Advocate Ragini Saxena

Questions Answered by Advocate Ragini Saxena

Q: How can i include other company partners in cheque bounce case

Dear Sir/MadamI have already file a cheque bounce case against a builder who has signed that cheque. But later i realised that that company has other partners also. Can i include those partners now on my case?? If not then im what way i can drag all the partners and make my case strong??

Advocate Ragini Saxena answered
if the accused is a partnership company then you can make all the partners of the company as accused in section 138 NI ACT petition. but if it is not a company then you can file a suit for recovery and make all the partners as a party in the said suit for recovery.

Q: Information about wife concealed at the time of marriage to defraud us

Dear Sir, I got married by Hindu law in an Arya Samaj marriage in 2012. It was no dowry, marriage arranged in Delhi. I didn't want anything as gift. No one from my mother in law's side of the family attended wedding. I did not take much notice. I then brought my wife over to Ireland where I work and live. I have invested close to 30 lakhs INR on her visa, education here. She is working. I came to know last year in 2016 that my mother-in-law is not a Hindu but from minority community. Her name was not what they told us or was on the bio-data sent to us for marriage proposal. Also, this was the reason no one from her side of the family attended wedding. It was deliberate attempt to defraud us in order to possibly gain visa, career prospects abroad. We are very traumatised by this experience. I want to know if this is ground for annulment of marriage? Do I have to go through divorce or annulment is possible as my sentiments have been deeply hurt by marriage with fraudulent intentions

Advocate Ragini Saxena answered
a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.

Q: Uncle adopted me when i was born but denied rights in property

My chacha has adopted me when I was born I am the only child in their family now after 40 year of my age, my father(chacha) refused my right from his property.. In this case how I can get my rights

Advocate Ragini Saxena answered
Adopted Children and biological children has same rights in the Parent's Property.Parents can deny property to negligent children order by supreme court of India 2017.Adopted children has also no rights in the biological parents property.

Q: Is it admissible to present email as an evidence in the court

AN E MAIL WAS RECEIVED AT MY E MAIL ADDRESS FROM A GOVT DEPARTMENT CONTAINING SCANNED COPY OF THE DOCUMENT IN ITS ATTACHMENTS.I WISH TO PRODUCE E MAIL AS AN EVIDENCE IN THE COURT .PL GUIDE

Advocate Ragini Saxena answered
All documents including electronic records​ producted for the inspection of the court such documents are called documentary​ evidence.hence the print out of an email as document will be admitted as evidence by a court just like other documents that the condition mentioned in the section are completed with.

Q: Harassment by son and daughter in law, what can be done?

My age 58 y m ek vidva hu . mere bete bahu bahut tang krte h marte pidte h. police m complend krne PR bahu ne hi mujhe PR dahej or mansik utpidna ka cas dal dia h . vo ye sab meri property k liye kr rahi h . batao m kya karu .plz help me

Advocate Ragini Saxena answered
Mother in law should record that's and file complaint of crimenal intemidation against​ daughter in law.she sould refuse to bow down to blackmail tactics.if property is in name of in law from entering said property.