Advocate Shalini Kapila

Questions Answered by Advocate Shalini Kapila

Q: Wife torturing husband threatening him to leave his job

Sir, my son, working at Nagpur in a pvt co. is constantly being tortured by her wife. she always tries to demoralise and demean him. Me & my had gone to Nagpur to pacify the atmosphere there but she abused us and treated us badly & we had to leave. she tries every bit to prove him lier and untrustable man so that he is shunted out from his office also. she has threatened my son that she would see how he continues in office. my son has stopped eating anything in his own house fearing his life. He has contemplated ending his life to get rid of her torture. kindly advise legal remedy if there is.

Advocate Shalini Kapila answered
Get a divorce. and ask your son to either go for marriage counselling and for a time being live separately. Dont try anything unreasonable like suicide as thats a horrible act to do. If possible discuss with his boss and shift the location of the office to a different place to get solitude and distance for thinking better. Also avoid over indulgence with any office employees or co-staff and if possible i shall advice the parents of the son to live with him without the wife.

Q: can foreigners be prosecuted in India for abusing our Country and ppl?

i am cook works for foreigners in Delhi. they abuse me a lot and abuse the country as well. can we take any legal action against them?

Advocate Shalini Kapila answered
Yes they can be penalised. You can please check with a lawyer in your state and file personal injury through abuse and insult petition. The same can have criminal penalty as well.

Q: Making a feature film and using old songs lyrics. Any issues?

i am making a feature film . in that i am using 3-4 old songs , of different producers. But these song would be sung by a begger on road in his own voice. and neither orignal sound track nor its any piece would be used. Is there any copyright issue which may occur in this issue?

Advocate Shalini Kapila answered
Yes, there are always copyrights. So please talk to the producers or production houses of the songs u intend to use and take permission for it by paying the goodwill for it. Nonetheless, there can is criminal charges and claim of you for using the same.

Q: Wife threatening. Left home and 2 kids. Can she claim part of property

Wife and her family threatening me with false case of beating against me. She left home and kids are with me. She wants divorce and I always try to patch up bcoz of kids. Now it is enough. I have property flat in my name and taken loan also. Kids age 4.5 years and 2.5 years. I am working and earning approx 40k. Can she claim part from property? What about kids? Your help would be highly appreciated.

Advocate Shalini Kapila answered
She can claim maintenance from you and yes part property also taking the age of the children that is less than 5yrs the mother has right for custody as well. But as it seems she has other interests and if you can provide evidence regarding her different motive and disinterest in keeping the family together than court shall not give her the assets and you might will custody as well.

Q: Can I marry my mother's brother's daughter's daughter?

Can I marry my mother's brother's daughter's daughter under HMA 1955? Will this marriage be valid ?

Advocate Shalini Kapila answered
Well you can if both of you are mature (above 21) in the eyes of law. But, as per hindu religion you can not since it is close blood relations. Also, it depends on your family thinking and age difference.