Advocate Lalit Mohan Gulati

Questions Answered by Advocate Lalit Mohan Gulati

Q: If wife doesn't want to live with in-laws ,how to file a divorce case ?

Sir l m 32 yrs Hindu boy; married in April 2015 now have a two months old boy. My wife has been living with her parents since last one year. my wife doesn't want to live with my parents. l tried a lot but didn't get any response. They r disturbing my job as they r spreading romours at my working place. lt was a dowry free marriage. what will be the basis if l file a case. l m alone son n can't leave my parents. Can she file a dowry case?

Advocate Lalit Mohan Gulati answered
yes you have a valid ground to file divorce case, even the hon'ble Apex court has recently held that incase a wife refuses to live with the parents of her husband, it amounts to creaulity As far as dowry case is concerened, yes she can file a dowry case, but incase you take preventive measures, like filing a petition for restitution of conjucal rights and a advance complaint to police,then the aftereffects of a dowry complaint would be lesser

Q: Can a person with FIR leave country ?

FIR registered against the family but name of 1 family member not mentioned in FIR.. only relation is mentioned...can that member leave the country? how can a person go abroad if he has a police case?

Advocate Lalit Mohan Gulati answered
what is the stage of F.I.R,is it at investigation stage or challan has been submitted before the trial court ? if investigation is not complete then convince the investigating agency about innocence, but it is advisiable that you settle the things before leaving the country.

Q: Wife threatening for false DV case want divorce from her what to do

i got marid on 10nov16,my wife is in police as cnstble n im in defnce.she is stubborn,agressiv n dominant in nature.she dont shows interest in sex n responsblty to my fam.she treats me lik dog.she hv affair with a aged married man.i hv jus "exchanging lov u" n a consiprancy against me to catch me red handed with a gal on watsapp chat n few her call recordings showing her nature n threatning fr false DV case as evidnc.she dnt want to gv me divorce n stayin with us.

Advocate Lalit Mohan Gulati answered
you said u r in defence forces,if you are an in army then send a communication to your area commander and file a case of divorce on the grounds of creaulty and you can even approach courts for protection under section 160 cr.p.c

Q: Have a registered will, can a new will without registration be made?

As in subject .I made a registered will earlier in 2014 now I want some changes in it .can I make new will on plain paper.

Advocate Lalit Mohan Gulati answered
no it has to be registerd again,and adding the reasons why you want to change the earlier will and adding the line that the new will is your will without any undue pressure or coercion and in full senses

Q: Daughter claiming share in fathers property what to do

Father died young(38 years) in year 1953 without leaving a will.there are three childern two sons and married daughter.the mother died some where in the year1960.Both sons died in the year 1973 and 1991.the daughter (Happily married) claiming share in house owned by father from childern of brothers.

Advocate Lalit Mohan Gulati answered
she cannot claim for two reasons one as per the earlier law she was not entitled to any share.secondly she has to prove that the property in question was purchased from funds generated from hereditary sources,which she cannot prove since the father,mother,brothers are not alive