Advocate Manoj Bharat Jaiswar

Questions Answered by Advocate Manoj Bharat Jaiswar

Q: Change of surname after marriage

I need to get my wife's surname changed post marriage. Our marriage took place in a church in Thane city in 2016. We are at present residing bin Ahmedabad city. What is the required process to be done ?

Advocate Manoj Bharat Jaiswar answered
you can change her surname by producing marriage certificate to the concerned authorities. If you haven't register your marriage , you can register by producing proof of your marriage , residence proof of both and age proof of both.

Q: Refusal of summons by the respondents now what to do

Hi my friend filed a DV case and judge has also ordered for the issuance of summons when the in laws came to know about the summons they have removed my friend out of the house also the in laws refused to accept the summons and when she reached to the police station she didn't get help. Should she make an application under section 17 as a right of residence. Now what to do in this case can judge ordered for interim relief. Please help

Advocate Manoj Bharat Jaiswar answered
DV case includes provision for residence. Normally police do not entertain because it domestic matter but she can give NC and can file FIR against the in laws if they abused and beat her. If they are accepting summons to you can another mood of summons. Interim relief may be granted but due to covid 19 , courts are not functing properly.

Q: To change my cast form hindu agri to hindu maratha

I want marry with other cast boy... But our parents can not accept our marriage because our cast is different. We both wants marry with each other...... But we don't want heart our parents.... Can I change my cast

Advocate Manoj Bharat Jaiswar answered
In India Caste is social status and not a legal status. There is no provision in law to change the caste. Caste of female can be change into caste of husband after marriage . You can change your religion by declaring your faith in another religion but can not change your caste. Caste related to acceptability even if you declares publically that your are going to adopt another caste, will people of that accept you ? special if your are belonging from lower caste and declaring that your adopting higher caste!

Q: Third party accident claims for vehical damage

Jevha 2 vehicle Cha accident hoto tya veles 1 vehical owner la jar 2 owner vehical owner var vehicle damage sathi court claim karyachya asel tar minimum konte documents required ahe.( 1 vehical is government vehical and 2 vehicle konti pan asu askte) plz reply me

Advocate Manoj Bharat Jaiswar answered
Vehicle la je kahi damage zala asel te tumhi directly insurance company kadun gheu sakta Ani accident mule je kahi physical injury zali asel tya karita tumhi Motor Accident Claims Tribunal la approach karu sakta. Physical injury cha damage Sathi vehicle che paper, insurance, medical paper ani bills, FIR

Q: Can Whatsapp chat, record be evidence in the court

Me aur mere husband 1 saal se upar hogaya hae alag rehte hae..hmare whatsapp pe baat hoti hae hmare whatsapp pe bht jhagate hae,ek dusre ko bht badwords, abusive language use kiye aur usne wo sab save karke meri beti legaya air police station pe uska msges dikhaya.N now he is telling ki tujhe sath me rehna hae bachi chahiye toh court se aa.me sab msges dikhaoge fir court bhi order nhi dega..can he show whatsapp chat recording as a evidence in the court

Advocate Manoj Bharat Jaiswar answered
Yes, whatsapp chat and recordings are admissible evidence in court of law. Whatsapp massages of mobile and call recordings of phone call can be produced before the court as evidence. Primarily police do not register case on basis you mentioned but it depends what words you had used. You can approach to court to solve your issues.