Legal Solutions

எனது கணவர் கடந்த இரண்டு வருடங்களாக அமெரிக்காவில் வாழ்ந்து வருகிறார். அவருடைய தம்பியின் மனைவி வரதட்சணை புகாரில் என்னுடைய கணவருடைய பெயரையும் சேர்த்து இருக்கின்றார். இதற்காக என்னுடைய கணவர் இந்தியா சென்று முன் ஜாமின் பெற வேண்டுமா? இன்று நம் நாட்டில் பொதுவாக வரதட்சணை புகார் என்றால் மாமியார் மாமனார் கணவனுடைய சகோதர சகோதரிகள் ஆகியோர்களை சேர்த்து புகார் கொடுப்பது வழக்கமாக இருக்கிறது. காவல் நிலையத்தில் புகாரை பெற்றுக் கொண்ட பிறகு அதில் உண்மை தன்மை இருக்கிறதா என்று ஆராய்ந்த பிறகு காவலர்கள் அந்த புகாரினை வரதட்சணை புகார்களாக பதிவு செய்வார்கள். அப்படி இருக்கின்ற பட்சத்தில் அது எஃப் ஐ ஆர் ஆக மாறுகின்ற பொழுது, எந்த நேரத்திலும் அந்த குற்றச்செயலிலே ஈடுபட்டவர்கள் மீது கைது நடவடிக்கை பாய வாய்ப்பிருக்கிறது. ஆகவே அதனை தடுப்பதற்கு நாம் உண்மையிலேயே அத்தகைய குற்ற செயலில் ஈடுபட்டு இருக்கிறோமா அல்லது இல்லையா என்பதை விட ஒரு முன்னெச்சரிக்கை நடவடிக்கையாக நீதிமன்றத்தை அணுகி மேற்படி வழக்கில் தங்களை கைது செய்யக்கூடாது என்று முன் பிணை பெற்று இருப்பது நல்லது. அவ்வாறாக முன்பினை பெறாத பட்சத்தில் அந்த எஃப் ஐ ஆர் இல்...

என்னுடைய மனைவி என் மீது பொய் குற்றச்சாட்டுகளினால் என்னை தொடர்ந்து மிரட்டிக் கொண்டிருக்கின்றார், அவர் தனது பெற்றோரிடம் நான் அவரை அடிப்பதாகவும் துன்புறுத்துவதாகவும் அவரைப் பற்றி அவதூறாக வெளியே சொல்வதாகவும் எனது மனைவியை சந்தேகப்படுவதாகவும் ஒவ்வொருவரிடம் கூறுவேன் என்று சொல்லி என்னிடம் தொடர்ந்து பிளாக்மெயில் செய்து வந்து கொண்டிருக்கின்றார். இதற்கு சட்டப்படியான தீர்வு ஏதாவது இருக்கிறதா? நம்முடைய நாட்டு சட்டங்கள் பெண்களுக்கு சாதகமாக பல அம்சங்கள் இருப்பதினால் பெண்கள் அதை தங்களுக்கு சாதகமாக வைத்துக் கொண்டு இவ்வாறாக மிரட்டல் செயல்களிலே தன்னுடைய கணவரிடத்தில் ஈடுபடுகின்றார்கள். கிட்டத்தட்ட இத்தகைய செயல்கள் எல்லாம் ஒரு மனிதனுக்கு மன உளைச்சலை கொடுக்கக் கூடிய செயல்களாக தான் நீதிமன்றம் கருதும். ஒருவேளை உங்களுடைய மனைவி செய்கின்ற அனைத்து செயல்களும் நீங்கள் அவருடன் வாழ்வதற்கான சூழல் சரிவர இல்லாமல் போகுமே ஆனால் உங்களுக்கு அவற்றை கையாள்வதற்கு இரண்டு விதமான திட்டங்கள் இருக்கின்றன. ஒன்று உங்கள் மனைவியுடன் இருக்கின்ற அனைத்து பிரச்சனைகளையும் ஒரு தீர்வுக்கு கொண்டு வந்து சமரசமாக சென்று பிரச்சனைகளுக்கு ஒர...

Advocate K.P.Satish Kumar M.L. ( High Court, Madras) In case of a police is not registering a cognizable offence what a person can do. Today in many places police to receive a complaint and to register a FIR, bribes are collected. Poor persons cannot approach a Police station to register a case and put the culprit to be tried by the court of Justice. On such occasions people sought a help of an advocate to register a case. Sometimes even after the help of an advocate the police refuse to register a case in cognizable offence. In such situation a person can approach the Magistrate of who have jurisdiction to register the case and direction to the Police officer to do proper investigation under section 156 (3) of the Criminal Procedure code. When a police not registering FIR then the Magistrate has power under section 156(3) Criminal Procedure Code to order Police to register FIR though such power is not expressly mention in Section 156(3) Criminal Procedure Code A Magistrate has very ...

