Advocate Mit Guha Roy

Questions Answered by Advocate Mit Guha Roy

Q: How to Change Date of Birth in Birth Certificate

I live in Delhi. My daughter's date of birth in birth certificate is wronly put to 01/08/2008 while in actual it is 03/09/2007 which is correct and present in all other documents like school records, Tika Card , aadhar card . So, how to change dob in birth certificate ?

Advocate Mit Guha Roy answered
You have to make an affidavit mentioning the correct date of birth before the first class Metropolitan magistrate of your jurisdiction you have to also mention the wrong date of the date of birth.. then have to produce the affidavit before the concerned authority ..

Q: Live-in can get marriage certificate

If a couple living in live in relation with long time and they have child in June 2018. To Kya wo couple Bina marriage k card k marriage certificate pa sakta hai ya Kya wo us relation ko registered karwa sakta hai because of social justice of child aisa koi procedure hai Indian law me dono couple m female ki age 29 hai or male 31 ka hai child approx 1 year ho gya to 1 year back se marriage registered ho sakti hai?? If couple live in delhi

Advocate Mit Guha Roy answered
yes couple can obtain the marriage registration document without the marriage card have to certain documents regarding the identity and the age proof joint photographs of husband and wife . thank you very much for your question for further details you can contact us ..

Q: Can I do marriage if my divorce case runs for more than a year.

Sir, can I do marriage if divorce case runs for more than a year?

Advocate Mit Guha Roy answered
in Hindu law cannot remarry until and unless subsisting marriage is declared null and void or obtained a decree of divorce, during subsisting marriage some one cannot remarry.. remarriage is a criminal offence in India under the provisions of Indian penal code..

Q: Regarding discharge in 498a after chargesheet

If IO doesnot include the evidences given by accused in 498a 406 34 case. Can accused give them after chargesheet is filed. As i want to move for discharge on the bases of evidence i have.

Advocate Mit Guha Roy answered
firstly all the documents regarding the evidence collected by the defence that is husband is required to be produced for thourough perusal of the records and the document inter alia in the favour of the husband possibly to adjudge regarding the discharge of the accused person from the proceedings although discharge application can be filed before the concerned magistrate before framing of charge , an application under section 482 criminal Procedure Code can also be filed before the honorable High Court for quashing of the charge sheet. possibility of acquittal of the accused person is always their if the trial is held properly... thank you

Q: 498a whatsapp message and photos can be evidence for quashing

Hi, My wife made a false case u/s 498a/34 and DP 3 & 4 on 5th July, 2019, just after 2 months of our marriage. I had whatsapp and facebook message till 30th June, wherein she is saying she loves me and my family and some romantic messages. Also had some romantic photographs too. Can this be used as evidence for quashing 498a? We can claim that till last week she was happy, it was because of some verbal quarrel against her going parental home, she got angry and slapped such cases? Also she went from my house on 3rd July to her parental house and lodge the case there on 5th. Can we say that had there been any cruelty, how could she go to her parental home and lodge the case there? Btw she is a qualified medical doctor by herself

Advocate Mit Guha Roy answered
Mere quarrel between husband and wife does not amounts to cruelty towards the wife and evidences of photographs of spending good times and romantic moments is always a good evidence on the part of the defence.. as she is by profession doctor she can procure medical documents on her favour, which might be used as evidence against the husband there is a chance of quashing of FIR but certain measures and representations are to be made to make it smooth .