Advocate Harish Chandra Yati

Questions Answered by Advocate Harish Chandra Yati

Q: My husband force me to leave my study and to join cooking classes

My husband leave me at my parents home after my delivery. He didn't even communicate with me for 1 month. After 1 month, he came to meet me and then he started imposing conditions like 1. Cook food for 1 time daily 2. Not to visit parents house 3. Not to talk with your parents. I am preparing for Judiciary. Also, I didn't even know how to cook. He and his parents knew it before marriage. He said you have to cook food 1 time if you want to live with me. Now it's been 5 months. Wat should I do ?

Advocate Harish Chandra Yati answered
if Natu cook meals what precondition for your marriage and it was in the knowledge of your husband and his family then the force sibly compel you to amount to cruelty .Asfar as preparation of your Judicial service exam is concerned, it's your fundamental right and denial of same by your husband amounts to cruelty u/s 13 (1)(ia) of Hindu Marriage Act 1955. You may file divorce petition.

Q: मेरी पत्नी के ऊपर 362 , 373 का ipc लगा है । जबकि मेरी पत्नी ने सिरमदद।

कृपया मेरी मदद कीजिए। मेरी पत्नी ने एक लड़की की शादी उसकी मर्जी से करवा दी । जबकि वह लड़की के मां बाप सब मर गए थे। और उसके सगे चाचा और उसके लड़के हर रोज उससे जबर्दस्ती शारीरिक संबंध बनाए। और उनसे उसका लड़का भी पैदा हो गया। पर बाद मे हमारी पत्नी ने केवल मदद के लिए उसकी शादी करवाई।पर उसके चाचा ने FIR लिखवाया। जबकि लड़की बालिक है जबकि उसके 8 क्लास के मार्क सीट में उसकी उम्र 2009 दिखाया गया है जबकि लड़की की उम्र 20 साल है ।मेरी पत्नी इस समय जेल में बंद हैं। मैं क्या करूं। .....

Advocate Harish Chandra Yati answered
भारतीय दंड संहिता की धारा 362 के अनुसार, यदि कोई किसी व्यक्ति को किसी स्थान से जाने के लिए बल द्वारा विवश करता है, या किन्हीं छल पूर्ण उपायों द्वारा उत्प्रेरित करता है, तो वह उस व्यक्ति का अपहरण करना कहलाता है तथा

Q: Effect of Late Filing of Counter

My false criminal case of stayed by the High Court in 2019. But the opposite party had not filed the Counter for more than 4 years. Then on 27th January, 2023 High Court passed the following order:"Counter affidavit has not been filed yet.As a last opportunity, two weeks time is granted to learned counsel for opposite party no.2 to file counter affidavit. Rejoinder affidavit be within a week thereafter."Now after month's they have filed the Counter on 16th October, 2023.How to Counter it?

Advocate Harish Chandra Yati answered
3(2)(b) of the Limitation Act, the date of institution of the suit in the court shall be the date of commencement of the counter claim. That means the counter claim should be filed before the arbitral tribunal within three years from the date of cause of action, to be within the limitation period.

Q: Mother didn't want to take care of me so used to give me up

My mother did not used to take responsibility of a child so since birth, she used to give me up to the servant to take care of me. He saw that I was abandoned she he used to sexually assault and rape me. The mother always used to abuse me, I wasn't even allowed to utter a word - even when I was hungry. The mother saw the servant in a questionable position and she called me and shouted at me saying I should not go to the room with him. She did not fire him or did anything. Father knew everythin

Advocate Harish Chandra Yati answered
it is really very it is really very sad and unfortunate also first o f all I would like I would like to know how old you are and if you are minor you be approach the police station lodge complaint against your mother underproxo act .

Q: 15-year old developed Mental illnesses due to brutal physical & sexual

Both me and my brother are brutally physically and sexually abused by both our parents right from our birth. The mother abuses us and the father supports the mother and listens to the cries. I have permanent mark of violence and my brother has developed mental illnesses. He cannot go to school and doesn't go to school anymore.

Advocate Harish Chandra Yati answered
Dear Client. Let me know how much old are you and your brother. You may lodge your complaint with police. If you and your brother are minor,you may lodge an FIR under POCSO Act and get help from the NGOs.