Advocate Lalit Mohan Gulati

Questions Answered by Advocate Lalit Mohan Gulati

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

Q: FIR registered can I leave the 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?

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: Can I get married without divorce

I m living separately since 1990 . my wife is living in USA from the last 17 years..the case of maintance was dismissed filed by her..i m 66 year old.now i can married without divorce with a divorced lady.

Advocate Lalit Mohan Gulati answered
when was the case for grant of maintenance dismissed,you have to clarify.. has your wife left your company or you have left the company has to be specified..otherwise living seprate for such a long period is a good ground of divorce on the ground of desertion... as far as marrying again,yes there should be no problem,because your wife cannot lodge an FIR and can only file a pvt complaint case in trial court,incase she chooses to and for that she has to be present in court for each date of hearing