Legal Question in Family Law in India

Salary benifits-after Juditial remand
Due to false 498A, in-law was sent to juditial remand where he spent 3 days in jail(just juditial remand) and then on bail now.
1.is there possibility that he will lose his job or suspension due to this? ( it is a juditial rmand only right?).
2.If he resigns himself now, can he get all his retirement benifits even though he spent 3 days in jail. ( just 1 year left for his reti ment).

please advice which is better to resign or to continue? Till he didn't get any suspension orders. Just that girl sent the letter to authorities stating that in-law was spent in jail for 3 days.

Asked on 6/04/07, 8:49 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Re: Salary benifits-after Juditial remand

Please take the trouble of rephrasing your questions by telling clearly who you are ?? r u the wife, the husband, or the in-laws; and what specific question you have ??

Answered on 6/04/07, 10:57 pm

Mark as helpful

vimal shanthilal Vimal Law Associates

0 users found helpful

0 attorneys agreed

Re: Salary benifits-after Juditial remand

You have not stated clearly on the present status of the complaint under 498A.

Assuming you statement that the complaint is on false allegation do not rush to resign the job or get the retirement benefits. Judicial remand in only for preliminary investigation and there are several other steps in the case and appropriately defendanded may also result in acquital and therefore do not put the cart before the horse. please consult an appropriate Advocate with correct facts and documents available

Answered on 6/04/07, 10:19 am

Mark as helpful

rajeshwar sharma rajeshwarnathsharma

0 users found helpful

0 attorneys agreed

Re: Salary benifits-after Juditial remand

You need not to resign. It is advisable to you to defend yourself in the trial of said case and to prove the case false. If the girl has sent the letter to the authorities than you must inform the authorities about the true facts regarding false complaint. Without departmental enquiry and till you finally get the punishment neither they will suspend you nor they remove you from the job.

Mind it in your mind that if you will resign than your department may not release your service benifits. For further query you may contect me

Answered on 6/04/07, 10:51 am

Mark as helpful

0 users found helpful

0 attorneys agreed

Re: Salary benifits-after Juditial remand

Your matter is a matrimonial matter.Being in jail does not mean that you are guilty.So donot resign from your office.let the authority to hold inquiry and in case of inquiry you put your case.You can be removed only when you are convicted in a criminal case.In case of resignation you may not get benefits.

Answered on 6/04/07, 12:24 pm

Mark as helpful