Brightsanjay9083

Forum Replies Created

Viewing 15 posts - 181 through 195 (of 197 total)
  • Author
    Posts
  • in reply to: Need advice regarding POCSO act #35219
    Brightsanjay9083
    Participant
      B
      Brightsanjay9083
      PARTICIPANT
      March 15, 2025 at 6:43 am
      There is no limitation period for criminal cases and the fact that she is an adult now is not very useful for you, even if the sexting was consensual.

      in reply to: Need advice regarding POCSO act #35215
      Brightsanjay9083
      Participant
        B
        Brightsanjay9083
        PARTICIPANT
        March 15, 2025 at 6:34 am
        Yes

        in reply to: Legal Advice on Domain Similarly issue #35315
        Brightsanjay9083
        Participant
          B
          Brightsanjay9083
          PARTICIPANT
          March 14, 2025 at 10:39 pm
          Yes, there is a potential risk, even though [Career4Assam.com](http://Career4Assam.com) is not trademarked. Trademark infringement is not just about exact matches but also about whether a name is deceptively similar to an existing trademark and could confuse users.

          The owners of AssamCareer.com might argue ‘passing off,’ meaning your domain name could mislead people into thinking your site is affiliated with theirs. The risk increases if both websites offer similar services, like job listings and career guidance for Assam. If AssamCareer.com is well-known and actively enforces its trademark, they might take legal action. However, if their trademark only covers a logo and not the words “Assam Career” as a whole, their claim would be weaker.

          If you are set on Career4Assam.com, consider using distinct branding and a clear disclaimer that you are not affiliated with AssamCareer.com. But if you want to eliminate legal risks, tweaking the name to make it more unique would be the safest option.

          Brightsanjay9083
          Participant
            B
            Brightsanjay9083
            PARTICIPANT
            March 14, 2025 at 9:10 pm
            This needs to be filed in Supreme Court in Delhi (if you are not in Madhya Pradesh) or in the High Court in Jabalpur (if you are in Madhya Pradesh). You would typically not need to travel in either case.

            Brightsanjay9083
            Participant
              B
              Brightsanjay9083
              PARTICIPANT
              March 14, 2025 at 8:53 pm
              Lawyer here. If you are in a different state, you can approach the Supreme Court for a transfer of the case to a local court. The court is usually in favor of granting a transfer in favor of the wife in these cases.

              Brightsanjay9083
              Participant
                B
                Brightsanjay9083
                PARTICIPANT
                March 14, 2025 at 8:50 pm
                Depends on where this will be filed because while video conferencing is allowed everywhere, it does not always work smoothly in every court. Some courts have stable VC setups, while others face technical issues or delays.

                You can submit testimony via affidavit, written interrogatories, or through a local commissioner. If cross-examination is required, VC is an option, but how well it works depends on the court’s infrastructure.

                If avoiding VC problems is a concern, it’s better to push for written testimony first and see if the court accepts it without requiring oral evidence.

                Brightsanjay9083
                Participant
                  B
                  Brightsanjay9083
                  PARTICIPANT
                  March 14, 2025 at 8:38 pm
                  Lawyer here. Yes. A person outside India can file a case in India through a General or Special Power of Attorney. However, your personal testimony is essential to prove the case.

                  in reply to: Seeking lawyer for divorce litigation #37334
                  Brightsanjay9083
                  Participant
                    B
                    Brightsanjay9083
                    PARTICIPANT
                    March 14, 2025 at 7:44 pm
                    ince you are living and working in AP, you don’t necessarily have to fight the case in Delhi. You can file for divorce in AP itself, as courts allow filing at the place where either spouse resides. This would make things much easier for you and prevent unnecessary travel.

                    Regarding alimony, there’s no fixed formula, but courts generally consider the wife’s income, the husband’s financial standing, and other factors. Since she is earning ₹6L CTC, a demand of ₹50L is quite high and unlikely to be granted if you contest it. Courts typically award a one-time lump sum based on need rather than an arbitrary amount, and **negotiation plays a big role in mutual divorces.**

                    If she insists on filing in Delhi, and you want to avoid that, you can contest the jurisdiction. Shifting the case to AP could put you in a better position during settlement talks. Hope this helps, and stay strong—divorce negotiations can be tough, but you have options.

                    Brightsanjay9083
                    Participant
                      B
                      Brightsanjay9083
                      PARTICIPANT
                      March 14, 2025 at 7:39 pm
                      The thing is though it is not up to police to implement this and definitely their actions here were illegal.

