Advocate Kumar Karan

Questions Answered by Advocate Kumar Karan

Q: Stay order in 498a case filed u/s 498a against husband by in-laws

My self currently living in delhi with my wife n son of 3yrold (All are Hindu by religion), my father in law from Dumraon has filled a complain against me n my family members under section 498a,the matter is under Family welfare department and is about to proceed to local mahila police station n further. We have already taken bail from district court regarding this but now we want to take stay on this matter before it goes to police station or court. Please help me with the detailed procedure that how to proceed with the matter to take 498a stay order.

Advocate Kumar Karan answered
Dear Client, How have you secured the bail even before lodging the FIR ? This is the strange thing. First let the FIR registered, then you go for bail secure it. Before lodging the FIR, you can try to mediate with the opposite party.

Q: Can similar case be filed in two different courts at the same time ?

I want to know that if one complaint case-156(3) u/s 498a,406,34 ipc in which the bail order has already been granted & the chargesheet has been filed,then in that situation can another complaint case-156(3) u/s 498a,406,34 ipc can be filed in another court? if not so then what is to be done against that? if it is not allowed under law then which is the section of ipc/crpc deals with the same? can a case of 420 be filed in this case? what is the supreme court judgment on parallel proceedings ?

Advocate Kumar Karan answered
No, you can't file another case in the same section for the same cause of action in other court. However, if there is something new has surfaced which was not covered in earlier petition, then you can file another case with respect to that situation. Like, you can file a case under section 420.

Q: How to get divorce from a mentally ill spouse ?

My brother want to file a divorce against his wife, she is mentally disturb, she often becomes violent and start quarreling with them. But we don't have any proof. There fore, can we keep detective for proof. Her parents had hide from us about her mental illness. how to prove mental illness in court in india ? what are the procedure for divorcing a mentally ill wife ?

Advocate Kumar Karan answered
Dear Client,In the present situation, your brother can file a divorce petition on the ground of cruelty if yoj don't have a proof for her mental illness. The divorce petition can be filed under section 13 of the Hindu Marriage Act.

Q: how to get bail in ipc 307 when rejected by lower court ?

Sir when 5 month cross police is not submit a injuries report and also civil court reject bail what is the process to get bail in 307 ipc case

Advocate Kumar Karan answered
Dear Client,Now, you can file a bail petition in the hon'able High Court in order to secure your bail. For filing the bail petition , you need ro take the copy of the impugned order passed by the Civil Court.

Q: What are criteria of valid marriage as per hindu law

Sir let to be the two sisters like that X and Y. And son of X and grand daughter of Y loves each other. Is that possible to getting married each other. Pls suggest the best option. 

Advocate Kumar Karan answered
Dear Client, In the present situation like this, the marriage is not the valid marriage because as per Hindu Marriage Act, from mother side, you can't marry for next three generation and from father's side, you can't marry for the next five generation.