Advocate Mohini

Questions Answered by Advocate Mohini (50+ answers)

Q: Certified or True copies from abroad

Very old quashed FIR mutual-settlement case. Person is outside India who was party to the case. They need either true or certified copies of all filings/orders. ...... "e-True, e-Inspection, e-RTI" is available on High Court website, but portal needs person needs to add their name and Indian mobile number/address (don't have). What's the best way to do this? If hire someone locally, is there a way to avoid creating a "record on the docket" like a vakalatnama to maintain confidentiality..

Advocate Mohini answered
yes, you can find the record. You have to share all the relevant information regarding the case and parties to get certified. You have to file an application for getting the same and there are some rules for certified for applying certified, you have to follow them then you will get certified copy of your case

Q: Is major children’s get maintenance under DV act ?

Hi,My friend won DV case in 2012. Court granted rs 20000 per month for her two minor daughters ( 10000 for each daughter). Now, daughters became major elder one is 28 years old with M. Pharma degree and younger one is 23 years old and did B. Tech . Are they still eligible to get maintenance under DV act from their retired father ? Can still my friend appear in court on behalf of major daughter.?

Advocate Mohini answered
yes, your daughters can claim their maintenance but not in domestic violence . there are different remidies in law beyond DV act. You should avail the same. If you want to know about the legal remidies, you can call me or meeting in my chamber.

Q: Cheating, fraud, demanded dowry, active on other matrimony

I met this person through matrimony site in August 2022. Families met. After three years, he disappeared. We had given Shagun/Roka to him. Marriage was fixed. Thereafter, he demanded to see all arrangements and his family also asked favours, demanded things, like, dena toh hota hai. We didn't encourage them. Then, he said, I have election duty. Marriage posponed. He blocked my number. went his home didn't meet. This man is now active on other matrimony site. He did fraud to me, cheated me.

Advocate Mohini answered
You should have file a criminal complaint against that person and his family about their fraud. You have to tell some other facts about the fraud then I can give you a proper reply about your query. You can contact me or meeting with me in my chamber.

Q: 498A chargesheet registered as Misc Case on ecourt

Can anyone confirm why 85 BNS chargesheet registered as Misc Case instead of Cr. Case and under petitioner it is showing as Complainant as Petitioner and State as Advocate vs SHO Police station as Respondent instead of Accused.Is it positive thing for accused person or not?

Advocate Mohini answered
HiiIf your case has been registered by the police officials through registered a FIR then the trial will go as per law. There is a possibility as per your query your wife has filed a complaint case for registration of FIR, So you have seen above said details which you have mentioned in your query.You can contact me at my number or fix a meeting for resolving your query properly.

Q: Guidance Required Regarding Reopening of Withdrawn Maintenance Case

Respected Sir/Madam,I am seeking your kind advice on a matter concerning my wife’s maintenance case.My wife had filed a maintenance case against me earlier, which she herself withdrew in September after the matter was mutually settled/compromised.Following that withdrawal, she continued to reside with me for almost six months. However, on 5th January 2025, she created a disturbance at home and thereafter went to live with her parents.To my surprise, she has now attempted to re-open the same maintenance case, despite it having been disposed of as withdrawn on the grounds of settlement/compromise.In addition, she has also filed an execution petition in relation to the same case.Kindly advise me on the following:1. Is it legally permissible to re-open a case that has already been withdrawn and disposed of on settlement/compromise?2. What legal remedies or steps are available to me in such a situation?Your valuable guidance will help me proceed in the right direction.

Advocate Mohini answered
HiiI want to tell you about your query that , you should read the terms and conditions of your settlement agreement very carefully. Because in the settlement, it is mentioned that if any party breach terms and conditions then they will move to their avail the legal remidies. Apart from that It is also important to you know that at the time of withdrawal the case,the court had given liberty to revive the cases.You should file a strong reply against your wife to revive the case again.But I also want to tell you that You and your wife both have the right to avail their legal remidies whichever for both of you.