Advocate Meenakshi Garg

Questions Answered by Advocate Meenakshi Garg (100+ answers)

Q: Family dispute for Father's earned money.

Can my sister file a lawsuit on me for being the finance handler of my Father's Earned cash (My mother asked me to do so and keep it safe from misuse in family)

Advocate Meenakshi Garg answered
Hi,Yes your sister can surely file a suit against you as she is one of the Legal Heir of your father. Hence she can claim her right in the property, assets and cash of your father by filing a suit before appropriate court.

Q: Query regarding ex partee divorce process

It’s been 5 yrs my divorce case is going on. First 2 yrs my husband didn’t come for any date. Later it become ex partee. But it started normally. So far it has shown that he is not working and he is under depression and his brother is taking care of him. Where’s the fact is opposite. Finally court approved interim maintenance of 6k per month and approx 3 lacs he has to pay me but again he stopped coming for the dates.i am a cancer patient. My medical expenses are 15k per month. But his lawyer didn’t talk about the same neither he believes on me. I told them check with the hospital. He is not ready to pay maintenance and alimony both. He has my jewellery also but he denied. How will I get divorce, alimony, my jewellery from him? If he didn’t come again in the court. As it’s been 6 months he is not coming to court since the court pass maintenance order. What should I do ? How. Should I take divorce from him ? How will I get alimony? I need money for my survival and my treatment both ?

Advocate Meenakshi Garg answered
Hi mam,You should immediately file execution proceedings against your husband with respect to the maintenance order passed in your favour. He will be forced to come to the court as the court will pass Bailable warrants and then non bailable warrants against him.

Q: Stolen bike recovered and using it now, but recieve court summon

2020, bike got stolen, FIR filled and got recovered. Done all procedures at police station and using bike from last 4 years.Today recived a summon from Saket Delhi court to appear for releaseing bike.what should i do now? ignore the summon or got to countless hearing in court?

Advocate Meenakshi Garg answered
Hi Sir, As you have mentioned that your bike was stolen and you have filed an FIR but you have got your bike on superdhari. Now since it was an FIR so you will have to go to the court, inform them about the recovery of the FIR and they will close the case. You will not have to go for countless hearings and ignoring court summons is not a good idea. Please go to court and inform the court about the recovery.

Q: Fake Signature on 41A notice by Investigation officer

Sir, in my 498a case the io has submitted 41a notice with my fake signature in chargesheet in court. Can I file a complaint against Io in court or to SP DGP of police.

Advocate Meenakshi Garg answered
Yes you can put this in the notice of the court and the court will summon the IO who has forged your signature and the court can also direct the Investigating officer (IO) to prove that the signatures are endorsed by you and not him.

Q: 498a chargesheet cross the time limit

My wife lodged fir in 498a, 406, 34 in July2021. Chargesheet not file till date. Now the opposite party request court to process the FIR. The time limit of filling chargesheet already crossed the time limit. Is it possible for the court not to take cognigance on the ground of exceed the maximum time limit or any other expert opinion in this situation??Please suggest.

Advocate Meenakshi Garg answered
As per law in cases triable by the lower courts the chargesheet is required to be filed within 60 days from the date of arrest of the accused and in cases triable by the sessions the chargesheet is required to be filed within 90 days. If the charge sheet is not filed within the prescribed time mentioned above, the accused has a right to default bail. However, if the chargesheet is not filed within the said period then there is no law or limitation that the court will not take cognizance of the offence. There are times when the chargesheet is filed in delay as the investigation is going on and for the purpose of investigation there was a requirement of few witnesses who are not available at that time or any such situation. As such the court will take cognizance even after the maximum time limit has been surpassed.