Advocate Jashpal Nagar

Questions Answered by Advocate Jashpal Nagar

Q: What would be jurisdiction for child custody for Girl child (6yrs 2mon

My Girl child (6yrs 2months) has been forcefully taken away by my husband from Noida to Bhubaneshwar. where should I now file child custody case in noida or BhubaneshwarnnInitially he said he will return the child after 10 days vacation, now he has admitted the child in school at Bhubaneshwar and not returning herWe are not legally separated, child was living with me for last 6 years

Advocate Jashpal Nagar answered
you can file a petition in noida..you have first right to take custody of your child ..you husband can not take her custody force fully against you. so you can file petition in noida court to take custody of your baby girl

Q: Divorce / Child custody from abusive husband

Hi, I am Mridula from Noida,nMy husband abuses, yells and make me feel vulnerable along with his father, he abuses me and my family in front of our 6 years old son.yesterday I went to leave my son to school (panchsheel park Delhi) and attend my class which was informed by my son to his grandfather at home, but still he kept on calling me when I was driving, and threatened me to kill me and my mother, brother and sister.and why I took his son away from him and was yelling and shouting on me.He changed the lock of the house specifically yesterday so that we cannot get into the house and he can do all his drama in front of the society residents.So I went to mother's place and from there he started threatening. Because of mother has recently changed her location my husband was not aware of the new location because since our marriage he never respected my family neither took interest in any matter.Yesterday I gave written complaint in sec 49 and he is in lockup.what should I do next?

Advocate Jashpal Nagar answered
you can file petition under sec 125 crpc..for mentenance and petition under hindu marrige act..you can also appose his bail in court for not granting him bail..pls make sure that police lodge complaint in proper sections

Q: need help to confront my mentally ill father

can I file a complaint or leave my father because he has been mentally torturing me ?

Advocate Jashpal Nagar answered
yes you can file a complaint against your father for mentally torturing you under ipc and domestic violence act..if your are mature means over 18 year old you can leave your father ..so you can file complaint

Q: fraud of money by cheating and absconding

under what section of ipc a person can be charged who has taken money from many people in the name of setting up a company and promised to return the money with profit , and has absconded with the money and no such company exists in reality.can he be charged under section 420 ?nwhat else sections can be applied ?

Advocate Jashpal Nagar answered
he can be punishable under for doing( fraud420, criminal breach of trust,406 misappropration of document467 468s,and use them for doing fraud471..,) ipcyou can file a petition under section 156(3) crpc for lodge your fir against him

Q: My husband want divorce from me but I don’t want this

At the time of marriage, my parents told my horoscope details as ( 10/04/1995 (doc dob ) , Mathura , 10:30 am ) but after 6 months of marriage my husband came to know about my actual horoscope details as { ( 8/04/1994) , and 2:00 am , Mathura } . After knowing this my husband is saying that we lied to his family to match the kundli but in reality this is not true . So , now he is saying that we have done fraud with his family to he need divorce .And also now he is not trusting me anything and putting more allegations to take divorce like I talk to my male friends and he hacked my wtsap account and kept chat as a prove in which I told my horoscope details to one friend and my husband got very angry with this as he says that no one shares horoscope details with friend. But I don’t want to give him divorce . What should I do now ?

Advocate Jashpal Nagar answered
यह कोई डिवोर्स का वैलिड रीजन नहीं है कि आपने उन्हें गलत होरोस्कोप डिटेल्स दी थी इसलिए आप ज्यादा परेशान ना हो अगर वह कोर्ट में तलाक की अर्जी भी डालते हैं तो आप उसे आसानी से डिफेंड कर सकती हैं हालांकि इसके लिए आपको अपने हस्बैंड पर और भी दबाव बनाने की आवश्यकता है और थोड़ा सख्त होने की आवश्यकता है