1) refuse to induct your husband as partner
2) if you receive directions from IOCL file writ in HC seek stay against admitting your husband as partner on account of pending divorce case and FIR lodged against husband
Wanted to take a permanent stay
Hi! I m leaving separately with my 2kids from last one yr n I m a sole distributor in an indane gas agency. Bt now my husband is pressurising IOCL through ministry to induct him as a 50%partner in agency coz according to the guidelines of IOCL the spouse has the right to b a 50%partner bt due to my husband was working at that time I gave an affidavit to the IOCL that wen he will b unemployed in future I will induct him as a partner. Bt it had been 19yrs to my marriage n I was literally facing a brutal domestic violence in my marriage which gotten worse at my becoming a distributor due to which I had to get separated and filed 2 times FIR when he came at the office n hitted badly plus I have also filed a divorce also. Inspite of giving these documents to IOCL they are pressurising me to induct him as a partner.What shud I do now? Can I get a permanent stay from court till my divorce is done so that I cud live peacefully earn livelihood for me n my kids. Plzz suggest me coz I m facing a lot of financial crisis n mental torture. Coz I hve no other assets or bank balance to bring up my kids.
Asked 8 years ago in Business Law
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11 Answers
1. Well I am sure that inducting the spouse is not compulsory else ig gives rise to complicated situations where the erring husband who all along subjected his wife under torture and violence.
2. So give a detailed represention stating the strain relationship with your husband. If there is any criminal case pending against him that would help you further.
3. So send your opposition strongly in writing. If the iocl remains adamant you may file writ petition to redress your grievances.
Actually I hve given detailed letter to IOCL regarding the torture of husband since so many yrs n given them the copies of FIR n divorce case bt these FIR were bailable coz of corrupt police n now husband in ministry is saying that due to greediness n having an extra marital affairs I m throwing him out of my life n business n these people r convinced coz they think the money spend on this business was done by him n he has the right to b a partner. Now wat my advocate is advising is to go for a permanent stay in ghaziabad Court for relief. Is it possible to get a permanent stay against IOCL n in how much time. Or there is some other better way out coz I dnt hve too much of money to fight , bring up my kids with daily needs, n run the agency as it is also new only 2yrs. Plzz suggest me with the best ur advice as I m Vry much needful n confused too.
Asked 8 years ago
1) you should act as per your lawyer advice
2) seek injunction restraining IOCL from forcing you to induct your husband as partner
Yes, i think you should file a writ petition to restrain the iocl not yo induct your husband as partner in the business.
Hi
Yes your advocate is advising you correct to have stay over the order of ministry to indulge him as partner.
Apply for stay and it may be granted on the day of argument only , means after filing for stay it may take 1 or 2 working days.
Thank You
it will be helpful for you if you file a writ application before the High court stating all the facts that IOCL is disturbing you and pressuring you to take some as your partner but they are not ready to accept your documents for your refusal.
Any legal action at this stage will be premature.
At anytime IOCL passes an order compelling you to induct your husband in your business, you may approach the High Court and seek a stay on such an order.
At this stage, it is sufficient if you've represented your matter before IOCL and apprised them of your ongoing marital discord And litigations with your husband.
You may refuse to add your husband as the partner
The advise rendered to you by your lawyer is right
If IOCL inducts him as the partner then file an appeal in the HC and tell that the matrimonial matter is pending and as such the husband can not be inducted as the partner.
Regards
If your husband is claiming the stake on the basis of his unemployment status, then you may give a reply to the authorities who are pressurising you to include him as a partner, that as there is a matrimonial dispute going on and you both are not living together, it would not be advisable to include him as a partner in the current business which has been run by you independently for the last two decades.
Simultaneously you may file a permanent injunction suit against him seeking ton restrain him from interfering in your peaceful possession and the business activities.
You may discuss with your advocate on all such further issues and go ahead as per the prevailing circumstances.
Now wat my advocate is advising is to go for a permanent stay in ghaziabad Court for relief. Is it possible to get a permanent stay against IOCL n in how much time. Or there is some other better way out coz I dnt hve too much of money to fight , bring up my kids with daily needs, n run the agency as it is also new only 2yrs. Plzz suggest me with the best ur advice as I m Vry much needful n confused too.
You can go by your husband's advise for filing a permanent injunction against him.
He cannot force entry in the business.
Neither the IOCL authorities can force you to take him into business.
You can implead the IOCL authorities also as party to proposed permanent injunction suit.