Advocate Praveen Pinto

Questions Answered by Advocate Praveen Pinto

Q: Is there special provisions to get back my Original Markscards

I have recently resigned from post of lecturer, there was no agreement while joining. But during my resignation, Principal asked me to return 6months salary. My original SSLC, and MSc markscards are with college itself. He warned that he won't give it back untill I pay months salary.1. Is there any special provisions under law to immediately take back my markscards as it is very much important for higher studies.2. Can I apply for duplicate by giving this reason? (Since I can't lie that I lost original marks card)

Advocate Praveen Pinto answered
No person can hold any other persons personal document with himself. Its a crime to withhold others document. Mortgage is possible because law provides for it. No law states that another's personal document can be retained by another person. A police complaint can be filed or a writ can be filed before the high court to get back the original certificate. There is no buyer seller relationship between you and the management and hence consumer complaint cannot be filed. Retaining others personal documents is a crime punishable under the Indian Penal Code. Criminal prosecution is the cheapest and easier remedy if choose.

Q: Can maintenance be increased if husband is no more

I got divorces from my HIV husband after 12 years of he getting infected with HIV and later 20000 monthly maintains order to my divorce and his property was attached. now he is no more and his mother is giving me maintenance..can i ask for more maintenance from his mother because she is taken over his property rentals.

Advocate Praveen Pinto answered
If there are children better to file a suit for partition and ask for a share in the husband's property instead for just asking for maintenance. As per Hindu adoptions and maintenance act a Father in law is bound to maintain a daughter in law and his children. A suit is required to be filed to make a claim.

Q: Can a given GPA be revoked later

Hi, I am a NRI who bought a house in Bangalore 2 years back through LICHFL loan with my father as GPA holder. Now I afraid he is thinking to have my house divided between me and my brother. Can I revoke the GPA I gave? I am not sure if I have revocable GPA or irrevocable GPA. My father hasn't shared any POA or GPA copies with me. Can you please suggest what I can do to stop misuse of GPA? Thanks

Advocate Praveen Pinto answered
A GPA if signed before a notary public is a revocable GPA but if it's registered then it could be irrevocable based on the averments made therein. By sending a registered letter acknowledgement due or by RPAD GPA can be terminated. The termination can also be published in newspaper so that even the general public are informed about the cancellation of GPA.

Q: Divorce on grounds of adultery can I reopen the case

I had initiated a case of divorce after sufficient proof. However to severe family pressure withdrew on the first day of hearing (Feb 2012). We are both brahmins (aged 55 & 47 yrs) married under HMA. Now I find it a big mistake. Can I reopen the case OR file a fresh case on the same grounds?

Advocate Praveen Pinto answered
A fresh petition has to be filed and old case cannot be reopened. It I can be filed on the same grounds as urged in the earlier petition and also new grounds which have arisen subsequently. Adultery is difficult to prove but desertion ground if available will be easier to prove.

Q: want to file for maintenance on the ground of desertion by husband

I want to file for maintenance on the ground of desertion by husband. Is there any provision in law to know about husband salary details through his office? He is in pvt co., Can I write to his Director to know abt his salary details? Whether law permitts for that or is it against law?

Advocate Praveen Pinto answered
You can file for maintenance either under section 125 CrPC or as per the provisions of the protection of women from domestic violence act. Desertion of husband is a good ground. You can summon the salary details from the court by filing an application and the court itself will pass an order to the company where your husband is working to produce the details.