Advocate Meghaa Wadera

Questions Answered by Advocate Meghaa Wadera

Q: Many underage convicts were released one was not. Remedy?

A 16 year old boy was convicted of murder in 1994. After the Hon'ble Supreme Court order, many underage convicts of murder were released by the state government and that 16 year old was not. He was released only after serving a life sentence(14 years). What can be done in this matter now? Any remedy? Compensation?

Advocate Meghaa Wadera answered
These are clear violations of juvenile justice principles, juvenile justice act 2020 is give retrospective benefits and there are several rulings for the same. Legal remedies includes : 1) writ petition for Compensation (Article 32 or 226)2)compensation through national human rights commissions ( several cases where compensation has been granted in cases of illegal detention and excessive punishment) 3) civil suit for damages can also be filed for mental agony , loss of liberty , unlawful detention.

Q: Social media post false against my name

A person posted a fake social media post about a phone call with them from my company where I am named as the person I spoke with They have also said in the post that they have a call recording which was done without my knowledge

Advocate Meghaa Wadera answered
Steps for recommended actions: 1. Send a legal Notice to cease and desist such post. 2. File a police complaint for criminal defamation, under IT act for privacy violations and unauthorised recordings 3. Seek injunction: if the post is defamatory to your interest, seek an injunction order 4. Report content : Request removal from social media post.

Q: Fir ko khtm kaise kiya jaye bina bail karwaye court se Fir sari kaise

Abhi aur shashank sage bhai hai abhi ne 5 Fir shashank pr karwayi hai aur shashank ne 3 Fir karwahi hai mamla court me hai summon court se issue ho chuke hai dono ek hi makan me upar niche rehte hai shashank ki death ho gyi hai shashank ke bacche karwahi nhi krege magar FIR ko hold pr rakh kr pareshaan krege bina unke jaye court se FIR case kaise khtm hogga Abhi ki umr 60 saal aur shashank ki umr 65 saal hai abhi chahta hai bina bail karwaye court se case kaise khtm hoga

Advocate Meghaa Wadera answered
Legal steps to quash FIR in the present matter : . If FIR Has been filed from both the sides then cases can be mutually resolved: 1. FIR Quashing under Section 482 CrPCIn case of death of shashank, the matter cannot be proceeded further, thus as per the guidelines of supreme court in such a situation the FIR can be quashed from High Court. 2. Mutual Settlement/Compromise PetitionOn grounds of mutual understanding and settlement, a joint application can be filed in high court by abhi and shashank’s kids and FIR can be quashed. 3. If matter is quashed no need to file bail, but in present instance summons have been issued thus abhi will have to mark presence in the trial court, to expedite matters, abhi can file an early hearing application. 4. Death of the Accused or ComplainantShashank death is a significant factor and often in such cases court does not proceed with criminal charges in case of death of complainant.

Q: Contempt of Court filing in lower court

Please let me know if contempt can be filed in lower/subordinate court. And if yes, under what section of Contempt of Court Act, 1971 can it be filed? Any judgements which say so will be helpful.

Advocate Meghaa Wadera answered
Contempt proceedings cannot be initiated in the subordinate courts and shall be referred to high court which has the exclusive power under section 10 of contempt courts act to take action. Mansur ali vs state of kerala (2019) clearly states that lower court can report contempt but lacks the power to try or punish contempt themselves.

Q: Age for girl to get courtmarriage

Can a 20 year old girl get married via court marriage

Advocate Meghaa Wadera answered
Yes, a 20 year old woman can legally marry in india through court marriage provided that both the parties meet the requirements. The bride must be at least 18 years old.The groom must be at least 21 years old.There should be mutual consent and neither party should have a living spouse at the moment. Should you have any more query feel free to connect with me.