Advocate Lalit Saxena

Questions Answered by Advocate Lalit Saxena

Q: in a cc case 319 crpc detailed answer required interested only answer

Crl.M.P. of 2026 filed under Section 319 Cr.P.C. remains pending for respondent-side arguments/enquiry since may 2026 , which is repeatedly adjourned at the request of the respondent side, while the main C.C. case of 2021 has itself been pending since the year 2021, whether the proceedings can be permitted to remain indefinitely pending by repeated adjournments, or filing 309 crpc in next hearing for expeditious disposal and in accordance with Section 309 Cr.P.C, to what will judge do, opinions

Advocate Lalit Saxena answered
The indefinite pendency of proceedings due to repeated adjournments at the request of the respondent side is a clear violation of the right to a speedy trial. While Section 309 of the Cr.P.C. mandates that inquiries and trials shall proceed on a day-to-day basis, the reality of the criminal justice system often results in protracted delays, as seen in this case where a 2026 application remains unresolved while the main 2021 case languishes.Filing a fresh application under Section 309 Cr.P.C. for the next hearing is a legally sound and proactive strategy. However, the primary objective should be to expedite the pending 2026 application rather than just filing another procedural motion. The judge is expected to take a strict view of the respondent's repeated delay tactics. Typically, the court will either direct the respondent to conclude their arguments on the next date, failing which the right to argue may be closed, or the court may proceed to decide the pending application based on the available record.To ensure effectiveness, the application must specifically pray for a day-to-day hearing and explicitly highlight the respondent's history of seeking adjournments. The court is likely to grant a short, peremptory adjournment or proceed ex parte on the application. Ultimately, the judge has the discretion to balance the right to a fair trial with the right to a speedy trial, and persistent delay tactics usually justify a strict timeline or an expeditious disposal order.

Q: Regular bail for Juvinel case booked under section 3/25

Juvinel is on interim bail , need to know detailed process of getting regular bail ,how long is the regular bail process please mention all things in specific details,how will a district juvinel migistrate will grant regular bail to the juvinel booked under arms act 3/25 high school marksheet is under verification by summoning school Thankyou for your time.

Advocate Lalit Saxena answered
Under Section 12 of the Juvenile Justice Act, 2015, a child in conflict with law is entitled to be released on bail regardless of whether the alleged offence is bailable or non-bailable, including offences under the Arms Act . The court does not consider the gravity of the offence, and bail can only be denied if there are reasonable grounds to believe the child's release would bring them into association with known criminals, expose them to moral, physical or psychological danger, or defeat the ends of justice . Since the child is already on interim bail, the regular bail process involves the Juvenile Justice Board (JJB) conducting an inquiry, which normally includes directing a Social Investigation Report (SIR) . The Board shall endeavour to dispose of the bail application normally within one week of receipt of the SIR where the child has been institutionalized .Regarding the verification of the high school marksheet, the Juvenile Justice Board follows Rule 12 of the Juvenile Justice Rules regarding age determination. The matriculation or equivalent certificate is the primary document relied upon to establish juvenility . If the Board summons the school for verification due to discrepancies or doubt, it typically conducts this inquiry within 30 days from the date of the application . If the verification confirms the date of birth, the Board will proceed with the bail consideration, ensuring the principle of the best interest of the child is applied and institutionalization is treated as a last resort .

Q: Divorce decree declaration suit

If mutual paper divorce has done at lucknow. Is it possible that i as a female can apply for the decree of the divorce at the place of present residence, other then the place of divorce agreement.

Advocate Lalit Saxena answered
Yes, as a female petitioner, you can apply for the decree of divorce at your present place of residence, regardless of where the mutual divorce agreement was signed or where the marriage took place. This is a special provision under the Hindu Marriage Act, 1955, specifically designed to protect women from the hardship of travelling to a different city to pursue matrimonial proceedings .Under Section 19(iiia) of the Act, every petition shall be presented to the District Court within whose jurisdiction the wife is residing on the date of presentation of the petition . This clause was inserted by the 2003 Amendment to provide a convenient forum for women .

Q: Regarding fraudulent Arya samaj mandir

I met a guy 6 yrs ago, my parents liked him too. After a yr he asked me to first marry in arya samaj mandir & i did it and didn't tell my parents. My father before fixing marriage did a background check on him, he turned out to be fraud. When he got exposed he ran away with my money. I went to Arya samaj & told the matter that he gave a fake name & ID card. He did this with multiple women. My parents are asking me to move on. It's been 5yrs. Can I marry without problem? Am I unmarried legally

Advocate Lalit Saxena answered
Legally, your marital status depends entirely on whether the Arya Samaj marriage was validly solemnized and registered, despite the fraud. Under the Arya Samaj Marriage Validation Act, 1937, a marriage performed by an Arya Samaj priest is legally valid, especially if a certificate was issued. However, since your partner used a fake name and identity, the marriage is voidable due to fraud, but it is not automatically void. This means that unless you obtain a formal decree of nullity from a competent court, you remain legally married in the eyes of the law. The fact that he deceived multiple women and absconded does not dissolve the marriage on its own. Simply informing the Arya Samaj temple does not legally annul the marriage; they can only cancel their certificate, which does not override the legal validity of the solemnization.Therefore, if you wish to remarry without any legal problem, you must file a petition for nullity of marriage or divorce under the relevant personal law (likely the Hindu Marriage Act, 1955). You can seek a decree of nullity under Section 12 on the ground of fraud and concealment of identity. Since he has absconded, you will need to file the case, and the court may proceed ex parte if he cannot be traced, provided you publish a public notice. Until a court formally declares your marriage void, any second marriage would be considered bigamy, which is a criminal offence under Section 494 of the Indian Penal Code. You should immediately consult a family lawyer, gather all evidence of the fake identity, the Arya Samaj certificate, and any police complaints, and initiate proceedings to legally free yourself from this fraudulent marriage before moving on.

Q: file writ petition for incorrect dob in high school

i want to file writ petition for correcting dob in high school

Advocate Lalit Saxena answered
Before filing a writ petition in the High Court, you must exhaust all statutory remedies available under the law. A writ petition under Article 226 of the Constitution is generally entertained only when there is a violation of fundamental rights or a failure of statutory authorities to act. Therefore, your first step is to apply to the concerned Central Board of Secondary Education (CBSE) or State Board, along with your school, requesting the correction of your Date of Birth (DOB). You must submit supporting documents, such as your Birth Certificate issued by the Municipal Corporation, Aadhaar card, and passport, to prove the correct date. If the Board rejects your application or fails to respond within a reasonable period, only then can you approach the High Court.When drafting the writ petition, you must implead the School, the Education Board, and the State Government as respondents. The petition should clearly explain the genuine clerical error, the supporting documentary evidence, and the unreasonable delay or arbitrary rejection by the authorities. You must also mention that you have exhausted all alternative remedies. The High Court can issue a Writ of Mandamus directing the Board to rectify its records. However, courts are generally reluctant to entertain such pleas if filed after a long delay, as DOB corrections affect academic and service records. Therefore, act promptly, gather strong documentary proof, and consult a local advocate specializing in service or education law to draft and file the petition properly.