Advocate Sanjucta Kabasi

Questions Answered by Advocate Sanjucta Kabasi

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case is pending and after recording your statement or with a written application for withdrawal, the matter could be withdrawn.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. She has two sons, with the elder sent to a hostel two years ago against her wishes, and the younger one is mentally challenged. Last year in June, my sister and her younger son were forcibly evicted from their home by her husband and in-laws. Now, he has sent us a notice under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights (RCR). What can be done in this situation, considering we have no father and no brothers to support us?

Advocate Sanjucta Kabasi answered
Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not. If you do not wish to continue with the husband, divorce is the only way because without any valid reason you have no right to stay away from matrimonial house and the husband will file these petitions to call you back. If you are suffering mental or physical cruelty, lodge a police complaint or file for a petition under domestic violence act which also grants for compensation, interim maintenance and separate residence at the expense of the husband.

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

My Name is I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but resignation not accepted by employer and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

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.

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 marrigeable age of 18 or become a major on attaining the age of 18, you are a free person of your own and can contract or apply for driving license but not permitted to take alcohol as you have not attained as far as the consumption laws of delhi is concerned. But the question is do you have any employment to sustain your basic expenditures? Do you have a degree that can minimum assure for your employment in a good workplace? It is actually very waste thinking of leaving your parents at this stage when you do not have any means of livelihood and when your education is still not completed. Of course, your patents would file a missing report if you abscond from your home but would that help you in future. Atleast complete your education and take such steps when you are responsible for your own. Every child has to leave his or her parents at some or other time because he has to grow and that is what nature and time both requires from us. You would too one day definitely leave your parents but before that establish yourself. If you have any issue, talk to them and try to resolve your issue. I understand we all have certain expectations that we do not get from our parents that is why we start developing hatred for them. It is nobody's fault, it is fault of our destiny. May be god wants us to grow up in this way and trust me in hardest of times we got to learn many lessons that help us in future. I understand, you are feeling very low this time but why are you giving up so easily. You have a very bright future and you could do well in your future. All you nred to have is lot of patience. Time will heal everything. Tomorrow on your success, your parents would celebrate your hard work and you would have a fairy tale ending but for now make up your mind and forget about leaving your parents because ultimately you would be at receiving end.

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.