Doubt the character of the spouse

 

Doubt the character of spouse












Someone has said that there will be a quarrel where the husband and wife said 
"What wrong do not they husband-wife"  is that when comment should be temporarily is then no reason to be mana often easily the considered the krurata to suspect carinya the officials are fighting to see you and it is impossible to argue are so broken that the couple ekana rahaneca mana character Come on man or how they can be separated from husband to wife or wife Busted their legislation or the blamga


  0 Hindu Marriage Act1955 Sec 13 (1) (IA) 


Section 13 (1) (IA) of the Hindu Marriage Act, 1955
If the spouse is suspicious of his or her marital partner's character or is always restricting where he or she is going, then such an act will be considered as Cruelty as Cruelty is mental harassment as it becomes impossible to live a married life when such harassment starts. And divorce can be obtained on these bases 

  0 (Cruelty) beast -
 When any kind of mental and physical injury endangers life, limbs and health, the spouse can file for divorce. Certain cases include refusal of food, constant misbehavior and abuse to get a dowry, perverted sexual acts.

   0 Cruelty - A spouse can file a divorce case when he / she is subjected to any kind of mental and physical injury that causes danger to life limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry perverse sexual act and such are included under cruelty.


At 0 Supreme Court and Hon. The High Court has ruled in favor of several divorces on the grounds of mental harassment Cruelty over the suspicion of character

Is someone gesturing to attack?

 

  • Is someone gesturing to attack you?

Hello readers 

Often when you are standing in your private or public place, if someone else is trying to intimidate or oppress you by carrying a stick, iron rod or other injurious object in his hand, he is gesturing to attack or running towards you with the intention of beating you. If so, you can teach him a good lesson on how to do it, then let's see our laws on this blog

      Assault

0 Indian Penal code 1860
        according_to sec 351 

Pursuant to Section 351 of the Indian Penal Code, 1860
If an ISM is trying to frighten you with a hand-held object in a private or public place, or is running on your body, or is trying to do so, or is trying to leave a pet or other pet on its body, it is considered an attack. 

0 Indian Penal code 1860  
        according_to sec 352

As mentioned in section 352 of the Indian Penal Code, 1860
If a person is preparing to attack you, a stick in his hand, an iron rod or other injurious object or a pet in the house, trying to leave a pet bull on his body, you can file an FIR against him under this section. 
He will be sentenced to 3 months imprisonment and fine 
Bail is a crime

If someone is doing this to you, you can immediately file a case against him and make him feel better

Leave the wife who filed the false lawsuit

 Leave the wife who filed the false lawsuit






Hello friends 

Yesterday, a man asked me if my wife had lodged a false FIR against me at the police station in  which she had made several allegations of domestic violence but in reality she had not been harmed. What should I do if I want to get rid of this false case and divorce my wife? 
Let's take a look at our laws on this blog 

A Bench of Justice Bhushan and Justice Sinha in the case titled 
RANI NARASIMHA SASTRY 
V / S
 RANI SUNEELA RANI 
on 19.11.2019 has observed that once acquitted for an offense under Section-498A, husband can claim curelty and seek divorce.

In the above case, Hon. The Supreme Court on November 19, 2019 in the case of Rani Sunila v. Rani Sunila Hon. Justice Bhushan and Hon. A bench of Justice Sinha has stated that once 
Indian Penal Code 1860 according_to sec 498 A
Under Section 498 (a) of the Indian Penal Code, a husband who has been acquitted of a crime can claim a divorce and get a divorce.

In general, if the wife files a claim against the husband under 498 (a) (Domestic Violence) and if the claim is false, then after the acquittal of the husband, the husband can file for divorce in the nearest Family Court and the result of the false claim is proof False claims can lead to divorce

Threat if you are threatening

 Threat



Threat if you are threatening 


I will see you, I will wait for you, we hear many kinds of threats that kill you, and sometimes a gentleman threatens you, but some threats are mild, some are serious (e.g. kills you, etc.) and some threats provoke the person in front to commit a crime. (E.g. show me your hands, etc.) So many times people ask, are there any provisions in the law?
 So yes and let's see what the provisions are. Legal twits on this blog

  • Indian Penal Code 1860 According to Sec - 503

 In Section 503 of the Indian Penal Code, 1860, an offensive language that incites a person to a reputation, property, family or crime is a threat.

  • Indian Penal Code 1860 According to Sec - 504

Section 504 of the Indian Penal Code 1860 will be considered an offense to threaten a person with the intention of disturbing the peace by making a threat.

  • Indian Penal Code 1860 According to Sec - 506

Section 506 of the Indian Penal Code, 1860, carries a penalty of two years imprisonment or fine for intimidation or both. 

  • Indian Penal Code 1860 According to Sec - 509

Under Section 509 of the Indian Penal Code, 1860, it is a criminal offense to molest a woman, which carries a penalty of one year imprisonment.

What to do when a check bounces (Part 1)

 

What to do when a check bounces (Part 1)


What to do when a check bounces



Most of the time you like to deal with checks from your relatives, friends and business people. The problem is when the check bounces and then you don't know your rights and you lose then let's see what we can do when the check bounces and your  blog from Legal Twits
When your check bounces, you can deposit the check (Self and account) in the check bank again. However, if the check bounces, you can file a claim against the person giving the check in 3 ways.
The first type of it is 

1- Negotial Instrument Act 1881

 Under Section 138 of the Act, you can send a Demand Notice to the other party through your lawyer within 30 days. Within 15 days, he is obliged to pay you. You can also claim the cost of the notice. You can file 
You have the necessary documents for that
1 Your check (bounced check)
Slip taken while depositing
checks in the bank
3 Check Bouncing Slip (with bank stamp and signature)
4 Demand notices 
5 Postal Sleep 
Whether the match party received notice or not and if not, what was the reason for the telegram 
7 A copy of the notice sent by the plaintiff was received
A copy of the agreement between the plaintiff and the defendant

The claim requires and other evidence has to be given and evidence by the affidavit has to be given 
It carries a penalty of 2 years imprisonment and a fine of double the amount of the check

What to do when a check bounces -(Part 2)

 

  • What to do when a check bounces -(Part 2)


  • What to do when a check bounces 


Another way to file a claim is when a check bounces
  • Civil Case
A lot of people have run out of checks and after many days, will the court hear your claim? Will agree? There are many such questions in the minds of people and there is a misconception that your claim will not be accepted after 6 months or years and some people will have to go to court like who will prosecute the case. 
Civil claim
  • Pursuant to Section 37 of the Civil Procedure Code 1908
 A claim for refund can be filed.
It is mandatory for the person issuing the check to repay the amount while it is due.
 CPC ouder 37 can get refund accordingly
The claim expires in 4 days and the amount is recovered by the court along with interest on your money
This claim can be made at any time within a period of 3 years after the check bounces
There is a higher court fee (stamp duty) which you get back when you win the case

What to do when a check bounces (Part 3)

 

What to do when a check bounces (Part 3)




What to do when a check bounces 

The third type of check bounce is 
  • Police FIR

Indian penal code 1860 
according to sec. 420

Fraud can be filed under Section 420 of the Indian Penal Code, 1860. The police are reluctant to file such cases. 
It carries a provision of 7 years imprisonment and fine. Bail is a felony.