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91
Divorce Laws / Divorce filing after 5 years wife desertion
« Last post by aatmeeya on September 01, 2018, 01:46:10 PM »
I am going through situation where my wife is having Paronia (suspicious) problems. She wont perform her day to day duties perfect at home. We dont have kids. She left from my home and started staying at her parents home since Aug 13 2013. After consulting elders, we brought her back to my house on 22 Dec 2014. After coming her she did not change at all, again she left our house on 22 Mar 2015.

Since then she did not come back. After so much of discussions with middle men, on 9 Dec 2016 they agreed to sign for mutual divorce with 10 laks alimony and she signed on vakalath papers in front of advocate. After very next day my wife came and stated that I need sometime to think and I need to talk to husband. I spoke to her, now she wanted to join me. She doent want to go with divorce at all.

There are couple of years passed, we again tried to connect her father for next steps, they are on same stand to join me. I am firm that I dont want to continue that relation.

Since around 5 years of desertion (between she was with me for 3 months) I would like to file divorce case with no allegations stating in it, except requesting divorce and I am ready to pay alimony.

In this scenario what are rights she will have, what kind of problems I would go through.

1) DV act possible in this case ?
2) 483A will be applicable in this situation
3) If they go with RCR(Restitution for conjugal rights) , which section will made me push back the case and stand on divorce
4)  How about HMA 24 and CrPC 125 for maintenance. She is MCA graduate, but she wont work, except she sits home. Even after she is MCA graduate how much she could demand ? Is there any specific law (percentage of husbands salary) to give as maintenance. For example if I draw monthly take home 50 thousand rupees, how much in general court will order?
5) Is there any specific act / situation where she would attach my parents, sister and others too ?

Please help with advise.
thanks
92
Employment laws / Termination after maternity leave
« Last post by greatdeepika28 on September 01, 2018, 07:42:30 AM »
Hi Expert Lawyers,

Need your expert guidance for my matter. First Let me brief about my case.

a.   My Wife started working in a company of Gujarat since Nov-2015 but her working location was Faridabad, Haryana. Her work is mainly submitting online tenders and handling the queries from the client on mail & phone. Since all the work was online so proprietor of the company told her to work from home and gave her laptop, printer etc as this will save their operational cost.
b.   My wife appointment letter say that she was appointed as “Commercial Manager on retainer ship basis. Apart from salary, you will be paid all necessary statutory charges as per govt rules (i.e. PF, medical insurance). Your Consultancy period shall be for a period beginning from Nov-2015 to Nov-2016 which can be extended further or terminated earlier with one month notice on either side. Your present place of work will be M/S (org name), Faridabad, Haryana, India”. We have hard copy of this appointment letter signed by proprietor and on company letter head
c.   After this she worked for the company for 3 years till July-2018 and received salary regularly till Jan-18 but No P.F submitted to Govt neither deducted from her salary.
d.   On 23-Feb-2018, she went for maternity leave and didn’t received salary of Feb month. After several calls, Proprietor say that because she was on leave, so they didn’t get business and they will provide the salary till March end. After this salary is provided in mid of April for Feb Month.
e.   When we asked for march salary then he told that once you will join then we will provide the salary. So, with no option my wife joined early of her maternity leave on 1-May-2018 i.e. within 2 months of delivery so that she will get the regular salary as now we have more expense after having baby.
f.   On joining when my wife called and asked for Mar, April salary and remind them that her increment is also pending. On this Proprietor told that she was contract employee (salary paid as consultancy charges) and will not get maternity salary. But they gave Rs. 2000 extra in May salary as increment but without any written communication. Still she didn’t received Mar, Apr salary.
g.   After this 15-20 days were fine but later 1 another person was appointed as Boss on her. After this behavior of the proprietor and Boss got changed and behaving with her very rudely. Now they put up more burden of work on my wife like searching of new tenders, daily, weekly report etc and yelling & brining small-small issues on mails. It is just like she was getting mentally harassed for the work.
h.   On 3-July-2018, when she was not able to handle the situation as she need to take care of baby and family. On one of the mail where her Boss wrote that she was not committed to the work and we need to search other options. She replied in a professional way that she is not agree with their points of commitment. On this mail they relieved her immediately from job without 1 month notice and replied that her F&F is initiated and will get cleared soon.
i.   After this we noticed that we didn’t have appointment letter till date as initial letter was for 1 year i.e. till Nov-2016. So, my wife told them to provide appointment, experience letter and F&F salary and then she will give all the assets like laptop, printer and Digital key. On this they provided appointment letter on mail (not hard copy) on lieu of digital key as that is very much required for their business and told that you will get the salary soon.
j.   Till then we didn’t get salary for March, April, June and July (considering July as Notice period) plus some extra expense happened during work.
k.   Currently we have company’s laptop and Printer with us as the person who needs to take handover these didn’t came to collect as he knows that salary was not given to us.

Now experts I need your legal advice on below points along with section and references to proceed further.

1.   Is the appointment letter received on mail from Proprietor (last 2 year) is valid as we didn’t have hard-copy?
2.   Is she eligible for salary of 2 months of maternity leave which she didn’t worked i.e. March, April? As she was considering herself as regular employee (as per point no. b above) but employer said that she is contractual employee?
3.   If considered as permanent employee, Is she eligible to get 6 month salary as Govt rule is of 6 month maternity leave?
4.   Is she eligible for 1 month notice period salary of July? As she was relieved immediately without 1-month notice mentioned in her letter.
5.   Presently, she was the only employee in Faridabad and the organization is in Gujarat. So, the case will need to be present in Faridabad (Haryana) or Gujarat Labor court?
6.   In case it will be presented in Gujarat labor court then can we transferred this to Faridabad (Haryana) giving her condition of recently becoming mother and cannot travel?
7.   What will be the procedure in case we need to file a court case?