The COVID-19 pandemic has taken and continues to take an unprecedented public health and economic toll on our state. Most of the conditions are known all too well: the deaths of thousands of our fellow Indians and illness to Lakhs of others, devastating families and straining the capacity of our hospitals and other health care providers. With more than a million Indian workers having filed for unemployment and state government facing a budget shortfall in the Crores of Money, the impact on the economy is like nothing we’ve seen in our lifetimes. Millions of Indians are without a single earning in this quarantine period. The middle class family is indebted and now in the position not to repay the debt. The Banking sector even in the quarantine period neglects the government guidelines now pressuring their customers to repay the loan. Losing Indians job will force them to get loan in private sector. It is better to be advised to the fellow citizens now to borrow money from the money le...

A man and woman not married, but having live-in relationship is enough for the Woman is entitled to maintenance under Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled for maintenance. The women has to show that though there was no marriage but relationship was in the nature of marriage. Having sexual relationship with a women frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients :- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a...

Authour : Advocate K.P.Satish Kumar M.L. Madras High Court. Leading Divorce Lawyer in Chennai. After the solemnization of the marriage when any of the spouse either the husband or the wife is treated with cruelty, they are eligible for divorce. Section 13 (i) (a) of the Hindu marriage has not defined the term cruelty. But the courts has interpreted that cruelty falls under Physical and mental cruelty. And the cruelty may be intentional or unintentional. If it is physical, the court will have no problem to determine it . It is a question of fact and degree . If it is mental, the problem presents difficulty. The Supreme court at various circumstances has summed up the situations which are fall under mental cruelty. The expression 'cruelty' has an inseparable nexus with human conduct or human behaviour . It is always dependent upon the social strata or the milieu to which the parties belong, their ways of life, relationship, temperaments and emotions that have been conditi...

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supr...

It is mandatory to obtain license to run a women hostel in Chennai. The Government provide law to obtain license for establishing a women’s hostel. A Application should be given to the District collector along with a fees of Rs.3,000/- After receiving the application the collector will make an enquiry about the hostel premises. The Enquiry team consists (1) District Social Welfare Officer, (2) District Child Protection Officer, (3) Project Officer ICDSS, (4) Differently Disabled Welfare Officer, (5) Representative from Health Department, (6) Personal Assistant (Account) to Collector, and (7) Thasildhar or Deputy Thasildhar of respective Jurisdiction. The above team should give a inspection report to the Collector within 20 days. And on the basis of the inspection report the collector may or may not grant the license to run a women’s hostel. When a license is refused the aggrieved party may approach the government within 15 days. Article by Advocate K.P.Satish Kumar M.L. Advocate, ...

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the o...

Fugitive diamond trader Mehul Choksi has surrendered his Indian passport and renounces his Indian Citizenship by mere surrendering his Indian passport in Indian embassy at Antigua by merely paying Rs.13,500/- as renunciation charges. Antiqua provides citizenship for US$1,00,000/- which is very cheap for economic offenders. Mehul Choksi is the proclaimed offender by the Indian court for the multimillion croe scam in Punjab National Bank (PNB). Antigua leads a new way for the scientific asylum to many economic offenders for the entire world. Antigua and Barbuda has a newly launched citizenship by investment program for investors who can directly acquire citizenship and passport by donation to a charity for a sum of US $ 1,00,000 or through purchase of real estate for US$ 4,00,000. The country joins St.Kitts and Nevis and Dominica where the citizenship program is already up and running. Choksi who obtained citizenship of Antigua by investor scheme has returned the Indian Passport. The ...

Three year imprisonment for pronouncing Talaq and no bail to the husband until the wife gives consent for the bail not only makes the Muslim male in turmoil but Muslim males have no law for divorce right now. How can a Muslim men can divorce right now in India. What is the solution for them. The family court of Chennai is entertaining divorce petition from Muslim in the Suit format but it also places a hurdle that the maintainability of the suit is decided on the trial only by the presiding Judge. The Indian Government has not said that any other format of Talaq is valid and the court also not discloses whether the Declaration suit for Divorce is valid. I Don’t know why the entire Muslim community is keeping quiet when there is a lawlessness situation for Muslim men in case of Divorce and matrimonial dispute when the female counterparts are protected with the Divorce and Matrimonial laws. Whether the lawmakers doesn’t see this a gender inequality. After the implementation of The Musl...

