Advocate Prince Jose

Questions Answered by Advocate Prince Jose

Q: Cheated after giving the offer letter

Hello Sir/Madam,My brother recently got an Offer from one of the MNC in Bangalore and they promised to onboard him on 20th April.So he has to serve the Notice period where he was working and he completed that.But the new company did not onboard him till now .Not confirming the joining date,not given any compensation. Now brother has no job.I need you advise how to proceed for any legal action in such scenarios.

Advocate Prince Jose answered
If your brother has accepted the offer either by signing it or by writing to the employer, he can always seek for civil remedies. The offer letter accepted by your brother becomes a binding document and will come under the purview of Indian Contract Act. In a situation like this,wherein your brother has acted upon the offer and has tendered his resignation to the present employer, he can file a civil suit against the employer who offered the new job for either enforcement of contract or for damages/compensation.(An employer can rescind from his offer only for reasons mentioned in the employment contract. If your brother's contract has any such clause and if he falls into that category then it will be hard to pursue a legal action against the new employer.)

Q: Divorce from spouse who is a US citizen and father of my child

Hi, i got married a year ago to a US citizen and now i am pregnant with his child but he wants to divorce me and not accept my child. Can I and my child get US citizenship ? He filed for my visa and I have interview soon with immigration but before that due to continuous mistreatment and abused by him I raised my voice and now he wants to divorce me. Please guide me so that I can get justice for myself and my unborn child.

Advocate Prince Jose answered
Hi Dear,understanding the gravity of situation that you go through, i would suggest you to settle up the issue for the time being until you get your visa clearance. Your child will be entitled for a US passport if born within the country. If not, he/she will still be entitled for US passport, provided that the father acknowledges his paternity over the child or the paternity of the person is established by adjudication of a competent court. On the other hand, for you to get the US citizenship the sustainance of marriage is an essential, unless you are a green card holder and has been a resident in the US for 5 years.

Q: I need a advice regarding Divorce proceedings

Sir/Madam, I am a 30year old married banker, I have married for nearly 2 years. My wife is from a different caste. Ours was a love cum arranged marriage. Issues started cropping up regarding too much financial expectation from me, she started harassing me hitting,biting and hurting me physically as well as mentally. She used to visit my place of work and harass me. Now we have been separated for a month. How can I proceed with divorce , should I send a legal notice first or apply directly for a divorce petition. Please guide me.

Advocate Prince Jose answered
Dear friend, Your marriage comes under the purview of Special Marriage Act. There are two options for you while going ahead with your divorce petition. One is to apply for divorce under section 27(1)(d) of the Act : Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-has since the solemnization of the marriage treated the petitioner with cruelty.Second option is to apply for divorce under section 28 of the act which provides for divorce by mutual consent.

Q: What are the penalties in accident case

My insurance got lapsed before 20 days but i met with an accident with auto rickshaw as he was in wrong side. And his passenger leg fingers got wounded. Mistake was on driver side, my vehicle got damaged and i got small scratches around my hands and legs... What will be the penalty i should pay for passenger...?

Advocate Prince Jose answered
Dear friend, driving without insurance is an offence under the MV Act, which will attract a fine of Rs. 2000.Since there is no fine specified under the MV Act for causing accident with a vehicle having lapsed insurance, the amount you have the pay to opposite party varies on the gravity of damage or injury sustained by him. The court consider various factors including the medical expenses,mental agony, and at times might even consider his inability to carry on with his work which would inturn affect his earnings.The fine slapped on you will be directly in proportion to the injury sustained.