Advocate Sangram Singh Desai

Questions Answered by Advocate Sangram Singh Desai

Q: False Sexual Harassment case on my father working in psu

My father in his govt office has served 20years but one female Intern lodged complaint against him under SH based on a handshake 5 months ago. She thought she would fail in exams n just before her results she lodged complaint. My father is law abiding and never did such thing. The ICC in his Dept declared him innocent 15days ago but now she Lodged FIR. Her brother is in police. My father already got anticipatory bail from court knowing her intentions. Now what should we do after FIR? Does a handshake proves him guilty for which she came forward and not my father. Any lawyer who won such case?

Advocate Sangram Singh Desai answered
It is often seen that Ladies are taking undue advantage of the protection given to them by Law. a handshake, does not itself means that it has outraged modesty of a woman. outraging modesty is defined in the Indian Penal Code in section 354. so far she has filed FIR then the police machinery will investigate the matter. thereafter, they shall file charge sheet or if they don't find any substance in the complaint then they ( the Police) shall file report U. Sec. 169 of Cr. P. C.In case if the charge sheet is filed, you have to face the trial.

Q: Daughter's share in father's property

Daughter's share applicable father's property and how many percentage of share?  Any laws applicable for daughter or grand-daughter.

Advocate Sangram Singh Desai answered
Daughters have equal share in the ancestral property of her father as per Hindu succession act. If denied can file suit for partition. Kindly write in detail about the property. Your religion and family history.

Q: Does my mother have any right in her paternal property?

My maternal grandfather was gifted family property by his other brothers as he had some disability.So the property in question has been in my grandfather's name since my mother's childhood.My grandfather had 3 children my mom, elder & younger uncle.My grandfather died in feb 2005.In july 2005 my father died so my elder uncle took us to my maternal house to live with them.My elder uncle is also dead.My mom has taken care of all medical expenses of my grandfather/mother & uncle. My younger uncle din't fulfill any of his responsibility as a son & now he is denying my mother share in the property

Advocate Sangram Singh Desai answered
You have not specified whether you are Hindu or any other religion. If you are Hindu then your mother have equal right as that of other uncle/s in her ancestral property. She can demand her share and if denied she can file suit for partition.

Q: Judge passed decree for divorce but I don't want divorce

my husband file case for divorce..and judge allows his application but i dont want to give him divorce. what should i do if the given order has no base he told that only on the basis of crulity 13(1) , 1b 1955 hindu marrige act dislove marriage .

Advocate Sangram Singh Desai answered
Whether the matter was contested? Against every judgement passed by lower Court you have to file appeal in higher Court. Now you have to file appeal in High Court and get the lower Court judgement stayed.

Q: Police denying to register my case threatening to file case against me

14th November there were some people who were beating. They were around 10 people. I also hit back then a case were registered against me under 324 IPC. Thereafter i tried to file a complaint against them, police denied to that. The police is threatening me now that if i file a complaint they will register a case of 307 and 326 against me. What should i do? Can they do that?

Advocate Sangram Singh Desai answered
in such cases you can file a Private Complaint before the magistrate and get an order to register crime against the accused. In certain cases a writ petition can be filed against the police for inaction.