Advocate Japnam Kaur Bindra

Questions Answered by Advocate Japnam Kaur Bindra

Q: How to apply for mutual consent divorce

Need mutual divorce. Married since last 1 year and had a court marriage in delhi. Please advise the formalities and how soon we can finish this.

Advocate Japnam Kaur Bindra answered
you need to be living separately for one year before you can file for mutual divorce. Two motions i.e. the petitions need to be fields in the court where you both resided last together and in six months divorce decree shall be granted.

Q: Boy made false promise of marriage to keep physical relation.Wht to do

mai aaj se se 6 mnth phle 1 year delhi rhkar aayi hu. waha ak ladke se payar ho gya mjhe uske payar mai pagalpan mai aakar maine uske sath shadi ka sochkar bar bar physcially realtion bnaye. ladka mjhe khta tha ki shadi kruga job lagne ke baad mai tumse bt uski ab tk job ni lagi aur wo usse phle mjhse brkup kr diya h aur shadi krne se saaf saaf mana kr diya h usne.mjhse meri zndgi bht khrv ho gyi kya mai us par case kr sakti hu.

Advocate Japnam Kaur Bindra answered
aap rape case file her skate ho. ye rape case ke bandar aata hai. agar praise ki and shade nahi ki. aap much call kerne in detail bade pooch skate hain. apake pass our phi kaafi points hain case kerne ke like.

Q: How to apply for transfer of divorce case

Kindly let me know the procedure for getting transfer of divorce case filed by in-laws in other state,Rajasthan, to home state,Haryana. Do we have to apply in SC or what could be done in this case. Im hindu by religion.

Advocate Japnam Kaur Bindra answered
A transfer petition shall have to be filed in the Supreme Court. Any case which needs to be transferred from one court to another need to be argued before the Supreme court for transfer. contact for drafting and filing in supreme court.

Q: Clarification on quashing of 498A case. Please advise

My case is. Going on since July 2012.. in sonipat Haryana in may 2013 wife file application for additional accused u/s crpc for my family but till date after passing more then 3 and half years the 319 application is still pending .. cam I go for quashing the 498a and dv in high Court during the pendency of the case ,, only my wife and I.o cross is done

Advocate Japnam Kaur Bindra answered
Yes you can definitely go for quashing. You have a strong case. Pendency in criminal matters and specially due to the non appearance or delay on the part of the complaint is sold ground. Contact to discuss further.

Q: False case of molestation can i file defamation case if they withdraw

My neighbour has files a FIR stating that I beat up and tried to molest his daughter finding her alone in the corridor of our apartment, while in actual there was a scuffle between my sister and his daughter and I intervened later just o separate them, which was also witnessed by other neighbours. Now the case has gone in to trial u/s 30, The informant was absent in first hearing. Was present in the second hearing but did not bring the victim (his daughter) hence next date given, During second hearing, the informant requested my counsel that they are agreeable to compromise like withdrawal. Now my question is that, 1. he has filed a false case accusing me of molesting his daughter which has caused damage to my reputation in the society as the neighbour has been telling this to others, and also caused monetary loss for court procedure - if he now withdraw the case can I file a defamation case. 2. If trial continues when can I file a defamation case.

Advocate Japnam Kaur Bindra answered
You can certainly file for malicious prosecution and defamation. Once they withdraw the case. If the trial continues you would be acquitted in the end and then you file a case with the judgement passed in your case. Rest you can contact me to discuss further.