Advocate Mohit Parihar

Questions Answered by Advocate Mohit Parihar

Q: Hindu Marriage in 2015, Separation in 2016. My wife left some clothes in matrimonial home. Locker ke

Hindu Marriage in 2015, Separation in 2016. My wife left some clothes in matrimonial home. Locker keys are with her but last few transactions were done by me as she used to give key to me to get jewellery out of the locker. My parents stay in separate state but some jewellery of my wife is with my mother,my wife kept it there as we didn't have locker at that time and whatever jewellery she kept with my mother was not very useful. In 2018, she filed a FIR with several sections including 498A, 406, 420. After filling of FIR, my lawyer and mother went to Mahila thana where SHO gave a list of items handed over by the girls side to notify what is in her possession. SHO asked to return the items in my mother's possession. We hired a new lawyer and he says that we don't have to return anything because if we return now after FIR with 406 then we will prove ourselves accused. How are we accused when IPC 405 was not followed. No demand notice, no oral or written letter. Please advise.

Advocate Mohit Parihar answered
Kindly Submit the items you have in your possession.section 405 provides definition of "criminal breach of trust" and section 406 provides punishment for criminal breach of trust.therefore, kindly give items you have in your possession to SHO, with receipt by police station.

Q: mein out of state se tlaak lena chahti hu...agr me vaha hariyana gyi

mera nam soniya hai me hariyan ki rehne vaali hu,,meri saadi jbrdsti ki 17 ki umr me uske bad 2 bache huye ab me pati se tlaak chahti hu lekin presaani ye hai mere grvaale agree nhi hai or abhi me rajsthan me hu unhone dhmki di hai ki hariyana me kdm rkhte hi muje mar denge,,me vaha hariyana kisi bhi surt me nhi ja skti kya koi kaanun hai jisse me rajsthan me tlaak le sku

Advocate Mohit Parihar answered
The Hindu Marriage Act 1955This jurisdiction applies to a marriage solemnized under this Act only. Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:The Marriage was solemnized, orThe respondent at the time of the presentation of the petition resides, orThe parties to the marriage last resided together, orIn case wife is the petitioner, where she is residing on the date of presentation of the suit, orThe petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.Respondent living separately within the territory of the ActThe husband can file the petition in any three of the following District Court within the local limits whereThe Marriage was solemnized, orThe Respondent resides, orThe parties last resided together.Respondent living separately outside the territory of the ActThe husband can file the petition before the district court where he resides.all the best!feel free to call on number provided!

Q: i want to live without my parents soo i need a legal notice from court

i want to live without my parents soo i need help from court. I m an major ...m an 19 year old girl.... i have a fear that my parents will come n send me home back but i dont want to go home back i need help from local police n court because i want to live alone n want to live my own life on my basis

Advocate Mohit Parihar answered
Legally you can leave your parent's home anytime you want after you turn 18.Law includes --1. Right to Freedom of Movement Throughout the country.2. Right to life and personal liberty-- here "personal liberty" also includes Right To privacy under Article 21 of the Constitution of India.Your parent's rights over you as guardians ends. You are not treated as a minor anymore so you can leave your house without their consent, earn, vote and even marry( a man above 21.Article 21 states - Right to life and Personal liberty . Although your parents can file a FIR in case you are missing but you can clarify your will to live alone and if your parents are forcing you then you can move to the court or police for infringement of your fundamental right. Article 226 empowers the High court to protect fundamental rights of a citizen and article 32 gives this provision to the Supreme court.All the best.

Q: What is the procedure of Divorce by mutual consent

Sir, Please tell me the way i can get divorce by mutual consent. I and my husband wants to leave this relation.. as we have disputes every day , now even after 6 years of marriage we both dint have understanding towards each other. please show us the right way to get out from this relation.

Advocate Mohit Parihar answered
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.Accept that there can be agreement even in disagreement.Petition for mutual consent divorce can be filed at any of the following place:-Place where marriage had taken placePlace where husband and wife last resided together.Place where wife is residing at the time of filing of the PetitionOnce petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendable unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.This six months period can be waived by concerned family Court upon filing an Application for waiver of six months. Family Court has discretion to waive of the period. Thus, time period of six months can be waived off and may be reduced to as less as 15 days or a month or so.After six months period or after waiver of six months, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.During the period of six months i.e. before moving second motion,both parties have liberty to withdraw their consent for divorce.After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.