Advocate Edward Sam Julius Paul

Questions Answered by Advocate Edward Sam Julius Paul

Q: Brother and sister in law harassing my mother

I would like to know what can I do for my mother as she is being harassed by my elder brother and his wife. My mother stays in the house constructed by my late father. Elder brother lives in same house with his family. House is on my dad's name. There is disgusting and very bad behaviour towards my mother. My mother in too much pressure as brother and his wife fights with mother very often. My sister in law is very nasty and is the root cause. I want to help my mother as cant see her being tortured . My brother threatens me as well if we interfere. Pl help

Advocate Edward Sam Julius Paul answered
You can file a criminal complaint against them with your local thana or through the court u/s 156(3) of CrPc. A case under domestic violence can also be lodged. Then a criminal case can also be lodged directly at the court.

Q: My streedhan is with my inlaws and my husband is denying to take responsibility of kids. So can I fi

My streedhan is with my inlaws and my husband is denying to take responsibility of kids. So can I file separation and get my streedhan back. Also, m I eligible for maintenance of my kids. How would the joint property be distributed among us. And what about the belongings which I have bought from my own salary for which I have valid proofs as well. Will they be distributed as well? Also what about surrendered lic done for my daughter for which my husband is the account holder. Can I claim it's amount through court. I have spent huge amounts aa cash on my husband's accident, for the flat. Can I also claim.those?

Advocate Edward Sam Julius Paul answered
yes there are certain applications to be moved in the competitive courts. Besides why apply for separation. why not divorce. Is there any particular reason. if so you will have to discuss the entire case with me.

Q: Legal action against person trespassing private land property

I purchased a land from a lady, who had purchased it 25 years ago from a schedule caste person. Now, when I am doing construction on such land the grandson of such other schedule caste person is saying that a part of land is mine, and my grand father has'nt sold it to that lady. The person is already died, while on paper of the old sale deed between the lady and that schedule caste person the whole land is registered and sold. The question are: 1. What immediate remedy available to me in such a case. 2. As I purchased the land on a loan, and the loan is approved for land plus construction, and if I not start the construction work the bank will charge a higher rate of interest.

Advocate Edward Sam Julius Paul answered
You should have got barah salah done before purchasing he property. Anyways the truth is you have to tell me status of land whether it is a bhumidar or asami. Besides a person of other caste cannot purchase the land of harijan. However, do not lose heart, there is a way out of your predicament. First file a FIR against the person who is trying to claim the land under illegal trespasser sections of IPC.

Q: False allegations of physical harassment by aunt & cousin sister

My cousin sister and my aunty always put false allegations of physical touch or harassment on them by my father and me. The police personnel also takes their side and tries to abuse us and try to create fear of filing an FIR and arrest us but due to some strong relatives we are saved. So in this case can police arrest us ? How can we file up a case against them in order to teach them a lesson because we work in armed forces and they taking advantage and trying to remove us from service by putting false allegations. Kindly suggest us to take necessary steps in order to live freely.

Advocate Edward Sam Julius Paul answered
The law is in favour of women in respect of sexual harassment cases. Specially u/s 354A, 354B, 354C & 354D. However, there is a way to teach lesson to such crafty women in law. You need to consult me.

Q: Is the order passed by S.P. is legal

Sir, my father was pormoted from the post of sub-inspector of police to inspector of police on 28 feb 2018 the order of pormotion was passed by D.I.G. and on 16 april 2018 he was reverted to the post of sub-inspector of police, the order of revertion was passed by S.P. According to article 311 Extract of Article 311(1) of the Constitution reads as under: “311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.-(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.” Sir in my Father's case the appointment authority is D.I.G. does the S.P. has authority to pass the order of revertion having regard to the fact that my father was promoted to the post of Inspector by D.I.G. ?

Advocate Edward Sam Julius Paul answered
The order of reversion passed by the S.P. is bad in the eye of law and it is a nullity. The provisions of constitution Article 311 (1) will apply. The S.P. has no legal authority to pass such orders. Therefore the said order is void. You need to file a writ petition u/s 226 for getting appropriate remedy.