Forum Replies Created
-
Posts
-
BIf his parents have any known friends who are lawyers, or known connections, better to go with themBA person cannot be detained for more than 24 hours without an order from the Magistrate. Since only 12 hours has passed, wait until the remaining time passes. If he is not released after that, immediately contact a lawyer.BAlso the parents can write directly to Magistrate if the police refuse to file the case. I hope the family heals from this, and gets the help they need. Try contacting any NGO near their place if needed for additional help.BGo for a restraining order on the grounds that he is abusing your elderly disabled parent. I don’t know why the lawyer said it isn’t worth it, you can ask for a second opinion from another lawyer if needed. In that way, you can at least take some action on him if he violates it.BAt 27, he’s an adult. Even if the entire family cuts him off, there is not much action he can take legally. Also ask your parents to write a will at the present excluding this person, making it clear that he would not be inheriting any property. Also, update the will when needed. Kick him out, that’s all and go no contact. After that if he tries to harm the parents by entering into the house forcefully or abusing the parents physically or emotionally then action can be taken by the police since now there is strong proof of abuse. Also record all the threats made by him so that you can use it in your favor.BFor all you know, the victim is counting on you to make or break their case. You’ll be considered as direct evidence since you witnessed it first hand and are actually very important to the victim. Please reconsider your decision and imagine this from the victim’s shoe rather than considering it a headache.BThere’s this workman’s compensation act under labour law where the worker’s family is awarded compensation if the worker dies during the employment. This would be applicable if the construction company falls under this act. I would suggest you contact any local NGOs who would be willing to take up this case and consult a lawyer. I’m sure you can get some compensation legally although it may take some time.BI’m sorry but as far as I am aware those are very rare and almost never happen as the provision mandates a preliminary investigation and it also be referred to some welfare committee before any arrest is made. Also when such a complaint is filed when there is an ongoing litigation such as the husband seeking conjugal rights he already has legal representation. So that same lawyer can represent him in this case as well if at all he is found guilty of it through the preliminary investigation. I get that fear that immediate arrest may happen because of the news these days but that is not the reality always. Especially with a good lawyer you’re good to goBNah, even if the wife files a false case, the court can easily figure out that it’s false since it is only given after the conjugal rights petition is filed and not since their time of separation. You will need a good lawyer to argue your stand in such cases however. When i interned under a senior advocate, he got a case where such a case was filed and he argued for the husband and got it dismissed. He showed how there is no evidence, no merit and that it’s filed only after the conjugal rights petition is filed.BHave you tried consulting a lawyer regarding this? Because legally if you file a conjugal rights petition, you can at least get some closure and have visitation rights. [Courts consider when spouses leave without any explanation](https://www.scconline.com/blog/post/2024/08/28/complete-denial-company-spouse-without-any-justifiable-reason-amounts-cruelty-constitutes-death-of-spirit-and-soul-hindu-marriage-allahabad-hc/ )BYes they work. The court considers conjugal rights and it is better than taking no action. And the majority of the times filing any fake 498A cases after the petition for conjugal rights is being filed will let the court know that it is indeed fake and is likely to be dismissedBOoh then they are yet to file the charges. Keep in touch with the police officer and collect the FIR once it is filed without fail. I am unsure of how the lawyer you consulted could determine the punishment period without the charges being filed yet. Just check that once and get a second opinion from another lawyer if you can. Hopefully he gets bail.BYeah, what is the offence and has the police filed the FIR? If so you can get a copy of it and see what the charges are. The charges are the sole determinants of the punishment, so if you know the exact provision under which the arrest has been made you can find out if it is bailable or not and if you can file an anticipatory bail petition also.
If you can get a second opinion from another lawyer if your gut doesn’t trust the one you consulted.
BKindly consult with a lawyer immediately. They will let you know if the offence is bailable or otherwise and the period of imprisonment if any.
