Advocate Mukul Girdhar

Questions Answered by Advocate Mukul Girdhar

Q: 498a case how to withdraw case with out of court settlement

my case 498a is at rohini court and my husband has filed divorse case. i would like to withdraw my casw with out of court settlement way. please suggest if that is possible without have out of court settlement document. or what are the documents required to close

Advocate Mukul Girdhar answered
If 498A has been registered and proceedings have been started, then it would be quashed by the High Court only and there is no way to withdraw the 498-A case out of the case. To have complete understanding, you may contact me or any lawyer to give you best option as per your facts and circumstances of your case.

Q: Grounds available for divorce - desertion

It's been one year I and my wife living separately. Total 14 month of marriage. What's the ground available for divorce without mutual consent?I was asked to file desertion but I read and found that 2 years of separation is mandatory but my lawyer is saying that it has changed and can file after 1 year of separation living as well

Advocate Mukul Girdhar answered
Yes you can file divorce after one year of marriage anytime. For seeking the mutual Divorce you have to first get a MOU prepared with all the terms and conditions. After that if both the parties you and your wife signed the same, Motion-1 can be filled in the court for Divorce. To have complete understanding, you may contact me or any lawyer to give you best option as per your facts and circumstances of your case.

Q: Wife asking for maintenance ₹100000 per month under sec125

Hindu religion. my second marriage, i got mutual consent divorce in first marriage as the first wife stayed for only two months and she wanted to part ways. I got second marriage in mandir, no demands of any kind, the second wife gives whole salary to her parents. With small talks, get angry and says will leave me and go back with no reason. Many times booked cab at midnight . her parents are out of delhi. She went to parents in aug, after 20 days i went to take her back. She poured hot tea on herself and suffered burns in her parents house before i reached to take her back. I took her back nd took good care of her, but her nature of fighting on small issues did not stop. Again in nov, her parents came and took her, no fight at that time. The parents just said we want to spend some time with the girl. After that her parents never called me or my parents. My father got a stroke and was hospitalised in icu for 15 days. That added to a lot of financial expenditure. she wants maintenance

Advocate Mukul Girdhar answered
You have two options;1. File Divorce on the ground of Cruelty, if you have completed 1 year in this marriage. Or2. File a Petition for seeking restitution of conjugal rights.To have complete understanding, you may contact me or any lawyer to give you best option as per your facts and circumstances of your case.

Q: Whats the cost and procedure to make legal heir certificate

Cost and procedure to obtain a legal heir certificate

Advocate Mukul Girdhar answered
You can file the application for Surviving Member Certificate in your SDM office along with all the necessary documents like Affidavits of all the Surviving Members, ID proofs of all the Surviving Members, Death Certificate of the head of the family, Self Declaration of the Applicant along with his photos and ID proofs.. If you need any support, you may contact me

Q: admissibility of mobile conversation in court of law

wife of my son was kept in captivity and was not allowed to go to sasural by her father to launch lucrative "D/V business". [PCR Report is available when she complained to Police]. Thereafter she was bundled into an asylum for 24 days (Report available). After coming from asylum she called my son and narrated the precarious conditions in her house. The question how the said recorded conversation can be made admissible in court. I made transcript printout. Please guide next step to be taken. Thank you for a considered opinion.

Advocate Mukul Girdhar answered
If you have the transcripts along with you, then you may create a CD/DVD of that recorded conversation and submit it as Digital Evidence along with the transcript and 65B Certificate. Moreover, it is advisable to keep the back up or copy of the digital evidence.