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LEGAL FAQS

Q: I got married in 2009 and my marriage was not consummated. My mother-in-law also harassed me. I returned to my parents in 2011. My husband and in-laws did not contact me till 2012. Eventually, my parents urged my husband to accept a divorce by mutual consent. But even here they are creating complications. My lawyer is advising me to file a case of domestic violence. My main objective is to get the divorce as early as possible. Please tell me how I should go about it.

Name withheld

A: It seems that your husband wants to harass you further. Your lawyer may have advised you to file the domestic violence case to put pressure on him so that he agrees to the divorce. You could instead first send your husband a legal notice warning him of legal action including a case of domestic violence or claim for maintenance for the harassment and neglect caused by him. This may prompt him to agree to a divorce by mutual consent.

 

Q: My mother, a lung cancer patient, invested in secured non-convertible debentures of iCore E-service, Calcutta. Some of them have matured while the others will mature by 2016. The company has neither refunded the redemption amount nor is it paying interest against them. I informed Sebi about this matter, but to no avail. Should I file a prosecution case against the company in a consumer court or high court or elsewhere for refund of the money?

Tanmoy De, via email

A: Your mother should send a legal notice to the company claiming the amounts. If the company does not respond or refuses to pay, your mother may file a consumer complaint before the consumer forum seeking the amount as well as compensation for the agony she has suffered due to deficiency of service. She could also submit a written complaint to the concerned police station and file a criminal case of breach of trust against the company.

 

Q: A well-known company has not refunded a matured fixed deposit even after three months. Being a senior citizen, I cannot run around too much. How can I get my money back?

S. Chaudhuri, Calcutta

A: Send a legal notice to the company demanding the refund along with compensation. If there is no response, you could consider filing a consumer complaint against the company for deficiency of service.