Advocate Girish D S

Questions Answered by Advocate Girish D S

Q: Girl filed complaint police made me write application to marry her

Boy and girl were friendly They had affairs. Girl have pictures of them together. Girl produces medical certificates saying she had abortions. She files police complaint . Police calls boy and makes him write an application saying he will marry the girl with in a month. The girl has multiple partners so the boy does not want to marry. The boy had always told the girl that he cannot marry her because they belong to different religions and he is 3 years younger than her. Can the police force him to marry?

Advocate Girish D S answered
Police can't force you to marry her. But a criminal case under section 420 for cheating and offences under section 313 of Indian penal code for getting abortion will be charged against you. Even as per the judgement of Supreme Court even you can be charged for 376 of IPC also. Think properly and take a proper call on it.

Q: Daughters share in fathers property

Sir, I am staying in my father's property. My father expired around 40 years back and my mother is alive. I am the only son and have two elder sisters. Kindly let me know whether my sisters are eligible for their share in my father's property.

Advocate Girish D S answered
If property belonging to your father & he passed away before 2005 then only yourself and your mother are entitled to enjoy the same as an class -1 legal heirs and your sisters are not entitled for the same as per amended section 6A of Hindu section act as recently held by Supreme Court and it has been contended that if father is alive after 2005 then only female siblings are entitled for share in father property. If father is dead before 2005 then female siblings are not entitled for fathers property as per Hindu succession act.

Q: Signed 3 years bond want to leave the company what should I do

Hi, I work for a private company in Bangalore. I have completed more than a year here and want to leave it as I see better opportunities outside. However, the problem is they took a bond of 4 years from me. My main concern is to resign. When we talk to them orally they don't give any response. In case required in the worst case, I am ready to pay there bond amount also. I am worried that is it possible for them not to give me my relieving letters to join the mnc company. How should I resign? Notice period is 3 months.I can serve notice period also but I need proper exit.

Advocate Girish D S answered
Even though you have executed bond for 4 years, but you can exit from the company by giving proper reason. Only thing is that you have to serve notice period after giving resignation. You have to send resignation letter through proper channel and from the date of service of the resignation letter on the employer, properly you have to serve notice period. Even after serving notice period if your employer doesn't give releaving letter then you can issue legal notice to him asking to issue releaving letter.

Q: Wife is cheating me what action can I take against her

My wife went to her native place in March for relatives marriage. From there she did not come back to Bangalore and I also did not went to there to meet her... In August she called me and told that she is pregnant of 3 months.. I was shocked by hearing that news.. My family members questioned her.... She replied that your son has come in June... But I did not see her from March.... What I have to do... I want to go for divorce and I want to file a cheating case also... My approach is right...? Not only divorce I want to file a cheating case against her... Please suggest me..

Advocate Girish D S answered
If such being the case you can file divorce petition on the ground of adultry. Further in the court you have to establish that the pregnancy is not because of you and that can be established only through the DNA test. To conduct such test you have to seek court permission.Further for the act of cheating based on the DNA report you can take legal action against her.

Q: Company laptop stolen what can i do

I have given fir relating to theft of laptop . This is of my office. Now i heard from my friend that i wont get releaving from my company if i want to switch. Pls guide

Advocate Girish D S answered
When laptop is belonging to your office then it will be password protected, once it is stolen by some one then it is of no use for them as no data can be seen as same is password protected. Already you lodged FIR regarding theft of the same, hence you furnish fir copy to your office as it is a substantial proof that same is stolen. Your company has to issue releaving letter and they cannot restrain u to switch. If they don't issue releaving letter then u can take issue legally by causing legal notice to your employer.