrate court from place where in you are presently residing. It is not necessary to file a complaint only from the place wherein you resided after marriage. A Domestic Violence Case can file before the court of the place where you reside. You can seek alternative accommodation, maintenance, compensation for mental torture undergone by you. Also you can file a complaint in women cell, and give complaint before the protection officer and that protection officers appointed by the Social Welfare Department in each district, she will enquire the domestic violence and file domestic incident report before the concerned magistrate for further proceedings. You can also file 498A complaint case and that shall have to be filed at the place where the incidence took place. You can send your complaint by speed post to the SHO of PS and copy to the Superintendent of Police. If police does not take any action file application before the court of MM u/S 156 (3) Cr.P.C. praying a direction to the police to investigate and act on your complaint. Audio recordings are admissible in evidence. It has to be proved that voice is that of the accused person and no tampering has taken place with it.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => Please guide me about the procedure of filling a divorce on the basis of mental harassment. I am going through a very bad married life. My marriage in one and a half year old . My husband since Ist day of marriage make me go against my parents and completely broke my communication with them. He disgraces gift times which was given by my parents, by saying all as third class and said bhikario ke ghr se uthaa laaya hu tuje and fought with me on every petty issue. He beats me like hell. Even after that I have tried to reconcile with them but they put conditions that I have to cut my expenditure and give full salary to my mother in law, Also said, if some day I leave my job, he will leave me too. My husband makes me inferior and compare me with every another girl by looking at those girl physical appearance. Within one month of marriage he critics on everything like cloth, jewelry, arrangement, parent, me, my siblings, relative everyone and everything, even I have not felt even for a moment that I have married to a human. Many times I was beaten like hell by them and was hospitalized for some days. My husband is a drunkard and he often drinks and abused me badly and many time made physical relations when I was sick seriously. He forcibly having unnatural sex with me when I was so ill and doctors advised me for bed rest. Please help me, my life is in danger. I can't survive and live with them.
Answer => At the outset, you file a petition for dissolution of marriage on the grounds of Cruelty, as you file the petition, you shall be requiring Evidence, collect all possible evidence to prove his mental cruelty such as record their statement abuses, it's all help you in getting decree of divorce.
You also file complaint in women Cell and Non cognizable complaint at nearest police station and get that complaint on record for divorce You can also file domestic violence case and the case starts with conciliation. During the medication/conciliation you recover your stridhan and dowry items, it is very difficult to take divorce after filling of divorce petition ,it is better to have conciliation proceeding so that by way of annulment a relationship can be dissolved. Also if you want divorce soon, that you should both do efforts for mutual consent. This will very easier way to get the decree of divorce. Sometime 498A, usually takes long and accused can get a bail after one week or so, and after that there will be no pressure on him and if he knows that you wish to seek divorce urgently he will never does so, and also develop revenge against you. It is better to have conciliation and make him agreed for mutual consent divorce. Otherwise, You can file the divorce petition on the basis of cruelty.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => Sir, my brother died on 2015 and his wife demanding all his personal belonging. His wife was living separately for the last two years. There is no child from them. Can she has a right over my brothers property? Can we make a settlement deed on paper so that in future she could not blame us?
Answer => Yes, she (Your Babhi) has right over your brother 's personal belongings. Being a widow, she is the absolute owner of her husband's property. If you posses that property she can claim a civil and criminal proceeding against you that you have taken her property illegally. It is better to sit and settle the matter.
You all have to enter into a Family Settlement deed deciding each of your shares unanimously and file it before Lok Adalat which is attached to District Court by making application before the District court that you want the family dispute to be settled by Lak Adalat and accordingly District Judge will post the matter before Lok Adalat whose decree is binding on all the parties to the Family Settlement and court decree is under Order 21 of CPC and also under legal authorities Act is final. It can be disposed off by the Lok Adalat in just 1/2 hour.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => I purchased a Car from Honda forconsideration of 7,80,000/- in the year 2012. It has used maximum 40000 kms. Suddenly it gave jolts and I send my car to its authorized service centre. But they could not solve the problem and said it is okand send to me. But i faced same problem with the car again I sent to service station of the Honda, but they said there is no problem with the car. They resolved all issues. It happened twice. Last time, they said that there is problem in the car with its important mechanical apparatus and it could not be repaired and replacement cost would be more than 3,00,000/- which is almost half of the car. The car has manufactured defect. They are even not able to repair that. Can i sue Honda and its service dealers to court for the replacement and repair of my Car?
Answer => You can make a complaint against them in consumer forum under section 12 consumer protection Act and seek replacement / refund relief as per the Act. You can file complaint against Honda and its service centre in a single complaint. You do not need to make two complaints.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => My brother has filed an application for visiting his child for child custody case. On first hearing the respondent was absent, if they would remain absent in next date of hearing so can we get ex-parte order on same date. It is already 4 months of application?
Answer => Court cannot fix the case after one or two absent. Have patience. Court will fix the matter if absence is repetitive.
If respondent regular absents from court , insist to court to proceed the respondent ex-parte as the same is not appearing despite of having due service and thereafter finish the evidence in one hearing and thereafter argue and get the decree.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => I left my home 10 months back after a lot of fights and torture from wife. My 3 years old daughter is with her. She has filed 498a against me. we have filed quash in high court. No other case filed by her yet. I do not want to initiate any divorce proceeding now. She does not want that I meet my daughter. Can I File only for visitisation rights in family court. I don't want to initiate divorce now.
Answer => You have to file a custody suit U/s 25 of Guardian and wards Act in which the court will grant interim visitation rights in the meantime. You can also seek similar relief from the court, where your matrimonial case is pending.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => I got married to a Hindu boy in India. I am also a Hindu girl. Later I shifted to London with my husband. I have one daughter from him. My husband divorced me there legally. I got married again to another person. Can I claim maintenance in Indian court from my first husband?
Answer => No you cannot get maintenance from your first , there is a provision for Foriegn Judgments in CPC and more over your are married again. After re-marriage the liabilities of first husband are extinguished. You can not claim maintenance from your first husband. Wife include a woman who has been divorced by or has obtained divorce from her husband and has not remarried. You can not claim maintenance from your first husband. Maintenance is granted to wife, who is unable to maintain her self.
Advocate Preety, Mobile: 9711615978/8527366963
Questions => My wife has registered case against me and my family under sec. 498, 504,507/34 ipc etc in which we have applied bail application in HC Punjab, so the honorable court has given same day bail order was granted. But in the FIR which we have obtained from court only the name of me, my father and my maternal uncle was mentioned, now the IO is saying that my sister's name is also in the FIR and we have to give bail of her, he is also saying that an IO has a power to grant bail. Does IO has power to grant bail., can we have to take double bail for my mother, firstly from IO, later from Court. Please guide
Answer => Yes, IO has power to grant bail. During investigation, some names get deleted and some names may be got added, if the material comes during the investigation, so your sister name is added now. Firstly IO bail is a good option. later you can also apply for bail to the court at the time of submission of challan.
Advocate Preety, Mobile: 9711615978/8527366963
