Advocate Ankit Pateriya

Questions Answered by Advocate Ankit Pateriya

Q: Action Against false 125 maintenance case by court.

Dear Sir/Mam, what are provision or action taken by the court for false 125 maintenance case and what are the rights for defendent for false 125 maintenance case.

Advocate Ankit Pateriya answered
your remedy against the false order of maintenance under section 125 of CrPC is to file revision before a Superior Court maintenance awarding code is family court then you have to file revision before the high court if the maintenance granting Court is magistrate Court you have to file revision petition Before session court

Q: Arya samaj marrige and government job issue

Hello sir, i am nishi. Last year in august 2018 i married in arya samaj mandir without my family permission. I got arya samaj marriage certificate but i didnt registerd our marriage till now. And i didnt update my adhar card or any other document that i am married. I want to apply for gov job. I belong to obc and my husband sc category so i want to know. What should i write my cast obc or sc. And i want to hide my marital status. I want to write single in gov exam form. Is this create any problem in future if i get gov job or should i write married. We lived only for 2 months together. And now i am living with my family they didnt except this marriage. So i am confused what should i write in gov exam form married or single and in caste obc or sc. Please suggest.

Advocate Ankit Pateriya answered
since you married in Arya Samaj Mandir and have certificate registration of marriage will not come in ur way. your caste will be SC and not OBC. you should mention married in your exam. you should obtain certificate of caste from the appropriate authorities

Q: proceeding stay i got it again process

One time got a proceeding satayAnd he was disposed can i got again procedding saty

Advocate Ankit Pateriya answered
once you got the stay it is no bar for a subsequent stay in the same suit or proceedings. however it depend on the facts and circumstances of each case whether the stay should be granted or not. if you have a prima facie case and balance of convenience is in your favour you will be granted stay

Q: How To Fill Complaint Against Family Court judge

Sir i want to know how i fill complaint against family court judge if i have sufficient reason and evidence to do same

Advocate Ankit Pateriya answered
file a complaint before the administrative judge of high court. for example if with the family court is situated in Indore you can file the complaint before administrative judge Indore on the other hand if it is Jabalpur file a complaint in Jabalpur before High Court on its administrative side

Q: Case Pending for more than four years. Complainant/witness not turned.

Case dragged for more than 4 years. Witness/complainant not turned up till date. I attend date after date. It is a frivolous complaint. Any remedy?

Advocate Ankit Pateriya answered
your remedy is to application for dismissal of complain if it is a complaint case if it is a case on FIR that is otherwise than complaint and you can file an application for closure of prosecution case