Advocate Harshit Jain

Questions Answered by Advocate Harshit Jain

Q: my options in court case under DV Act against my brother

Hi,A case is registered in court against my brother under DV act and another FIR complaint in the police station. the marriage occurred in accordance to Hindu custom.I plan to go abroad for my studies but my name is mentioned in both the cases. Although i used to stay in another state due to my job, I was home only during lockdown. I also have some evidence that I had nothing to do with the allegations made and I minded my own business.what options do I have so that I can easily resume my studies? If I go without informing anyone and miss court hearings? what happens then?Please advice/suggest what I should do.Thanks.

Advocate Harshit Jain answered
you can seek quashing of both the cases qua you and even otherwise there won't be any problem for you to go abroad after taking the permission of the concerned court for studies. as far as your apprehensions about missing court dates is concerned then your attorney or lawyer can appear on your behalf on each and every date.regards

Q: contested divorce/mutual consent divorce/judicial separation what is

I married in 2016 to my gf in arya samaj temple.We did not live together for 4 years after that because of various reasons viz parental approval,my outstation postings,career,sbsiblings marriage etcIn feb 2020, we had a social function and got married publicly...ow after residing with her for four months, i got to know after her physical relationships with another person( in 2017-18). I have some proofs such as texts, screenshots,pics which are suggesting that they were physically involved...I want to get rid of her.I am emotionally distroyed right now and don't know what to do.i have not confronted her with those pics as I am afraid she might file counter complaints/ fake complaints against me or my family. She has been a violent person intermittently also.1.How much time will it take for divorce?2.Does she have an excuse in the form that we were not living together when she had extra marital relationship?3.What kind of evidence are specifically tenable in such cases?4. Is judi

Advocate Harshit Jain answered
In such a case you need to file divorce on the ground of adultery, harassment, etc. against the wife which will surely be contested by the other party. In such conditions either parties end up settlement mutually and then file for mutual divorce or if the same is contested then it will take some time otherwise it will be over soon within some months.

Q: Dismissal in default after filing two forgery site plan by plaintiff

The plaintiffs filed a suit of permanent injunction against us and also filed a site plan. The plaintiffs and another defendants conspire with each other. They file a compromise application with a new site plan having different dimensions and sizes from old one. They able to get a compromise decree from the court in without giving any notice to us. we challenged the fraudulently obtained compromise decree, the same was allowed by the court on the ground of two site plans with different dimensions and descriptions and set aside the compromise decree. Suit again comes to the original number and position at PE. After that plaintiff fails to produce his evidence and also fail to appear on the hearing, the result of that suit is dismissed in default. Can a decree sheet prepare in our favour In the present circumstance? if not why?

Advocate Harshit Jain answered
When a suit is dismissed in default, no decreesheet is prepared as the decision of the case is not on merits and is simply dismissed in default for non prosecution and hence no decreesheet can be made in anyone's favor. even otherwise no decreesheet is prepared in favor of defendants when a suit is dismissed untill and unless the defendants have preferred a counter claim in the same suit.

Q: TAKING OF SEXUAL VIDEOS WITHOUT CONSENT

Asking for a friend. She recently flew back to her home country and met up with her boyfriend(who is now her ex). They slept together and she stated that during that time, the guy took videos and photos of the act, to which my friend protested. The guy then apparently deleted them at my friend's insistence. However, when my friend went back abroad for her work, they separated and the guy who initially told my friend that he had deleted the videos and photo, showed her sister and her now girlfriend the scandalous footage and images to which they are now berating my friend because they said she allowed it happen and basically aggravated the guy's current girlfriend because they were already together when that happened. The guy's sister, on the other hand, is threatening to spread the videos and show it to my friend's grandmother and father as she also have some other dispute with my friend's family about gossiping that is a case which is already being taken with legal action.

Advocate Harshit Jain answered
The issue is really very serious, it is advised to approach the local police officials for such criminal act wherein the other person will be prosecuted under relevant provision of law and action will be taken against all which includes arrest of the culprits.

Q: Is dismissal in default at plaintiff evidence a decree or not ?

The plaintiffs had filed a suit of permanent injunction against us, in the year 2019 when the suit was at the stage of Plaintiff evidence, plaintiffs fail to submit any affidavit in evidence and also fail to appear in court after ample opportunities granted and availed to conclude his evidence. The Hon'ble Court order "... issues were framed on 14.09.2010. The present suit is pending since May 1999, which has become 20 years old now ... absence of plaintiffs/witnesses indicates they are not interested in furtherance of the present suit. Accordingly, the suit is dismissed in default and also for want of prosecution. ..." After 5 months of dismissal in default, plaintiffs file an application to get the original documents back from Hon'ble Court but not challenge the order of dismissal in default. Whether the decree sheet is prepared in our favour or not? If yes Whether dismissal at the stage of PE is considered on merits on the failure of plaintiffs Evidence?

Advocate Harshit Jain answered
The decree sheet is prepared only in case the suit is decreed and not otherwise. In the present circumstances the suit was dismissed in default and hence no decree sheet will be prepared though the dismissal is in your favor. Even otherwise too the said dismissal is not on merits since the same is dismissed in default.