Justice Kishan Dutt Kalaskar (Retd.)

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Questions Answered by Justice Kishan Dutt Kalaskar (Retd.)

Q: Need guidance- on Dowry and Domestic Violence

I have had been in marriage from 16 years now, eventually got to know about him , as in he is not earning properly and not taking proper care of me and my daughter.He has taken away my gold that ny parents had given me and my daughter,claiming that he will return gold to my parents, he has not till now. He threatens my parents on calls that he wont return my gold ornaments and to do whatever we can . Also he took 2 lakhs from my mother in cash, when we were not aware of his intentions. We are go

Justice Kishan Dutt Kalaskar (Retd.) answered
Dear Madam,You have multiple options to go ahead against your husband. You can first lodge a complaint with Police and recover the gold jewelry and thereafter file Domestic Violence and Maintenance case. Thus, there are chances of getting back your Gold items and Cash given by your mother.

Q: Maintenance case against my husband

I want to withdraw 125 crpc case because we decided for mutual divorce.He will give settlement amount after I withdraw case.Should I withdraw 125 crpc case before mutual divorce order and full settlement?

Justice Kishan Dutt Kalaskar (Retd.) answered
Dear Madam,It is not wise to withdraw 125 of Cr.P.C case before mutual divorce case is filed. First get 50% settled amount on the date of mutual divorce petition filed and later withdraw the same and file a copy of 125 of Cr.P.C petition having withdrawn. On the date of final orders in mutual divorce you have to get remaining 50% amount.

Q: Police illegal acts, forgery,etc. Should I file WRIT or PVT COMPLAINT?

In June 2022, I filed a complaint against someone, but that person had connections with a police sub-inspector. This PSI came to our house, took me & my mother to the station, & tried to settle the matter for money, even without an official complaint & without a lady police. The next day also, he harassed us again and falsely accused us by backdating a complaint.In July, I met the commissioner, and finally, a case was registered against the accused. However, the same police officer became the

Justice Kishan Dutt Kalaskar (Retd.) answered
Dear Sir,If you wish to lodge complaint against the then PSI then you have to file a private complaint before Magistrate as follows:File A Criminal Complaint In India: A Step-By-Step Process Most Indian citizens are not aware of their legal rights. This lack of awareness is among the major reasons because of which reporting of criminal activities is not a seamless process in India. The general perception about policemen is also not helpful. However, reporting of crimes that you witness is essenial.India has a poor reputation when it comes to reporting of criminal activity. Several crimes, particularly against women, go unreported. This is for a variety of socio-political reasons, but somewhere among them is also a misunderstanding of legal rights. India, in truth, has all the laws in place and understanding your rights is key to increasing reporting criminal elements in our society.A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:Filing an FIRIn case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.What can you do if your FIR is not registered?It is illegal to not register an FIR. The remedies available are:1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.3. You can file a private complaint before the court having jurisdiction.4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.

Q: Living together After Divorce, again she left me wen she was pregnent

Hi I was married in 2019 & wife Divorced on 2021,so marriage was ended in Mutual Divorse.Aftr 2 yrs she came bak to me,we didn't hav marriage again,we had physical relationship & she got conceived,aftr tat we stayed together for 3 months, in which later she went her parental home as she was 7mnth pregnant and aftr she went to her parental house she said she doesn't want to live wit me & asking me for maintenance.She is well educated, can she claim maintenance from me?? Pls tell

Justice Kishan Dutt Kalaskar (Retd.) answered
Dear Sir,Once divorced always divorced. You need not to pay any maintenance to her but if established the child is of you then you may be asked by the Court to pay maintenance for the child. Always deny that the child that may born is not of you to avoid paying maintenance otherwise as a moral gesture you may start paying maintenance.

Q: Sexual abuse on promising marriage

I and my ex-boyfriend was in a serious relationship since our college days .after we both graduate we were living together in the same house for a year ,he promised me marriage and had been in sexual relationship also .it was going well, then i figured out he had an affairs with an another girl and he refused to admit it and things got heated and he abused me physically.now he refusing to marry me and blamed it on me that I have an affair with my close friend

Justice Kishan Dutt Kalaskar (Retd.) answered
Dear Madam,It is your leniency which made your male guy to behave arrogantly. Immediately go to nearest Police Station and lodge a serious complaint and see that he is arrested and if interested you can marry him and continue your married life.