                      Brightsanjay9083
                      Participant
                        B
                        Brightsanjay9083
                        PARTICIPANT
                        March 14, 2025 at 7:32 pm
                        Since you’ve already filed a consumer complaint, Air India will definitely respond, but expect them to drag it out as long as possible. They might delay hearings, give vague responses, or even try to settle for a lower amount.

                        Best thing you can do now is stay on top of the case; check for updates regularly and push for hearings if they keep stalling. If they don’t refund in a reasonable time, you can also ask for extra compensation for the harassment caused by the delay.

                        If they offer a partial settlement, make sure you’re not shortchanged. If you want to speed things up or make a stronger case for damages, getting legal help could be worth considering.

                        in reply to: Need Help Regarding Cancelled FIR and Court cummon. #36791
                        Brightsanjay9083
                        Participant
                          B
                          Brightsanjay9083
                          PARTICIPANT
                          March 14, 2025 at 7:27 pm
                          An FIR can’t technically be ā€˜canceled’ after registration, but it can be closed. In your case, the police may have resolved the matter but never properly submitted a closure report to the court. That’s likely why you’re still getting a summon.

                          You don’t necessarily have to go to Delhi. A lawyer can appear on your behalf and submit a request for closure, explaining that the case was already resolved. If it’s just a procedural issue, this should be a straightforward fix.

                          It’s best to handle this now rather than let it escalate. If you need help figuring out the exact status and next steps, getting legal assistance could make the process much smoother.

                          in reply to: 34 M Need advice on how to start the divorce proceedings #36402
                          Brightsanjay9083
                          Participant
                            B
                            Brightsanjay9083
                            PARTICIPANT
                            March 14, 2025 at 7:21 pm
                            It is good that you are considering all possibilities before moving forward. Since you think she may agree to a mutual divorce, the best approach is to have an open but careful conversation. Start the conversation calmly and privately. Avoid accusations or emotional arguments; frame it as a mutual decision for both of your well-being. Be prepared for different reactions. Even if she seems uninterested in the marriage, she might resist divorce due to emotional, financial, or social reasons. Since you have a jointly owned apartment and house loan, financial settlement discussions should be handled carefully to avoid future disputes.

                            If mutual divorce is agreed upon, you both can file a petition. If she refuses mutual divorce, you may have to explore grounds like mental cruelty or irretrievable breakdown of marriage, but this can take longer.

                            in reply to: Marriage Validity #35966
                            Brightsanjay9083
                            Participant
                              B
                              Brightsanjay9083
                              PARTICIPANT
                              March 14, 2025 at 7:15 pm
                              Yes, a marriage performed according to proper Sikh rituals is legally valid under the Hindu Marriage Act, even if it is not registered. However, non-registration may create procedural hurdles, especially in matters like divorce, inheritance, or visa applications.

                              If the couple now lives abroad, their country of residence may have different requirements for recognizing the marriage. In some cases, an official registration or additional proof of marriage (such as wedding photos, affidavits, or witness statements) may be required for legal proceedings or documentation purposes.

                              If they are seeking a divorce or need to prove their marriage for legal paperwork, they may need to register it retroactively.

                              Brightsanjay9083
                              Participant
                                B
                                Brightsanjay9083
                                PARTICIPANT
                                March 14, 2025 at 7:10 pm
                                **This is a clear case of police harassment and abuse of power, and there are strong legal remedies available. You need to follow these steps strategically:**

                                1. **File a written complaint** with the **SP** detailing the threats, beating, and forced closure. Keep a copy and ask for a written acknowledgment.
                                2. **Escalate the complaint to the State Police Complaint Authority (PCA).** Every state has one, and they handle cases of police misconduct.
                                3. **Gather evidence**: If possible, record future threats or get witness statements. CCTV footage, medical reports (if anyone was injured), or call recordings will strengthen your case.
                                4. **If there is no action within a reasonable time, you can file a Writ Petition in the High Court** to seek protection and an order against police harassment. Courts have ruled against such misuse of power before.

                                If you need guidance on drafting complaints or moving to the High Court if authorities do not act, feel free to reach out.

                                Brightsanjay9083
                                Participant
                                  B
                                  Brightsanjay9083
                                  PARTICIPANT
                                  March 14, 2025 at 7:03 pm
                                  As the mother of a deceased son, she has rights to his assets, pension, and other benefits, depending on succession laws and nominations. If her son did not leave a will, the Hindu Succession Act (if applicable) entitles her to a share of his estate. If the daughter-in-law is withholding information or assets, legal steps can be taken to claim her rightful share. Consulting a lawyer can help determine the best course of action to secure her financial interests. Feel free to reach out if legal guidance is needed.

                                Viewing 15 posts - 181 through 195 (of 197 total)