Advocate Anita Kaunda

Questions Answered by Advocate Anita Kaunda (50+ answers)

Q: Terms and conditions signed. Am I legally bound to join?

I had signed one terms and conditions from one company. In that terms and conditions paper, few rules regulations and contract period of 1yr these things were mentioned. No salary amount, or date of joining was mentioned over there. After signing that terms and conditions, they generated one offer letter mentioning my posting, salary, date of joining all these things. This offer letter I didn't sign. nnNow I got some better opportunities from other company. Am I legally bound to the previous company as I signed only the terms and conditions? I am again telling, I had only signed the terms and conditions, didn't sign the final offer letter. nnSo, if i don't join that company, can they create any legal problem against me?nnPlease advise me. Thanks in advance.

Advocate Anita Kaunda answered
It is not clear actually what have you signed. It is evident that you have signed terms and condition . Is it some kind of linear process if so the details are to be looked into it More details are required

Q: Transfer of Female Employee During Pregnancy

My wife is an officer in a PSU Bank in Kolkata. She got promoted and was transferred to Durgapur. She was pregnant during that time with serious complications leading towards miscarriage and was advised complete bed rest by doctors. She had submitted all the medical reports and doctor's prescription to her office, requesting a favorable consideration in posting in the same city on medical grounds so that she doesn't need to shift in such condition. She had submitted several representations to her office requesting the same but not a single one of them were answered. Her seniors refused to meet her every time in spite of several requests . They never tried to listen to her problems and showed no empathy even on human grounds. She was eventually forcefully transferred. So my question is, does she have any relevant grounds to go against her administration legally? If yes, then please help me go through the procedure. nnRegards.

Advocate Anita Kaunda answered
yes she can go for legal action . Upon medical ground if she not in the position to move to any other cities she cannot be forced for so . Her authenticity is her medical papers . Law & rules are made for the relationship with the society

Q: Payment of Gratuity after retirement

I have retired from service from 1.6.2022 after 34 years & 6 months of continuous service and elligible for a Gratuity for Rs. 653210.00. There is a Gratuity Fund which makes Gratuity Payment of the employees in place of company. nNow if I apply for gratuity to whom should I address (to The Employer or The Gratuity Fund) in Form I ?

Advocate Anita Kaunda answered
Gratuity application has to be made to your higher authority if it's a Govt Organization whether it's a Central Or State Controlled has to be clarified For further details get in touch with us about your application on Gratuity

Q: I go through mental and physical abuse. Want divorce and maintainance

Hello sir. I am a well wisher of the married lady who regularly goes through regular mental and physical torture done by her husband. She has two children. The person even doesn't give her money to feed the children or herself. Just keeping her as a slave in his house. The lady does some work and somehow manages her expenses even though the husband earns almost 50k in a village government job. They have not done registry marriage but social mRriage. Can you please give a way as to how she can live a dignified life away from him with maintainance provided by him for bringing up the children. She is a hindu woman married to hindu man.

Advocate Anita Kaunda answered
She can take the help of courts for maintenance and under proper sections of the domestic violence act as well as other provisions we shall reach out to you or you can get back to us with further details on the matter

Q: Question pertaining to jurisdiction for filing child visitation

Respected Sirs,mine is a peculiar matrimony case,I am husband with love marriage with wife from chennai in 2020,but I am resident of Kolkata,my wife is resident of chennai,last year girl baby was born,immediately we both developed some misunderstanding & wife gone to her parents house in chennai,I was working in chennai and we was staying in rented house chennai,since reconciliation was not possible,wife continued stay in her parents house in chennai,meanwhile I got  job in Kolkata and gone back to Kolkata last December..My wife filed sec 12 domestic violence  case in chennai magistrate in January this year.Now,I come to know that she got job abroad and gone abroad with the child.Now,if I want to file child visitation,can I file it in Kolkata family court  because child passport is having my Kolkata address or is it mandatory to file in chennai since already there is subjudice dv case in chennai,but point to be noted is wife & child are abroad@present.

Advocate Anita Kaunda answered
Yes you can file it in Kolkata Court you can ask for visiting the child as the mother should have intimated you before immigrating with the child We can help you with further details on the matter we shall reach out to you or you can contact us for further assistance in the case