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Dear Client,
Your query lacks information and transparency. However, be informed that in case of intestate succession(where there is no WILL), all the surviving legal heirs of the deceased owner are entitled to an equal share in the property left by the owner. The property of a male Hindu dying intestate, i.e., without any will, shall devolve according to the provisions of Section 8 of the Hindu Succession Act, 1956, (a) firstly, upon the heirs, being the relatives specified in class-I of the S

Dear Client,
Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising Physical, mental, verbal, emotional, sexual, and economic abuse, Harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. Non-Resident Indians and Overseas Citizens of India m

Dear Client,
Neither your son nor his wife (daughter-in-law) have any right to claim in your self acquired property which is disposable at the wishes of its owner only. There is no legal concept of disowning an adult child in India. In the case of self-acquired property, the parents can disinherit a child by cutting him out of the WILL. However, in the case of ancestral property, the parents have no control over it since the child has a right to it by birth. Even if the parents die intestate, t

Dear Sir,

Since the order is from the Judicial Magistrate, Alipore, the correct remedy is to file a Criminal Revision Petition before the Sessions Court (District & Sessions Judge, South 24 Parganas) or before the Calcutta High Court.

Usually, parties first go to the Sessions Court under Sections 397/399 CrPC.

If still aggrieved, they may approach the High Court under Section 401 CrPC.

Time Limit

Limitation period is 90 days from the date of the Magistrate’s order.

Delay can be condoned

Dear Madam,
Protection under Domestic Violence Act (D.V. Act, 2005)

Even without going to the police, you can file a petition in the Family Court / Magistrate Court through your lawyer.

You can seek:

Protection order (no harassment/contact).

Right to residence (stay safely in shared household).

Maintenance (financial support).

Dear Sir,
File a Guardianship / Custody Petition

You can approach the Family Court, Bangalore under the Guardians and Wards Act, 1890 and seek:

Interim custody/visitation rights of your child.

A restraint order preventing your wife from moving the child out of the court’s jurisdiction (Bangalore).

Courts give paramount importance to the welfare of the child, and at this tender age, custody is generally with the mother, but you can secure joint custody or visitation and ensure the child is

Dear Madam,
Adultery (Extra-marital affair):

Earlier, adultery was a criminal offence under Section 497 IPC.

However, in 2018 (Joseph Shine v. Union of India), the Supreme Court decriminalized adultery, holding that it is not a crime, but only a ground for divorce in civil law.

So, if your husband is in an extra-marital affair, police cannot register a criminal case for adultery.

But you can use it as a ground for divorce under Section 13 of the Hindu Marriage Act, 1955 (or relevant personal

Dear Client,
As regards your Q.no.1. Can the judge dismiss the case under Section 256 CrPC due to non-prosecution? Ans- Section 256 Cr.PC provides that if the complainant in a summons case does not appear on the day fixed for the hearing, and the accused appears, the Magistrate may acquit the accused unless the Magistrate thinks proper to adjourn the hearing. Section 256 Cr.P.C. is applicable only if the complaint is taken on file and summons is issued to the accused and on the date appointed f

Dear Client,
Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with

Dear Sir/Madam,
File an FIR at your nearest women’s police station or cyber cell

You can report that the man made a false promise of marriage, took advantage of your trust, and had physical relations under that false promise.

You can file charges under Sections 376, 417, and 493 IPC.

Contact the Maharashtra State Commission for Women

They can support you in getting protection and legal recourse.

Seek psychological counselling

What you've endured is emotionally tr