Advocate Gaurave Bhargava

Questions Answered by Advocate Gaurave Bhargava (25+ answers)

Q: Validity of marriage done as per Hindu ceremonies but not registered , is hindu marriage valid witho

If two Hindus are married to each other as per Hindu rites and ceremonies of either party i.e. By way of Saptpadi. But their marriage is not registered and without registration both parties went outside India. Is their marriage valid even outside India without being registered as per Hindu law ? if marriage is not registered is it valid in india ?

Advocate Gaurave Bhargava answered
Non-registration of marriage does not effect validity of the marriage. In other words, the marriage between the parties would remain valid even if it is not registered. Though your query does not spell out the context in which it is made, the parties can still get their marriage registered whenever they visit India.

Q: How to get a copy of interrogation ordered by the court

While granting anticipatory bail if judge impose a condition to appear before police for intorogation .. then can I request for having audio and video recording of the interrogation ? If yes, then in what provision we can request the court ?

Advocate Gaurave Bhargava answered
Article 20(3) of the Constitution of India entitles an accused to his right to silence (except under certain circumstances) to protect himself against any possible self-incrimination. This is the basic jurisprudence of the fair constitutional rights all over the world and are, thus, part of the basic fundamental rights under our constitution. In criminal cases (except certain exceptions) the liability or onus to establish the guilt of the accused offender lies on the prosecution. Moreover, any statement made by the accused to the police during investigation in police custody (except in certain exceptions) are not admissible against the accused at trial. Having replied to your concerns I’ll suggest you should not jump to any conclusion(s) or commit yourself to any further action unless I get to examine the precise allegations, evaluate material and draw strategy to deal with the same. We can meet for a conference as per mutual convenience after prior scheduling. Plz bring aling all the case documents available with u. Best wishes,Gaurave BhargavaAdvocate

Q: Legal procedure to report child abuse in India & legal action

How is non-recent child abuse reported in india and what action is taken against the victim ad the abuser.

Advocate Gaurave Bhargava answered
Depending on the kind of abuse the child is suffering, such child abuse can be reported to the Commission for Protection of Child Rights which are set-up at the State & Central level or to the police, if such child abuse also amounts to a crime under penal or special Law. Eg. Protection of Children from Sexual Offences (POCSO) Act.

Q: Supreme Court the highest court of appeal & final judgement

We have a 14 year old case - not being able to get the tenant out of our apartment in Chennai, India. It is going from court to court on appeal and now the tenant is going to Supreme Court i New Delhi (he lost in the Chennai High Court). Any idea how long it will take to get the judgement. If the tenant loses in Supreme Court can he appeal to any other higher bench?

Advocate Gaurave Bhargava answered
A case in Supreme Court may take anywhere between 5-7 years or more to get decided if ‘Notice’ is issued in the first hearing. It is, thus, advisable to keep track of the matter through a lawyer, file caveat, if advised by the lawyer & try to get the matter dismissed/rejected in the first hearing itself. After rejected by SC, the tenant has the option of filing a review petition & curative petition in SC itself, but chances of getting relief after initial dismissal of the case are negligible.

Q: What amount shall be recovered when police raid a house

Hi Police raided my house and they didn't find anything. During police remand they asked us to give money and they will cancel the fir against us. We paid them 15 lakh but after police remand they showed that it was recovered from our house. Now in court what shall we say. Shall we deny that it's not our money or shall we accept it and show them the proof. In chargesheet police has shown that it was recovered from the house that we have rented to someone. If I accept it what should I say that from where they recovered the money. I want to use what they have mentioned in chargesheet that they recovered from my rented house. I have rent agreement for the house.

Advocate Gaurave Bhargava answered
Facing a criminal trial is a serious business. The course to be adopted in the situation you find yourself in has to be strategised in context of allegations against you, the sections invoked against you & the defence which you have against the allegations. This can be best analysed by the lawyer conducting your trial. By seeking such advice in piece-meal manner you would only be spoiling your case. Thus, stick to your lawyers advice, or if you’re not satisfied, meet a seasoned criminal lawyer with your entire case record.