Advocate Jagadish N

Questions Answered by Advocate Jagadish N

Q: Can a working woman get maintenance after mutual divorce

Shall I get alimony after getting mutual divorce from my husband if I would work in private sector ?

Advocate Jagadish N answered
In mutual divorce court won't decide on alimony or monthly maintenance. It is between you and your husband need to decide together before approaching the court. In mutual divorce normally the terms of settlement or claims will be decided between the parties prior to the filing of the petition before the court. So i suggest you to talk to your husband about his willingness to pay your alimony.

Q: Which jurisdiction police station i need to lodge complaint

Which jurisdiction police station i need to lodge the compliant for below scenario, i am residing at location "A", I have purchase a land situated at location "B" and seller also from same location "B". I need to file a case against seller due to fraud. I need to know from which location i need lodge a compliant against seller Note : A and B are different city in same state (Karnataka, india)

Advocate Jagadish N answered
As per law you need to lodge a Police complaint against the seller at location 'B' since the cause of action and location B Police is the proper authority to investigate into the case and can file a final report to the magistrate. Location 'A' police cannot do the same due to territorial limits.

Q: Procedure to file for divorce and what are other available option

Hi, i have been married in Nov,2017. My wife was never interested in the marriage. she married just for her parents. From day 1, she was constantly talking , chatting with another man. We never had any physical relation. I waited for one month and then I spoke to their parents. They along with her cousin sisters tried to convince her, it was of no use. She never used to stay in the house. Finally after waiting for four months, i moved out of the house. We tried to speak to their parents , regarding mutual consent, they are not responding properly and trying to blame me saying i am a narrow minded person. In this case could you please suggest how i can proceed and what are the available options. Can she claim alimony from me. She is working as a software engineer. Can she claim any share in my properties like apartment/house?

Advocate Jagadish N answered
I suggest you to talk with your wife, her parents and relatives along with you parents regarding continuation of marital ties. In case if your wife refuses to live with you despite elders request then it is better you to file a divorce case. In such situation i suggest you to talk to your wife, aleast for your sake, to opt for a mutual divorce. Orelse you can file a contesting divorce petition after the expiry of One(1) year. But i also suggest you to guide your wife to executive MOU(memorandum of Understanding) to the effect that she will not opt to file any sort of police complaint.

Q: What step can be taken for wrongly accused as an absconder by employer

Iworked in a IT company, bangalore,India for about 3 years. my notice period was 2 month, already i had 20 leaves. I resigned my duty on 6th april'18 and i requested management and hr to relieve me asap. thus initiated a mail thread with HR. On 11th May'18 (friday)HR agreed to release me next week i.e 14th may as such mail received by me stating clearly you can get release date on next week (no date mention). I fell sick and given them medical certificate for 14th may (monday) stating i am ill. therefore, i joined my new company as they have accepted my mail (medical leave) salary was blocked from April month onwards ( which shouldn't be there as last month salary should be block for full and final statement)After few days on 23may'18 i received call notice & on 7th june i was terminated stating absconder .please suggest
 

Advocate Jagadish N answered
I suggest you to make a representation to the Human Resource Department of the Concerned company and update about the incident and also intimate about the your absence, reasons for the same. failing which i suggest you to approach Human Rights Commission.

Q: Husband's family asking dowry and doing physical torture want divorce

sir my brother in llaw hares my sister and he demands dowry that he need a site and for this we had talks many time with our relations and community members an number of time and when he started beating my sister and so on our community members have talk with my brother inlaw and hiss family members and they excepted that futher they will not torcher r nor demand any dowry and same they have written in a plain paper with all sign , and agin now they r doing same and wat can we do to file a case as me works for a mnc company

Advocate Jagadish N answered
I suggest you to advice your sister to file a police complaint for dowry harassment and simultaneously to file a Domestic Violence case against your Brother-In-Law. Anyway your sister can close her case if her husband comes for a compromise.