Advocate Ashmita

Questions Answered by Advocate Ashmita

Q: Divorce decree if marriage is registered in some other state

I reside in UP and my marriage is registered in Delhi. I want to file for mutual consent divorce. Can i file the divorce petition in Delhi as my marriage is registered in Delhi

Advocate Ashmita answered
The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Q: Regarding framing of issue in sec 125 crpc

My wife filed sec 125crpc claiming on the ground of domestic violence and in her petition no where she has mentioned that she is unable to work and depended on some body else. On the ground of domestic violence can issue be framed in sec 125 crpc.

Advocate Ashmita answered
As per section 125 CrPC, a Wife is not entitled to maintenance if she refuses to live with husband without any valid reason. In your case, the reason for not living with husband would be domestic violence. further, a wife is entitled to maintenance if she is unable to sufficiently maintain herself.

Q: How to take permission from court for further inquiry on N.C.R case

Police have registered Ncr non-cognizable crime report, but not working further on the complaint asking for court permission for further inquiry.156(3) is for cognizable crime to proceed further but not for N.C.R.please tell me the correct procedure for non-cognizable crime to get permission in court. or directly can I submit a petition for IPC 323, 504 without a charge sheet. how much will you charge for it?

Advocate Ashmita answered
if a police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C. Therefore, I deem that it is very useful if it is discussed with relevant case law as to the powers of Magistrate under section of 156 (3) of Cr.P.C.Section 156(3) is very briefly worded. The powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.That too, an aggrieved person has right to claim that the offence he alleges be investigated properly.

Q: Received rule no 11 form 15- under cruelty

How can I get certificate under u/s 65b of evidence act. Also I have WhatsApp chats, audio recordings,emails of my spouse and her relatives .How can I prove to the court that the voice recordings and chats are belonging to the spouse and his relatives who were cruel to me.

Advocate Ashmita answered
You can hire a family lawyer who is specialised in divorce matters.Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienceddivorce attorneycan give you expert advice on how to handle your divorce owing to his years of experience in handling such cases.

Q: Wrong information on file to prevent paying my dues

An officer is deliberately using tactics such as providing wrong information on the file to prevent me from getting my dues. As I am a lady and belong to the ST category he is biased against me. I would like to invoke Section 3(1)(ix) of the SC/ST (Prevention of Atrocities) Act against him. The police will not register an FIR , saying it is service matter and has to be dealt at the workplace. What should I do? Can I approach CAT? More than the dues which are pending for 4 years, it is the mental harassment and humiliation that is affecting me.

Advocate Ashmita answered
it is a service matter and the jurisdiction will be under CAT. but before going to the tribunal, you will have to send a legal notice to the department. it is only after this that any further proceedings can take place.