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Since 1st March, 1999
 
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LEGAL FAQS

Q: After my marriage I came to know that my husband was already married and even had two children. I filed an FIR at the local police station charging him with domestic violence, fraudulence, cheating and so on. A non-bailable warrant has been issued against him but he is roaming free under anticipatory bail. I have approached the deputy commissioner of police and the magistrate too, but to no avail. How can I have him arrested and punished?

Parbean Ghouri, Howrah, West Bengal

A: Since your purported husband has already got anticipatory bail, he cannot be arrested in the same case again unless he evades trial or flouts the conditions of his bail. However, he will be punished once the charges against him are proved in court after the trial. You could also file a civil suit claiming compensation for the mental agony and trauma caused to you.

 

Q:An unmarried woman is the member of a registered co-operative housing society. She wants to gift her flat to her married sister, who is the nominee to the flat. Can the sister then become a member of the society? Will it be obligatory to register the gifted property under the provisions of the Transfer of Property Act, 1882, and the Registration Act, 1908?

Bhabesh Dutt, Calcutta

A: If the woman intends to gift her flat to her sister, she has to execute a registered gift deed in compliance with the provisions under The Transfer of Property Act, 1882, and The Registration Act, 1908. That apart, being a nominee to the flat the sister should have no problem in getting it transferred in her name after the demise of the current owner.

 

Q:A person became an added party in a title execution case in which his prayer was rejected. Suppressing this fact, he filed another title suit in a lower court and claimed that he had abandoned the previous case on legal advice. Can a person abandon a case? What does the law say in this context?

Name withheld

A: According to the provisions of the Code of Civil Procedure, after the institution of a suit a plaintiff may abandon either his suit or a part of his claim. However, in such circumstances he shall be liable to pay certain costs. He shall also be precluded from instituting any fresh suit on the same subject matter. Further, if there are several plaintiffs, the consent of the others would be required to abandon the suit.