Advocate Sanjucta Kabasi

Questions Answered by Advocate Sanjucta Kabasi (25+ answers)

Q: How to withdraw divorce petition ?

I have filled Divorce petition with Cruelty act against my Husband. ...Is there any way to withdraw divorce petition in india? in such a way that doesn't affect my parents too..? and what happens if i withdraw my divorce petition ? PLZ REPLY SOOON ITS URGENT

Advocate Sanjucta Kabasi answered
It is so simple. You have to communicate your intention to the Principal judge where your case is pending and after recording your statement or with a written application for withdrawal, the matter could be withdrawn.

Q: What to do if husband sent a notice of Section 9 of Hindu Marriage Act

My sister has been married for 14 years and has two sons. Two years ago, her elder son was sent to a hostel against her wishes, and her younger son, who is mentally challenged, lives with her.

In June last year, her husband and in-laws forcibly evicted her and her younger son from their home. Now, her husband has sent a legal notice under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights (RCR). Since we do not have a father or brothers to support us, what legal options are available to protect her rights and ensure her well-being?

Advocate Sanjucta Kabasi answered

Understanding Section 9 of the Hindu Marriage Act – Restitution of Conjugal Rights

Section 9 of the Hindu Marriage Act allows a spouse to file a Restitution of Conjugal Rights (RCR) petition, requesting their partner to return to the matrimonial home. If your husband has sent an RCR notice, it means he wants you to resume the marriage.

Your Choice Matters
You are not legally obligated to return. If you do not wish to continue the marriage, you can consider filing for divorce. However, if there is no valid reason for separation, the court may favor the RCR petition, and your husband could use it as a legal ground in the future.

Legal Remedies Available
If you are facing mental or physical cruelty, you can:

• File a police complaint against your husband.
• Seek protection under the Domestic Violence Act, which provides:
  • Compensation for harassment
  • Interim maintenance for financial support
  • Right to live separately at your husband's expense

Consult a Family Lawyer
Every case is different, and legal steps depend on the situation. Consulting an experienced family lawyer will help you understand your rights and the best legal options for your situation.

Q: What to do if company is not accepting resignation in india

My name is [Name], and I was working with a Pvt. Ltd. company for 1.7 years. As per my appointment letter, I was supposed to be confirmed after 6 months, but the company did not confirm my employment even after 1.5 years. They also did not give me any salary hike during this time.

I tried to resign twice, but each time my resignation was not accepted by the employer. They forced me to stay in the organization. Finally, after 1.7 years, I resigned again, but the company is not accepting my resignation and has not provided me with a relieving letter or experience certificate.

Additionally, the company has not paid me my pending salary for 37 days. I want to know: can I file a police complaint or legal case to recover my salary?

In the appointment letter, there is a clause saying that I must work for 2 years, or else pay one month’s gross salary. However, this condition is only mentioned in the appointment letter — I have not signed any bond or agreement on stamp paper. Kindly advise whether I can take legal action against the company, especially since:

• My resignation is not accepted by the employer
• I haven't received my pending salary
• I have not received relieving documents
• I was not confirmed even after 1.5 years
• I haven’t signed any legal bond

Advocate Sanjucta Kabasi answered
No, an employer cannot stop you from resigning. In India, resignation is the employee’s personal right, and the employer cannot deny or reject the resignation through pressure or undue influence. If you have submitted your resignation letter as per the terms in your appointment letter and served the required notice period, then the employer is bound to accept your resignation.

If the company is not accepting your resignation, it is against your legal rights as an employee. In such a case, you may be entitled to take criminal action against the employer for wrongful restraint or intimidation.

You can also report the matter at your nearest police station and explain that your resignation was not accepted by the employer, and they are trying to forcefully retain you.

Q: How to break relationship with parents legally in india ?

What procedure i have to take if i want to leave my mom and dad.... my age is 21... Will police follow me or arrest me and take me back to parents... i want to leave my family coz they dnt treat me like child.. and there is no other option left for relation to recover....what is the legal separation from parents ? plz answer me

Advocate Sanjucta Kabasi answered
As soon as you attain the marriageable age of 18 or become a major on attaining the age of 18, you are a free person in the eyes of law and can contract or apply for a driving license. However, you are not permitted to consume alcohol as per the consumption laws of Delhi.
But the question is, do you have any employment to sustain your basic expenditures? Do you have a degree that can at least assure you of employment in a good workplace? It is actually not wise to think of leaving your parents at this stage when you do not have any means of livelihood and your education is still incomplete.
Of course, your parents may file a missing report if you abscond from home, but would that help you in the future? At least complete your education and take such steps only when you are capable of taking responsibility for yourself.
Every child has to leave his or her parents at some point because growing up and becoming independent is what nature and time demand. You, too, will leave one day, but before that, establish yourself.
If you are facing any issue, talk to your parents and try to resolve it. I understand that we all have certain expectations which, when unmet by our parents, make us feel unloved or misunderstood. It’s not anyone’s fault, it’s the circumstances we are put into. Maybe God wants you to grow stronger in this way. Trust me, it is during the hardest of times that we learn the most important lessons for the future.
I understand you are feeling very low at this moment, but why are you giving up so easily? You have a bright future ahead. All you need is a lot of patience. Time will heal everything.
One day, on your success, your parents will celebrate your hard work and you will have your fairy tale ending. But for now, gather your strength and forget about leaving your parents, because ultimately, you may end up on the losing side.
 

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Sanjucta Kabasi answered
No, it is not possible. Resignation is a choice of the employee and employer cannot take it away by undue influence. The employer is bound to accept resignation letter. If he does so, criminal action is liable against him. Report the incident to nearest police station for intimidation and wrongful restraint.