MATRIMONIAL
Q17. What is the right of husband on the child at the separation?
A. After divorce/separation, the husband can move an application for the custody of a child under Guardian & wards Act and if the parties are Hindu then under Hindu Minority & Guardianship Act. The husband also has a right to claim the right of meeting the child and to take the child during holidays till the disposal of the petition for custody.
Q18. What is the punishment for husband who tortures his wife mentally, physically or verbally?
Q1. My wife has left the house and living away from me without any reasonable cause, can I file petition of judicial separation or divorce? Is there a time period for filing of divorce petition?
A. In case the wife has left the house of the
husband and is living away from him without any reasonable cause, the husband
is entitled to judicial separation or divorce.
The petition may be filed on the ground of desertion that must be for
continuous period of not less than one year, immediately preceding the
presentation of the petition for grant of judicial separation or divorce.
Q2. I got married in December 2013. It was
a love marriage cum arrange marriage.But unfortunately today we always end up
in heated arguments whenever we face each other. We are tired of fighting. Can
you suggest contact information of some good matrimonial Counselors in order to
ease the process of divorce or reunion? I have read lots of articles in times
of India?
A.In the case of any love marriage, the
expectations of the spouses are very high from each other. Usually such
expectations are not met due to practical aspects and as such the same results
in repeated heated arguments between the parties. You may go for marriage counselling.It
is never advisable to seek divorce in the heat of the moment and repent the
same later when the temper have cooled down and one is living separately.
In any case, legally speaking you may go for
divorce only if the cruelty (mental) has reached such a level as to cause
reasonable apprehension in the mind of one of the spouses that the same would
be injurious for him/her to live with the other, can one seek divorce on the
ground of cruelty. If both the parties very strongly feel that is not possible
to live together despite all efforts made in this regard ,then it is
appropriate that divorce be obtained by mutual consent.
Q17. What is the right of husband on the child at the separation?
A. After divorce/separation, the husband can move an application for the custody of a child under Guardian & wards Act and if the parties are Hindu then under Hindu Minority & Guardianship Act. The husband also has a right to claim the right of meeting the child and to take the child during holidays till the disposal of the petition for custody.
Q18. What is the punishment for husband who tortures his wife mentally, physically or verbally?
A. It is an offence punishable under Section 498A of the
Indian Penal Code, 1860, which is imprisonment for a term which may extend to
three years and shall also be liable to fine.
CONSUMER
Q1. I have instituted a complaint before the Consumer Court against a Doctor. My complaint has been challenge on the ground that a Medical Practitioner cannot be sued under the Consumer Act. What does law provide?
A. Yes, Doctor can be sued under the Consumer Protection Act 1986 for his or her professional negligence resulting in damage to patient. Section 2 (d) in defining a consumer in Clause (ii) uses the expression ‘hires and avails of”. The word “hire” means employ of wages or fees”. Secondly the words “any service” in s. 2 (d) (ii) in Consumer Protection Act. A eloquent to bring the delinquent medical practitioners within the ambit of Consumer Protection Act. Thirdly, s. 2 (o), Consumer Protection Act which defines service exempts only two types of services, one “service free of charge” and another “contract of personal service” postulates a relationship of master and servant. A medical man whose service is requisitioned for a patient answers the clause ” contract of service” but never “a contract of personal service”. So, a negligent medical professional can be proceeded under the Consumer Protection Act 1986.
Q2. I had got a confirmed ticket on Kingfisher. The flight was later cancelled on account of technical snag. Is it a deficiency in service?
A. Cancellation of flight on account of technical snag is not deficiency in service as it is due to unavoidable circumstances. However, you ought to be allowed refund of the fare but no compensation can be granted on account of any loss suffered by you (if any) because of the said cancellation.
Q3. I was allotted a Maruti Car. There was a delay in delivery of the car. Subsequently, the dealer called upon me to make further payment as the price of the car had gone up. Am I liable to bear the price increase on account of delay caused by the dealer?
A. You are not liable to pay any price increase
in the above mentioned circumstances since the increase in price is totally on
account of the delay on the part of the dealer for which a consumer cannot be
made to suffer.
Q4. I had purchased a fridge, which suffered from several defects, and those defects could not be removed or repaired by the Company. Can I seek redressal of my grievance?
A. You can certainly seek redressal before the Consumer
Forum. In a similar case as yours, the Forum appointed a Local
Commissioner who corroborated the version of the complainant. It was held by
the Forum that the fridge was found to be defective within the period of
warranty. The opposite party was directed to replace the unit with a new one.
Q5. I filed a complaint before the State Commission regarding payment of policy amount in death claim, which was allowed to me by the State Commission. I wish to file another complaint claiming the Double Accident Benefit. Can I do so?
A. It is well-settled principal of law that one can not educate the same cause of action before a court of law or before another adjudicating Forum after it had already been adjudicating upon earlier. This is the basis for the relevant provisions under the Code of Civil Procedure, 1908 (CPC) which embody a sound principal of law to obviate multiplicity of litigation. Even though Consumer Forums are not governed by the CPC yet the sound principles of law and procedure embody in that CPC are followed by the Forums. Consequently, second complaint filed on the same cause of action would not be maintainable.
Q6. A Superfast Train in which I was travelling was delayed for long hours without any reason. Can this be a ground for filing a complaint against the Railways.
A. Additional charges are taken by the Railways from the passengers travelling by a Superfast Train. If the trains are delayed for long hours and the delay has not been properly explained it amounts to deficiency in service and therefore the Railway is bound to refund the excess charges.
Q7. I had paid the telephone bill but
inspite of that the telephone department disconnect my telephone without any
notice. Can the department disconnect the telephone without notice to the
subscriber?
A.Disconnection cannot be effected without notice to the subscriber. The Department is bound by law to give such a notice. You can seek compensation for the same alongwith restoration of the connection.
A.Disconnection cannot be effected without notice to the subscriber. The Department is bound by law to give such a notice. You can seek compensation for the same alongwith restoration of the connection.
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