Advocate Hridika Kawatra

Questions Answered by Advocate Hridika Kawatra (25+ answers)

Q: Permanant Address Concealment By freinds Wife

My Freinds wife has not mentioned her permanent address to create a false jurisdiction in Crpc 125 and DV Case. Her adhar address is Indore but she has filed a case in Nashik and mentioned that she stays with her sister . Also in Order 9 rule 13 petition she has only her Indore address and not mentioned Nashik address.Is it legal 1) To conceal permanent address 2) To mention different address in different petitions filed by same person 3) Under what sections action can be taken against her

Advocate Hridika Kawatra answered
1. yes she can file petition in Nasik saying she is living with her sister and it's a dv and 125 crpc case it's a sensitive kind of issue and judges show leniency 2 so your advocate has to point out the fact in the court if the judge listen it so and if she is living on rent or any thing so you can try to prove that through you submitting your findings in court it will help your case

Q: Minor boy run away with minor girl

"A 16-year-old boy ran away with a 15-year-old girl and has now been arrested. The police have framed charges against him under Section 137(2), Section 65(1), Section 87, and Section 4(2) of the POCSO Act. What remedies are available to protect the boy from these charges, or what will be the consequences?"

Advocate Hridika Kawatra answered
charges are actually very sensitive and the case is about minor girl so It will be difficult to protect the boy he has to face the trial but the fact that both are minor in this case so the trial will conduct in juvenile justice court so may be they show some leniency to the boy but if both the parties settle this out side the court and the girls family take the complaint back so may be the boy can be saved without facing trial

Q: Removal Of Parents Name In Pwdva Case

What are the grounds on which it is prayed to remove parents name in pwdva case...after summoning if they were living together with family during matrimonial life of son...and what is the best way to put this application in front of court ...is it recall of summon order or name removal application or summon order challenge ..

Advocate Hridika Kawatra answered
there are no grounds on which you can remove the name of parents in DV act if the parents name is already given in the complaint by the complainant and they were living with there son during matrimonial life you have to prove that the complainant is make false statements which can only be done during cross-examination because dv act cases are actually handled sensitively and judges usually don't grant relief that easily

Q: Can concerned person send letter to judge

My neighbor believe that I should write to judge in his case. I am not party to police case. My neighbor say that my statement of truth in this case will help judge dismiss matter quicker. Am I permit to send letter to judge to take under consideration or will judge just throw my letter in waste basket?

Advocate Hridika Kawatra answered
no you shouldn't write a letter to the judge directly because it will not be considered as a evidence in the case as your statement is not on the record on this matter instead let the party know the you want to give your statement and then they will share it with there lawyer if he or she feels like your statement is actually important and it will turn the tables then they will present your statement in the court themselves as advocates have some technical things they have to do and it will also helpful on your part but you don't have to write any letter they will not consider it as an evidence related to the particular case