Advocate Jainodin Shaikh

Questions Answered by Advocate Jainodin Shaikh

Q: Application to fly while on interim bail

I filed an FIR against my in-laws and husband for sections 498(a), 406, 323, 504, 506, 34 due to physical, mental, economic, verbal abuse. They have applied for anticipatory bail, but they are currently on interim bail till 6/7/22. I am intervening their bail; matter is yet to be heard by Session court (Mumbai) {vacant court} and police interrogation is still going on. Their statements are recorded, but chargesheet is not yet filed. They are all going to Haj. When I bought this to the notice of Haj authorities, they asked them to get NOC or court order if they want to travel. My husband has not given my mehr, money taken from my father (appx. 5 lakhs), maintenance to me or our 8 month old daughter. He is not giving talaq too & has further threatened me to abscond and get married as it is easy for him (muslim man). I want to know what kind of letter and from which court could he have obtained while being on interim bail? He flies on 1/7/22. What stand should I take on ABA hearing day?

Advocate Jainodin Shaikh answered
First of all unless and until your divorce is completed you can not seek Meher amount. Secondly, your husband can seek permission to travel in the same pending bail proceeding or from the same court if his bail is allowed with a condition not to leave India without permission. He can also seek the permission from the magistrate court in which the copy of FIR is forwarded by the police.

Q: Dispute between Father & Son, on Son's investment in HUF Property

We are a family of 4:: Mom, Dad, Younger Sister and Son (myself).Dad has HUF Business of - Resort & Land Dev, in Pune Mulshi area, India.My Dad said to me -- "Give me money for business. I'll give you Interest more than Bank. I will return your money - when you need it".Since his my Dad, on trust - I gave him Rs. 40 Lakhs in last 2 yrs -- without any written agreement. Now, he said no to give back my money or Interest on it.He says, "Instead of money; from my entire land -- I can make 1 acre of land on your name in Pune Mulshi area."I don't want land. I want my money. What to do ?

Advocate Jainodin Shaikh answered
As you dont have any proof about the transaction between you and your father it will be very difficult to prove your case if decides to file a suit against your father. Therefore you are adviced to accept the land at your price which is to be deducted from the principle amount. And for remaining amount sue him in the court. the transfere deed will be used as cogent evidence of that transactionIn the transfer deed of the land mention about this transaction.