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LEGAL FAQS

Q: My husband and an acquaintance of mine had an illicit relationship. I had reported it to the police. Now they have gone ahead and got married. We know that a man can be punished for bigamy. Is the woman too punishable as she was aware of the manís marital status?

Name withheld

A: Section 494 of the Indian Penal Code makes bigamy an offence punishable with imprisonment for a term of up to seven years along with a fine. This applies to both men and women ó whoever has a wife or husband who is alive and marries during the lifetime of the spouse. In your case, the woman can be punished only if she is a married person and not otherwise. However, the law will not recognise her as a wife and no legal rights will accrue to her.

 

Q: After I get a job, I want to gift my mother a certain sum of money from a matured fixed deposit. My mother is a housewife and files her IT return regularly. Should I make a gift deed from a notary for income tax purposes?

V.K. Das, Calcutta

A: According to the provisions of the income tax laws in our country, any amount of gift received from specified relatives is tax-free in the hands of the recipient. Movable property has to be gifted through non-judicial stamp paper attested by a notary. It need not be registered.

 

Q: We live in a multi-storeyed co-operative building. Three years ago one resident bought a pet dog. He is in the habit of keeping the main door open while the collapsible gate is locked. The dog stands at the gate and barks incessantly, the shrill sound echoing through the common space and making life miserable for us. Though no one has lodged any written complaint regarding this nuisance, I have raised this issue at each and every half-yearly and annual general body meeting. No steps have been taken to resolve this issue so far. Who should we approach for redressal?

Name withheld

A: According to the law of torts, every person has a duty towards his or her neighbour. He also has a duty to keep his pet safe so that it does not escape from his custody and harm others or create any nuisance. You could try to sort out the matter amicably or send the owner of the dog a legal notice stating a few more major reasons for your annoyance and inconvenience.