Thanks in advance for your support
93
Criminal laws / Re: Reg FIR & Fraud done by Dy Commissioner of Police
« Last post by kalaskarkk on September 01, 2018, 12:28:40 AM »
Dear Sir,

The only course open to you is to lodge a complaint with CBI and also other Ministries like Ministry of Home Affairs etc. Be informed that all such representations/complaints must be accompanied with relevant documents indicating the said police officer as a witness in a Criminal Case.
94
Criminal laws / Re: Reg Defaulter in Paying Hand Loan
« Last post by kalaskarkk on September 01, 2018, 12:20:49 AM »
Dear Sir,

Now Indian Evidence Act is amended and electronic evidence is acceptable. If you share more details I can prepare legal notice then we can file suit for money recovery.
95
Property laws / What does the IT department do with the PAN?
« Last post by annacarr on August 31, 2018, 09:46:05 PM »
Every person who wishes to enter in any economic and financial transactions  pan card is importantThe PAN helps the IT department link all transactions with a person.  Apply pan card required Proof of DOB and Address proof are three types of documents in order to make pan card. The IT department ensures through the PAN that everyone is paying their taxes.You may visit the website of the Income Tax of India Department for further details. To be on the safer side of the Income Tax laws in India it is ideal to have a PAN as the initial step.

96
Qualification Criteria and Documents Required for Indian Citizens who wish to own a PAN Card ?
There are diverse qualification criteria and records required for Indian natives who wish to possess a PAN, contingent upon whether the PAN is required by an individual, firm, undertaking, affiliation, and so on. The essential criteria are specified beneath.
People – The candidate ought to be a national of India with a legitimate address, date of birth and ID confirmation. This confirmation can be either a travel permit, driving permit, Aadhar, Voter's card, and so on.
Hindu Undivided Families – The Karta (head) of a Hindu Undivided Family can apply for a PAN in the interest of the family by giving a legitimate ID, address evidence and date of birth for all individuals from the family. The Karta is likewise anticipated that would say the dad's name so as to apply for a PAN.
Minors – A parent/watchman can apply for a PAN for the benefit of a minor by giving a substantial address evidence and ID of the parent/gatekeeper.
Indian residents dwelling abroad – If the candidate is an Indian native who lives outside the nation, he/she ought to give a duplicate of his/her financial balance articulation in the present nation of living arrangement as address evidence.
Simple-minded people – There are situations where a slow-witted individual may require a PAN and for this situation a delegate can apply for his/her sake. The agent should give points of interest of such a candidate (ID confirmation, address verification and date of birth) in addition to his/her (representative's) subtle elements.
For more pan card information you can refer this pan card online application from the online services.

97
Criminal laws / Reg Defaulter in Paying Hand Loan
« Last post by Mudassir on August 29, 2018, 10:50:26 AM »
I have given Money of 8.5 Lakhs through liquid Cash by breaking Fixed Deposit Bonds in Oct 2015 to my relative, intially he settled around 2.3 lakhs through Online by getting as a handloan from  my brother, Only proof is that he accepted in mail that still around 5.2 lakhs is due and he is giving lot of lame excuse, is mail can be considered as part of evidence, and also as a evidence part i got IMO apps message and voice recording , is three can be considered as a evidence
Is there is any possibility to initiate criminal action against him
98
Criminal laws / Reg FIR & Fraud done by Dy Commissioner of Police
« Last post by Mudassir on August 29, 2018, 10:42:30 AM »
Hello Sir,
One of my freind when he was in Delhi, Protocol Dy Commissioner Police in Airport influenced my freind that she got good influence as she was holding the Influential post and she can fetch job for any one and she informed him to be recruitment agent and for that he will be paid one lakh for each person to him, which he agreed.

As she was in this post she wont be directly involved and made my freind to be front end, and he was asked to collect 10 Lakhs from each three candidates, and the candidate transferred it, and the candidated made him electronic transfer and those amount he has given liquidated Cash (Hot Cash) he has no proof that he has transferred it to that Dy Commissioner Police lad, Only proof he has transferred 5 lakhs to that relation of lady as per her instruction
And moroever that Dy Commissioner Police lady was repeating scam for many years but no body dares to challenge her
Now she want to grab money from my freind she put the case on behalf of the candidate in Delhi and she got 5 lakhs this happened one year back
Now again she became witness for other candidate and filed FIR through influence of Commissioner, and he has applied for Anticipatory bail, but from police side they challenged the bail application and they seek 10 days extension
how can it be smoothen the issue, need your suggestion
99
Divorce Laws / Re: Maintenance Valid after Divorce
« Last post by ninans2014 on August 29, 2018, 10:28:16 AM »
Respected Kailash Dutt sir and Gaurav Sharma sir,

Thanks for your reply.

I am confused now as I have two different responses.

Can you please clarify if any recent Judgement in this regard please ?

I quote my earlier question below
---


My question is on the below :
Many people told me that as per Indian laws, once the Divorce is requested by the Wife and granted there is no need to pay the Maintenance.

Is this correct information according to Indian Laws and if this is true is there any provision for me to approach any Court to get the Maintenance cancelled permanently ?

Please forgive my ignorance if this is a wrong question.

---------
100
Marriage / Re: Is it possible to file for a divorce online in India?
« Last post by kalaskarkk on August 29, 2018, 08:21:40 AM »
Dear Sir,
Without presence of couple divorce is possible by video conference.  The recent citation/judgment is as follows:

=========================================
Lower courts to use video conferencing to hear divorce, custody cases
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.
Typically, the woman’s choice is given a priority and the case moved to the place where she lives.
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.
“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.
“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.
The case was filed in Jabalpur where her estranged husband resided.
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.



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