Advocate Mohd. Hashim Chauhan

Questions Answered by Advocate Mohd. Hashim Chauhan

Q: Can I marry a Muslim Woman within the period of divorce case pending

I am a Muslim Man working in Central Public Sector Undertaking. Can I marry another Muslim Woman within the period of divorce case pending in court. How will this affect my Job.

Advocate Mohd. Hashim Chauhan answered
If your first wife is a hindu or from some other religion than you can not marry while the case of divorce is pending in the court of law however, if the first wife is also muslim than in that case you can marry for the second time under muslim personal law. It will not impact your job anyways if you marry under the provisions of muslim law.

Q: Can an email communication be treated as an evidence in a case

if we have communicate our distributor through email for his A/c Balance Confirmation and also we his email ID & same clause in our distributor agreement then its entitle to present the same in court - at that time its communication is acceptable or not under court. above communication of balance confirmation we need to use in U/s 138.

Advocate Mohd. Hashim Chauhan answered
Under section 138 of NI Act, You shall annex it with the application of section 65B of the Indian Evidence act, 1872 as amended upto date and it will be considered as a part and parcel of the evidence in the court of law.

Q: What to do if my sisters in laws are torturing her

My sister is getting tortured mentally and once physically too by her husband and her mother in law. Since her marriage 2 years ago, mother in law keeps asking for so many expensive gifts and money on different occasion. Also, they ask her to get up @4am daily and do all household chores without any maid etc. They don't keep maid for a huge house. They keep quarrel with my sister and her husband does not support her. He just listen to his mother. My dad has cancer and my mom did suicide few months back due to this pressure of cancer and torture of inlaws to my sister. They sent my sister to our home forcibly and kept her phone too. We are hindu.

Advocate Mohd. Hashim Chauhan answered
If there is a physical assault next time file a FIR under 498A of the IPC, and in case of violence file a complaint under domestic violence act, 2005 and so for the as they are asking for expensive gifts lodge and FIR under Dowry Prohibition Act, 196. If Police doesn't help you, get in touch with a lawyer as soon as possible.

Q: What to do if builder check cheque dishonored

I had given cash of rs 5 lac to one builder company against this I have chq which owner gave me ,chq is dishonoured now ,do I have a remedy?

Advocate Mohd. Hashim Chauhan answered
Please get in touch with a lawyer as soon as possible so that a quasi criminal case can be filed under section 138 of The Negotiable Instruments Act and the liability of the cheque amount can be created on the builder.

Q: What to do a case has been filled under 7 PC Act

My father has been arrested while allegedly taking bribe under 7 PC Act. A search operation was also carried at my home where they seized some Passbooks, KVPs etc. CBI has already filed chargesheet 10-12 days back under section 7, 13(1)(d) and 13(2). Can they still file a Disproportionate assets case against us? If yes, till when can they do that? Also, when can we get those seized documents back? Some documents were of my grandfather also who live with us. Thanks for the help.

Advocate Mohd. Hashim Chauhan answered
Yes, the CBI usually do act like this once a case has been filed under the provisions of PC act. During the investigation the CBI might have got some clues in the form of evidence which at times may create a problem for the accused and further the CBI uses those evidences in the lodging of a Disproportionate of Assets case against the accused. So for the time span you are asking there is nothing in the straight jacket form within which the CBI may implicate you of the Disproportionate Assets Case. There are certain documents that one can get back with the permission of Hon'ble court by filing an application however that is totally up to the discretion of the Hon'ble court to allow or dismiss that particular application or else one can get the documents back on the completion of trial or when the judgement is pronounced and that to with the prior permission of the court.