Advocate Mrinal Pillai

Questions Answered by Advocate Mrinal Pillai

Q: Want to know the process and duration of criminal case

I have filed a criminal case IPC 420, 406, 419, 34, 120(b),506 against my NRI PIO UK husband and inlaws, but haven't received any file number or hearing date till now. Do I have to wait for message from thane court or need to do something else. Also please tell me in brief about the steps in criminal case and duration.

Advocate Mrinal Pillai answered
The case u have filed is a private case I presume Ur case contains offences which are punishable with imprisonment of more than 2 years, that makes it warrant triable. Ur case would be named as case number/SW/year. Since it's a private case your advocate needs to take proper steps at each and every stage of the case Such as production under section 91 crpcAnd file documents as per high court criminal manual chapter vi para 32, section 294 CrpcAnd various other things As courts go nowadays they always give state cases priority over private cases.And because of that, time cannot be said or guaranteed.Take care have a good day

Q: Limitation, jurisdiction, Res-Judicata problem for new divorce case?

FILED DIVORCE PETITION IN 1992 AFTER THAT WIFE HAS MADE 498a CRIMINAL CASE IN 1992 Due to criminal case of wife on me my relatives i could not negotiate properly and same has got dismissed in 2000, but i have not appealed this dismissal due to to disturbance of 498a The ground for divorce case was crueality under sexual dissatisfaction and partial impotency. There was no reference of 498a in that DP. There after 498a was decided in 2007 and we got acquitted in 498aq. With courts observation the 498a was concocted. Now in 2014 , Filled Divorce Petitions underground of cruelty of false and fabricate3d criminal case 498a QUESTION: 1) will this DP will have the time limitation problem of 2007 to 2014 & will make any impact on case? If yes then what is solutions for this? 2) The both grounds of cruelty will cause any limitation, jurisdiction, Res¬Judicata problem for new divorce petition?

Advocate Mrinal Pillai answered
Res judicata is only in a case where the subject matter has already been decided rather to be specific it has already been adjudicated.You have been acquitted in 498A case And even today u belong to a legal matrimony. Considering that u r still a husband and she is still Ur wife. U can file for divorce and no need to worry, but I hope u have a case on merits also.Have a good day

Q: Rights of Daughters on Father's property under Christian Law

My late father owned a rented appartment in Mumbai , now the building is going for re-development. We are from Kerala Christian community. We are 4 girls and 1 son we are all married . My brother his wife and son lives in my fathers appartment in Mumbai. The house is still in my fathers name , he died 17 years back, and my brother died 10 years after. Now since the appartment is being redeveloped what is the claim on my fathers appartment , do the daughters have a claim on this appartment. My brothers wife is all out to transfer the flat into her name, is this possible. 

Advocate Mrinal Pillai answered
Every child has an equal share as per law,your brothers wife is entitled to the claim which your brother was entitled to, only that part. And she is entitled because she is known as a dependant and so is your widowed mother. Don't worry about it, legally all the children have a equal right unless it is expressly mentioned in the will of your father otherwise.Good luck Take care

Q: Regarding anticipatory bail

This is regards to my mother who is 70 years old and has recently been operated and can't walk. She has filed for anticipatory bail in the high court. In case if she gets the Anticipatory Bail does she still need to present herself to the police station (Religion-Hindu)

Advocate Mrinal Pillai answered
1. That depends whats the offence is, 2. If you get anticipatory bail then it is also important to look into the conditions. If your lawyer focuses on the age and ailing line of argument, I think its a piece of cake and no conditions will be imposed. But still one needs to know what are the offences against her an what specific allegations are there against her. And generally these days its a 498A against people who are so aged. Dont worry take care all the best

Q: Legal actions a son in law can take against father in law

Son in law want to file a case against father in law after knowing about his FIL has two marriages. His wife and all in laws hidden this facts from him.Marriage is inter caste both husband and wife are Hindu. Even caste mentioned by them was a lie. As per hindu marriage act one man cant marry two women. But here i think both wives accepted each other. So my question is 1. Will son in law can file case against father in law and which IPC sections are applicable? 2. Can son in law apply for nullity of marriage instead of divorce ? 

Advocate Mrinal Pillai answered
If the father in law has two wives, and not one of them is aggreieved by that fact then why do you want to disrupt that. Secondly If certain things were hidden from you related to your spouse then you go for divorce. Ground for nullity would b extremely important for example has your wife has married twice, or the age of marriage was not proper etc. And considering the situation, it appears that things were hidden from you which can be a ground for cruelty at the most but not for nullity. However you are talking about entitlement of son in law filing for bigamy against the father in law. There is no provision which says that only the spouse can file a complaint. So that means you can, but I need not elaborate the rate of success in your case. And u also need to go through section 182(2) of Cr. P. C very carefully because after combining both it appears to be a grey area for the judge for which your advocate will have to persuade him/her. Take care