Advocate Nishant Rai

Questions Answered by Advocate Nishant Rai

Q: Intimidation to commit suicide. What should i do?

1) If a person intimidates another person for committing suicide because of a broken relationship,what legal options the person being intimidated has to take.

Advocate Nishant Rai answered
Go to the nearest police station and lodge an FIR against that person. Abetment to suicide as well as criminal intimidation are recognized offences under Indian Penal Code. Delay is not warranted. so please go.to the police at the earliest.

Q: drugged,raped,blackmailed ,threat to kill,promise to marry

A married man siphoned money , drugged my sister,molested and raped her,blackmailed her of making photo's public and threaten to kill her,when the family intervened he promised to marry her but after using this to his advantage refused to marry after five years.What legal steps can be taken now to punish the culprit?

Advocate Nishant Rai answered
Your query is very serious. Please go to the nearest Police station and lodge and FIR against him. Initiate criminal proceedings against him. Do not waste even a single day now. Various sections of Indian Penal Code are attracted in this case. As advised earlier please lodge an FIR against him at the earliest. He is intimidating your sister as well. Delay in lodging FIR may go against you in court.

Q: What is a process to file a domestic violence complaint?

What is the process to file a complaint in domestic violence and can the wife live in shared accommodation? Also, what is the time frame in which one can expect a resolution.

Advocate Nishant Rai answered
A complaint is filed before the concerned Metropolitan Magistrate. He affords a hearing in no later than 3 days.Wife has full right to live shared family accommodation.Lastly, no fixed time frame is present but such complaints are disposed off very quickly.

Q: In laws took daughter along. Now asking huge amount of money.

dear sir/madam i was married on 1march2015 it was a love marriage dont know what gone wrong from the first night of marriage she used to quarrel with me she never allowed to have sex with me she alwasy used to scold me call her parents do non-sense and their parents go take her to their home they never had asked me what's problem between,never wanted to have me with her she was away from my house from past 2 months in four months of my marriage life they hadnt given a penny to us but her father is now demanding a hepty ammount which he used for marriage. What can i do? We are muslims.

Advocate Nishant Rai answered
I am presuming that your marriage has taken place as per Muslim rites and rituals.Firstly, consummation (sexual intercourse) of marriage is a marital obligation in any marriage. However, in Muslim marriage if marriage has not been consummated it has legal implications.Secondly, concept of dowry is not recognised under Muslim marriage. So basically her family is harassing you under the garb of dowry. You can file a complaint before the local Police station stating all the facts. Approach the appropriate court for 'anticipatory bail' at the earliest. She and her family may initiate proceedings against you and your family. So I would advice in given facts approach for anticipatory bail at the earliest and file complaint in the local police station next. You may as well opt to give talaq as per Islamic law applicable to you. Hope this helps.

Q: Worked in sister companies for 9 years.How will gratuity be calculated

I worked in 2 companies. Those are 2 sister companies. I left one company and joined the other company. The directors of the companies are same. I have worked for around 9 years in these 2 companies combined. I want to know how will my gratuity be calculated? Can they not provide me my gratuity?

Advocate Nishant Rai answered
calculation of gratuity is a Issue more related to accounts than legal. Please consult a CA/CS as the case may be. If in your service contract or terms & conditions, clause of gratuity is present, then for sure gratuity is payable to you.