Advocate Kuldeep Rai

Questions Answered by Advocate Kuldeep Rai

Q: Can chairman file defamation case for creating watsapp society group

We are a member of a cooperative housing society with close to 700 members. The flats are still under construction and long time awaited. The current mgmt has been increasing the cost day by day without providing all details on the website. To question the management on relevant issues, and to understand the reasons for charging high-cost, 200 of us created a whats-app group. Now, to counter that the Chairman has filed a defamation case against several of our members alleging that we are maligning them on Whatsapp. We have raised our queries earlier through email, but haven't got any reply.

Advocate Kuldeep Rai answered
Hello sir!No one can bar anyone from filing any case against anyone. The main thing is that here lies the burden of proof on the person who alleges that he has been defamed. He has to prove this that how he has been defamed on whatsapp.

Q: Husband filed divorce on false grounds what action can I take

Hello My sister is married under christian living seprarely from her husband past 3 years. She Now her husband has filed a divorce case against her under false grounds. They have 12 year old daughter. He is refusing to take care of her daughter. Also recently we have got to know from his social profile that he us involved with some other woman who is not a resident of india and they call themselves husband and wife on their social profiles. I wanted to ask that anything can happen in this regard. Can be charged guilty of bigamy? Can my sister put character assassination on him. Please guide.

Advocate Kuldeep Rai answered
Hello sir , Firstly u take out the print out of that page where they claim that both of them are husband and wife. After that u keep that with urself as an evidence and thn file a complain against him of bigamy under sec 494 of IPC . You can claim maintainance for you and your child , you can file a divorce petition on a ground of bigamy and mental cruelty and u can also file a defamation case .

Q: My girlfriend is threatening me to kill herself what to do

Hi sir/ma'am I've been in a traumatic relationship since the last 2 years. Everything started off pretty good,but in the last few months my girlfriend started acting really crazy and after trying to sort things out between us i finally broke up with her. She refuted by threatening me to kill herself and i had to go back. Since then i have tried breaking up 4 times and everytime i get the same threat. I am very scared. I have a family that loves me too much and cannot see me in any trouble which is why i have not opened to anyone yet. Please help me please i want an escape from this.

Advocate Kuldeep Rai answered
Hello sir! This is a serious issue if she commits any such act and laeve your name in the note police may arrest u under section 306 of IPC whose punishment may extend to 10years . In that event I advice you to Inform local SHO of the P.S . and inform him through an application stating that this girl is having suicidal tendencies and you should not be held responsible in case such a thing happens. Inform the same to her parents and also to make her to attend counselling.

Q: M I liable to pay the loan taken by in-laws

My in-laws took so much debts and I pay it after my marriage by selling all my Gold and from my savings.Now again they are forcing me for money. Cibil rating of my In-laws is negative and arrest warrant also issued against my mother in law. I am an accounts professional.I don't want to Destroy my records and future because of there acts.I want to declared it legally that I am not liable for loan taken by my Husband and My in laws. Whats the procedure. plz help......

Advocate Kuldeep Rai answered
Hello mam!.... If ur question is against liability thn simple answer legally is NO. You r not liable, personally you may help thats ur wish. Now legally speaking if u want to take any action against your inlaws thn u can lodge a complaint against ur husband and in laws regarding domestic violence and forcefully asking u to pay their loan by selling all ur gold or stridhan which u received from ur parental home.

Q: Can I file a case against my spouse for taking away my child

What are the criminal charges (IPC Sections) that can be brought against a spouse who unlawfully captures a child and alienates the other parent from his/her child and uses it to settle his/her terms with the other. I believe that there is no straight law for this in India (many countries have such laws) and also aware of the family court proceedings that can be instituted. However I am seeking advice other than family court route, specially bringing about a criminal case and specially interested in types of petition in HC where in such a redressal be sought given extraordinary powers of HC

Advocate Kuldeep Rai answered
This is true that there is no straight law in india for spouse. But I need some more details like child's age, whether male or female, earlier any criminal record or any complaint lodged regarding the spouse or not? Then I can help you ???