Advocate Dheeraj

Questions Answered by Advocate Dheeraj

Q: What will be caste of girl married to other caste boy?

ST caste girl married an OC caste boy.now whas the caste of this girl?witch caste she belongs to st or OC?

Advocate Dheeraj answered
The caste of the girl will not change on marriage she will remain ST and will be entitled to all the benefits that a normal ST girls get. The children of those inter caste married parents will get the caste of the parent in whose household they r brought up and the customs they are brought up in.

Q: Wife threatening to transfer property and filing 498A case.

My wife threatening me that she will file false 498 a case if I don't write my property to her name

Advocate Dheeraj answered
There r certain guideline for police to register a sec 498A case and police cannot simply arrest you for a false case there are certain grounds to make arrest . Which the Supreme Court has mandated those guidelines in recent times. Don't transfer the property without your will and a false case will not lie upon u.

Q: How to recover loan amount in case the party not willing to pay.

Sir, i have given loan to a person since he has failed to repay the amount I have approached to court and the property is attached through honourable court and degree is also given. My dought is can I recover my hard earned money through selling the property or in case if the opposite person has any rights to stop it

Advocate Dheeraj answered
As u have already obtained a decree in your favour u must now get the decree executed for which u should file Execution Petition ..After which u will enjoy the fruits of the decree..You can recover your hard earned money definitely and the other party has no right.There are various ways to get your decree executed .

Q: Action for construction of property against injunction order by court

We have already taken Injunction order but the party constructed the house while injunction oder there what action can we take according to which section

Advocate Dheeraj answered
When an injunction order is disobeyed on the application of the party the court may order attachment of the person who has disobeyed the order and also subject him to civil detention for a term not exceeding 3 months. And if the disobedience is further continued court may direct sale of attached property and payment of compensation to the applicant.

Q: No memo filed later for extension of interlocutory application

I got temporary exparte injunction order. Case is in senior civil court many adjourn dates passed. My lawyer forgotten to file memos for extension of injunction order. Respondents now claiming that no filing of memo means, injunction order is no more in force. My question is every time filing of memo for extension needed or not .kindly refer any judgements relating to this issue in supreme Court

Advocate Dheeraj answered
Filing of memo is a custom in some courts . Filing of memo is not actually needed because advocates generally in the injunction petition pray for injunction till further orders . So unless there are any fresh order passed other than injunction . The injunction will be deemed to be in force . However in some courts according to their local practice judges ask for extension memo or petition . There is a judgment of AP High court regarding the same. Hope this helps.