Advocate Sonia Rajesh

Questions Answered by Advocate Sonia Rajesh

Q: miss-use of IPC from wife, what remedy do i have ?

Hi SIr, I m married and its being only 2yrs. one day Me and my wife had a small miss-understanding and their parents took her away. While leaving she said "I know how to leave without you". Her Parents said " I will not let my child with you". I never called them. She tried calling around end of 3rd month, I did not pick her call. After 3 months they went directly police station with false complaint saying I had beaten her and sent her away from home. Me and My father went to station. And they tried to scare us by telling police to file FIR. We did not bother, Again after 3 months they came back saying to police station again saying, My daughter was harassed for salary. We now took them to Mediation centre. There she is not even accepting truth/mistake. She is not even giving commitment like she will not repeat these things again. My parents say to divorce her, bcoz of lack of trust on her and her parents. Do we have any law how to handle these things, feel like I m spoiling her life

Advocate Sonia Rajesh answered
I understand your concern and empathize with you. A striking feature in your query that caught my attention is when you quote "feel like I am spoiling her life", this clearly indicates you want to mend the things and its parents and external influence that is causing the harm. There are multiple ways to deal with the same, rubbing each others ego will lead to disputes and further challenges. The environment in the mediation center is very different compared to that of one-to-one counselling, trust in this matter seems to have been lost and that needs to be regained before moving on, writing and committing on a piece of paper cannot mend the heartache, its important that you need a good listener to spend quality time with you both and bring back the life on the normal track. You just have a two year old kid and I am sure you are thinking of the future. I suggest you for professional counselling to resolve the issue, and I'm sure things will sway favorably for the betterment of all three lives. You may wish to read my blog on counselling to understand the steps involved... http://lawyersonia.blogspot.in/2016/06/marital-and-pre-marital-counselling-in.htmlRemember, divorce or separation is a hasty step, think a hundred times before choosing to opt separation, try all possible ways to establish clarity and understand each other. All the best ...Regards, Sonia Rajesh

Q: Theft of Jewellery by Brother

I stay in a joint family. Recently my brother stole my wife's Jewellery and mortgaged it for INR 1,05,000 and also stole INR 15,000 kept in our cupboard by forcefully opening it while we were away. Considering he is my brother, what should i do now. Should i file a police complaint because my family's reputation is at stake ? I want my Wife's Jewellery back atleast. Should i get into a loan agreement with him and give him some time to repay the money, if not what should i do, how do i recover money without putting him and the family into disrepute, please advice?

Advocate Sonia Rajesh answered
I understand your concern and empathize with you, also respect your emotions inline with the family reputation and other things at stake. Nonetheless, here is an event where you believe things are stolen. As per the law, Whoever commits theft (if proven, irrespective of relationship) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. you need to decide here, if you want to go ahead and file the compliant or not. One other aspect from your query that gets highlighted is the jewellery is mortgaged, I believe you have already done some homework and identified the root causes. If so, you can definitely get into an agreement with your brother including various points to be considered. But remember, by doing so, you may not have an option of punishing him as per the court of law since this event will not be seen as theft anymore but more as an agreement where you have pardoned the act of steeling. To be on a safer side you can not only get into an agreement, but also collect post dated cheques to be on a safer side, in case he defaults you have an option to file a case of check bounce. Dishonoring a financial instrument (cheque) will attract criminal proceedings which include fine and also imprisonment.Regards, Sonia Rajesh

Q: Wife relatives threatening her to sign the property paper what to do.

Recently my wife and his brother was assaulted in their home by their relatives, This was to force them to agree to sign a property document in their name. We had filed a complaint but did not request the police to file FIR as they were relatives. After one week they are now threatening us that they will get us killed by giving supari to rowdy & by filing false atrocity case against us. My wife is a nursing mother with a 40 day old baby, Her father has passed away and her brother and mother stays alone and is supported for living by me. This has been very mentally stressful for the entire family. How should i proceed further.

Advocate Sonia Rajesh answered
I understand your concern, and your worries are justified, especially with a nursing mother and a 40day old kid. Per my experiance at least 90% a times, things get resolved by talking them out in the right environment. I suggest you to call up her relatives (not all, identify the person who is an influencer or the one you want to talk to) and figure out the reasons, logic and identify what is the root cause for this issue. Check if any debt or loan against this property or other financial commitment is involved for such a event that has occurred. If you are convinced by the logic take action accordingly, else the next best action will be to consult a lawyer in your city / location and file the case accordingly, since they are your relative and you dont want to take any drastic step, the first step will be to send them a legal notice and warn them to stay quite else you will have to take an action. If this too does not work and you find further advances from them, go ahead with legal action. Threatening to kill is a crime, It is called intimidation to cause death and is punishable under IPC 506 with upto 7 years of imprisonment. While there are grave steps that can be taken, my first suggestion is to talk to them either you can do so or engage a lawyer who on behalf of you can talk and try resolve the case. Regards, Sonia Rajesh

Q: Wife staying at her mother's house not allowing to talk to my daughter

Coming December we are completing 7 years of our marriage. My wife doesnt want to stay with my parents and forcing me to make a seperate home, till then she wont come back from her mother house. From past 8 moths she staying there and admitted my daughter to school there only. Now from past one month she is not allowing me to talk to my daughter who is 5 year old and my wife also also not responding my calls and messages. I am the only son to my parents, my father is 70 years and my mother is 63 year aged. I wish we all stay together but my wife doesnt want this. I am getting mentally harased. Please advice me what I can do and what options I have to stay together or in worst case take divorce.

Advocate Sonia Rajesh answered
I understand your concern and totally empathize with you. Unlike you I have seen many a clients in similar situation and have resolved the issue where most of the challenges have been overcome. I strongly recommend for a counselling session, here the future of the child is involved too, there will be many a emotions ups and downs, we can resolve these challenges amicably with series of counselling sessions. Per my experience, initially there will be lot of reluctance and lack of trust, it is also possible we may have to send a notice for your wife to appear for a discussion. Things will get resolved and we need to find a win-win situation. If things dont work at all the last resort will be either of the two options 1. Judicial Separation + Visitation rights of the child or Child custody to you 2. Divorce (Mutual consent or Contested) + Child Custody / Visitation. Many a times its observed the parents and in-laws unknowingly play a role in damaging the relationships and misunderstandings grow both sides, which can be resolved. Regards, Sonia Rajesh

Q: Husband did second marriage out of India - what action can i take

Hi Please let me know what action can I take in India for his second illegal marriage in out of india I have evidence

Advocate Sonia Rajesh answered
I understand your concern and empathize with you for the situation you are in. Relationships are very delicate and need to be carefully managed. The question you have posted is very open, there are two angles to look into this. 1. Get back your spouse and restart your life with him again2. Punish him… without divorce second marriage is an offence under section 494 of IPC followed with divorce. You need to suggest the course of action you wish to take based on which the legal action be taken, the second marriage is illegal and punishable and yes, you can take action against him filing a case for Bigamy (but if he has changed his religion from hindu to muslim and marries then its permissible under law for a muslim man to marry more than one woman, if you can prove the conversion was solely for the purpose of marriage then it can be challenged. Remember you should have all the evidence to show the second marriage ceremony). Adultery is one another ground that can be claimed if he has married to a woman who is also married and not divorced. If a married man indulge in sex with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense & on the basis of this you as his legally wed wife can seek divorce from him in the family court but cannot get him punished under section 497. My suggestion will be, if you want to live with him... seek counselling and figure out options, if you dont want to live with him then seek divorce. If you believe you need to punish him there are options that can be exercised as per law.Regards, Sonia Rajesh