Advocate Hanee Azad

Questions Answered by Advocate Hanee Azad

Q: If police submit chargsheet delay.

Hi sir i want to know that if police not filed the chargesheet in court within 90 days & police filed chargesheet after 90 days & police doesn’t told the court for late chargesheet causes. Then what we’ll take action or this cause make my case strong or not.

Advocate Hanee Azad answered
Hello dear client, If your case is such that if the prescribed punishment is the Death penalty or life imprisonment or any other imprisonment not less than 10 years, then time for submitting the chargesheet is 90 days, failure to which will benefit only for his release from the jail as default bail. But accused has to file application for that in the court if he is in custody. If he does not file any such application then he will not get any benefit of such default bail and he will not be released from jail . If the person is not in custody then there is no difference if the police submits charge sheet within 90 days or after 90 days. The accused will not get any benefit. This benefit is only given to the accused because if he is in custody then the benefit of the accused that investigation should be completed within 90 days

Q: Want to leave the house legally how to proceed

Actually I want to leave home... My age is 22 .... So it can be possible? I don't want my family's interference in my life

Advocate Hanee Azad answered
You should meet SDM or DC of your area and tell your story to them in writing. But before going to submit anything before any authority, you should also get scruitinize your submission from legal expert. Or you shoud get prepared your submision from legal expert. SDM or DC is the legal gaurdian of all citizens within its jurisdiction. He or she may pass appropriate direction to police or other institution for ur protection etc. from ur parents etc.

Q: Husband drinks & threatens to kill wife for money to play lottery

My husband is 39 years old. He drinks everyday and threats me that he will kill me. The problem is that he is indulged playing lottery(daily). He is not earning anything and is drowning all the financial sources. I do not have any other source of money instead of some money in my bank account. He is now asking for that money. I have two kids out of which one is giving his board exams of class 10th. Please give me suggestions what can i do now?

Advocate Hanee Azad answered
Dear client, You can file complaint under Domestic Violence Act. In which you can ask for protection orders, oreder for residence, monetory reliefs, i.e maintenance, medical benifits, injunction orders to restrain him from selling any property, or forcing you from withdrawing any money.

Q: Procedure to claim share in husband's property after maintenance case.

Hi. I have filed a case for maintenance against my husband of 33 yrs. i am currently residing in our house that is under his name whereas he walked out 6 years ago. I wanted to know if i have any right over the house should he decide to sell it off or if i can prevent him from selling the house. I am a sikh

Advocate Hanee Azad answered
You can file a Complaint under Domestic Violence act in which u can also apply for stay against selling of his property. Alternatively u can also file civil suit for permanent injunction i.e just applying for stay against selling. For details u have to meet me.

Q: Is court marriage banned in Punjab

I belong to a Jain family . My age is 21 and my boyfriend belongs to a Hindu family and his age is 21 . I have heard that court marriage is banned in Punjab ? Is it true . Will this marriage be a problem in any way ?

Advocate Hanee Azad answered
Dear client I think u are asming for love marriage. Love marriage popularly known as court marriages are not at all banned in Punjab. It just rumour. As Hon'ble High Court Chd has refused to recognize marriages performed in Chd, mohali and panchkula for some time. But recently there is no ban as such. Court marriages are very much allowed in all over Punjab.