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: Will a previous case create problem for my future job

Sir I have I case under 147/148/148/308/323 it was a family dispute.will I get a joining in ssc Chsl as I have cleared the exam

Advocate Mohd. Hashim Chauhan answered
No, till the judgment of your case is pronounced. Normally what happens when a criminal case is pending for adjudication against someone in the court of law and in between the concerned person got recruited for a government job, POLICE VERIFICATION takes place where we can't hide anything which is a matter of record, here in your case, if you get acquitted in the case pending for adjudication than police verification will not be a problem for you and you may join the concerned service without any obstacles. The other side of the coin is if the judgment is about your conviction unless and until you get acquitted by the appellate court you can't join the government services/job.

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.