Advocate Mallika Parmar

Questions Answered by Advocate Mallika Parmar

Q: What does reasonable time mean in the order of the court

If the court orders the respondent to pay an amount to the petitioner within REASONABLE time and no time period is mentioned in the order, then what is the reasonable time till which the petitioner has to wait and when can the petitioner file a contempt proceeding against the Respondent?

Advocate Mallika Parmar answered
Hi,It will depend on the amount, the nature of the case and other facts and circumstances like whether it is an interim order or final order. Ideally the order should specify the time limit. You may also move the Court to give a time bound direction for payment @modification of the order.

Q: What is the punishment in the case of child marriage

Is a boy of 19 can marry a girl of same age 19. I know It was also a case of child marriage, if it is a case of child marriage then what is the punishment for this criminal activity in Delhi or in other state.

Advocate Mallika Parmar answered
This is a contentious issue as the condition under hindu marriage act is that female should be 18 and male should be 21. But under hindu marriage act, if this condition is not met the marriage is neither void nor voidable. But punishment of 2 years can be granted. On the other hand under child marriage prohibition act such a marriage is voidable on the discretion of the minor party which in this case will be the male. Therefore the marriage will become legal once the groom attains the age of 21yrs unless he moves the court for annulment before he attains 23 yrs of age. Practically speaking all these issues come into play for the protection of minor brides. Regardless, it is illegal and punishable under Section 18 hindu marriage act.

Q: Legal procedure to complain about fraud in college degree

Person cleared Judicial Services exams and became judge. I have sufficient proofs that this person got 3 years LLB degree via fraud because this person didn't attend the 3 years collage full time. In fact the enrollment (to collage) happened just before the first year's final examinations (amongst other long leaves from collage in the remaining two years). What is the legal process to bring this fraud out to proper authorities.

Advocate Mallika Parmar answered
You may approach the bar association of the concerned court. They or you personally can forward the complaint to the district judge of the district court or in case he is a high court Judge, to the chief Justice of that high court.

Q: Case pending in NCDRC for the past 6 months, when to expect a hearing

I have filed a case in 2016 in ncdrc Delhi but from last six months its showing case status pending. when can I expect the next date of hearing?

Advocate Mallika Parmar answered
Kindly share the case details with a lawyer so that he can guide you. Ncdrc follows very strict procedures with regards to delay etc. It depends entirely upon what proceedings have happened till date in the case. Usually the order sheets are also available online where the next date of hearing is mentioned. There is a possibility that the case is listed for final hearing after giving opportunity for filing evidence etc. For that ideally 6-7 months date is given.

Q: What are the rights of children on father's property after divorce?

I amm taking divorce . my chldren aged 18 and 22 ..Their right on Fathers property after he gives us a house to stay

Advocate Mallika Parmar answered
The rights of children in the property of their father remains unaffected after divorce. But the father is at liberty to make a will ousting them. If he dies intestate, i.e.without a will, they will have right to inherit the property along with other surviving legal heirs.