Advocate Hadi Febin

Questions Answered by Advocate Hadi Febin

Q: My wife filed for MC case against me

I and my wife separated for 3 year's.now My wife filed divorce case against me 8 months back. but she is not appeared for any of the hearing only her side lawyers appearing is this valid. She is not even ready to attend mediation. Her side lawyer forcing for divorce.i am not interested in divorce.i want to live with my wife and daughter's (15 yrs and 7 year's old). please help me

Advocate Hadi Febin answered
Family courts act says mediation is mandatory . You have to push for mediation no matter whatsoever. We can approach the high court to push for mediation and also file G&WC petition for the guardianship of your children.

Q: Inconsistency in Witness Marking Order

During examintion-in-chief witnesses are marked CW2, CW3, CW4. But in the order sheet complainant was referred as PW1 and witness as CW1, CW2, CW3. Should I ask the court to refer the witness by their names instead of numbers. During cross-examination court marked witness as CW1 and CW2 instead of CW2 and CW3. Will that cause any issue going forward in the trial. Can I rectify it in the next cross-examination hearing?

Advocate Hadi Febin answered
It’s all the same don’t need to worry . P stands for plaintiff and C stands for complainant. Everything has a same meaning. Usually the term PW1 is used in civil cases . End of the day all has the same meaning.

Q: Custody, Divorce & SSY Guardian Change – Urgent Legal Review

My wife abandoned our two minor children since June 2023 with no contact or support. I am the sole caregiver. I seek permanent custody/guardianship, change of guardian for their SSY accounts, divorce on cruelty/neglect, and CDR required to prove adultery Need expert review of MC/G&WC, IAs, chronology, and guidance on presenting/arguing as party-in-person.

Advocate Hadi Febin answered
File a G&WC petition, you can get an exparte judgement , if your wife is not interested in your children , it’s the best way to be a primary guardian of your children . A Guardians and Wards (G&WC) Petition, filed under the Guardians and Wards Act, 1890, is the legal avenue to seek appointment as the primary or sole guardian of a minor. If one parent is indifferent or neglecting the child's welfare, the other can approach the District Court or Family Court to formalize their status as the primary custodian.

Q: will i get arrested for the incident happened.

A woman started hitting me making a false complaint and in return i also hitted her and she gave police complaint because i return hitted her.will i get arrested for this

Advocate Hadi Febin answered
You should file another complaint and make sure an FIR is filed , if an FIR is filed against you we have to move for an Anticipatory Bail . Everything must be done as soon as possible. When facing potential criminal charges or ongoing disputes, a two-pronged strategy—filing a Cross-Complaint and preparing for Anticipatory Bail—is the most effective way to protect your interests.

Q: Drunk And Drive Two Wheeler Vehicle Seized

Hi Team, please help me what are the next steps once two wheeler got seized due to drink and drive and how do I get my vehicle back and documents

Advocate Hadi Febin answered
To release property (like a vehicle, documents, or electronic items) from court custody after paying a fine, you must follow a specific judicial procedure. This process is generally governed by Section 451 (during trial) or Section 452 (after trial) of the CrPC (now Section 503/504 of the BNSS).