An affidavit is a statement in writing of facts made on oath for submission in legal proceedings or for official purpose, such as, issue of duplicate ration card. An affidavit for legal proceedings is to be affirmed or sworn before an officer of the court who is empowered to perform such task, and court-fee stamps as prescribed are to be affixed on such affidavits. An affidavit for official purpose is to be affirmed or sworn before a Notary, and is to be made on non-judicial stamp paper. A Notary is a legal practitioner appointed as ‘notary’ by the Central Government or the State Government under the Notaries Act 1952 to perform specified functions, including, to ‘verify, authenticate, certify or attest the execution of any instrument’. The Oaths Act 1969 deals with ‘the law relating to judicial oaths and for such other purposes.’ ESSENTIALS of an affidavit : • it should be in writing; • it should contain the name, age, address and nationality of the maker; • it should b...

When it comes to administering a decedent's estate, the process commonly referred to as "probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps. What is the Probate Process? Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrato...

In case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person. It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance of debts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required. Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located. Details: The application requires details like – name of petitioner – relationship with deceased – name...

When opening bank accounts, most of the banks try to coerce you into making a nomination in the new bank account that you open. At times you may want to create a nomination or choose to ignore the same. However, if you do make a nomination it would be extremely helpful to your family members. Many banks try to remind elderly customers if there is no nomination in the savings account or a fixed deposit. Many elderly individuals who have opened account at a very early stage may not have made a nomination. While ideally you must, here are is what could happen in case the person meets with death and there is no nomination in the savings account. A few method in which money can be claimed from the savings account of a dead person. In case of joint account with either or survivor In case the savings bank account has been with another joint account holder, then the balance in the account would be passed onto the survivor. A copy of the application, along with a photocopy of the death cer...

Inheritance in India is governed by two process – 1. By Will 2. Personal laws Inheritance under a Will A will or testament is a legal declaration expressing the wishes of a person, containing the names of one or more persons who are to manage his estate and provide for the transfer of his property at death. If a father (testator) leaves behind a Will, the property will be distributed among the brothers according to it. An executor is appointed by the testator, as distinguished from an administrator who is appointed by the court. Inheritance according to personal law Inheritance in India and the manner in which property of a deceased person is to be distributed is determined by the law of Succession, in the event where there is no will or equivalent document declaring the deceased person’s intent. Under Hindu law Section 8 and 9 of the Hindu Succession Act, 1956 governs the distribution of the property after the death of the Hindu male. The property of a Hindu dying int...

Right after death, get the death certificates from the municipality, which will be shown when inheriting money from bank accounts, closing the deceased bank accounts, etc. Family members are required to register the births and deaths within the prescribed period of 21 (twenty one) days from the date of death to the registrar. The registrar is: In Rural areas, Registrar (rural) – Village accountant In Urban areas the following are the registrars In case of City corporations: Health officer. In case of City Municipal councils: Health officer/Health inspector. In case of Town municipal councils: Health inspector. In case of Notified areas/Project areas/Cantonment – Health inspector. As there is no will, the legal heirs will have to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – th...

If the bank account of the deceased has no nominee mentioned then according to Reserve Bank circular dated 12 July 2005, if the money is less than the threshold limit decided by different banks (which is normally around Rs.1 lakh) then banks are advised to desist from insisting on production of succession certificate, letter of administration, etc. Here the legal heirs i.e. all the four successors, have to sign a letter of indemnity which states that the bank is not liable any more. The heirs, i.e. you, will be receiving payments from bank as trustee of legal heir from the deceased person. If any legal problem surfaces regarding the ownership of the bank money, then the complainant will deal directly with you and not with the bank. If the money in the bank is more than the threshold limit decided by your bank, then succession certificate is mandatory. For inheriting the money of the deceased, all the legal heirs should also write and sign a Joint application for the same. If the de...

A testator can change his Will, at any time, in any manner he deems fit. Every person of sound mind, and not a minor, can make a Will. If a person is of unsound mind at the time of making a Will, the Will is not enforceable. A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person. A Will, made under influence of intoxication or in such a state of body or mind, sufficient to take away free agency of the testator, is void. A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will. Article by Advocate K.P.Satish Kumar M.L., leading Civil lawyer in Chennai For all your legal Queries c...

The Supreme Court today issued notice to the Centre while hearing a petition seeking a nation-wide ban on the Blue Whale Game. The Court has given three weeks’ time to Centre to file a reply. The matter was heard by the Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. Advocate CR Jaya Sukin represented the petitioner. The PIL has been filed through AoR Narendra Kumar Verma. The petition contends that the game has been introduced from abroad and has spread over many cities across the Country. It alleges that the game encourages youngsters to commit suicide after playing the game. It states, “Blue whale an on-line game encourages people to take part in increasingly dangerous harmful dares that culminate instructions to kill themselves…Blue Whale game is snatching the life of children and adults in the guise of game which would be caused very damage to our country.” The petition further contends that once a person starts playing the game he/she can...