Advocate Mukul Saun

Questions Answered by Advocate Mukul Saun

Q: if husband and wife not living together for 3 years, Is divorce possible?

One of my cousin marriage to a boy what they do not live together after the mutual understandings of our families to marry after some time according to rituals But boys family still demand for more time to marry his elder brother Is their any possibility of nullifying the marriage on this basis that they do not live together for 3 years or on this ground is it possible to filled for divorce from boys side more time will be given to them or not ,can we get automatic divorce after long separation ?

Advocate Mukul Saun answered
Yes you can file divorce petition in the court together for three years on mutual basis or separately on the basis that they are not living together for three years.But there is no possibility of nullifying the marriage on the above basis.

Q: How to deal with a false FIR

Sir, A false FIR was registered against my brother by the father of a minor girl under Sec.363, 366, 376 IPC for association in the crime. the girl had fled away with a boy. Now girl and boy has been captured by the police and girl has given statement U/s 164 of CrPC before Magistrate that she loves the boy and was gone with that boy with her own will and denied the association of my brother in any matter. Now we are planning to lodge a complaint for false FIR as it has infringe our reputation and metal disturbance until the girl gave her statement before Magistrate. Plz. suggest the remedies

Advocate Mukul Saun answered
DEAR SIR, YOU CAN FILE A DEFAMATION SUITE AGAINST THAT PERSON WHO LODGED FIR AGAINST YOUR BROTHER UNDER SEC 499 INDIAN PENAL CODE.YOU CAN ALSO FILE THE DEFAMATION SUITE UNDER CIVIL PROCEDURE CODE AND ALSO ASKED FOR MONEY AS A COMPENSATION TO YOU FOR THE DAMAGE OF YOUR REPUTATION IN THE SOCIETY.

Q: In laws torture my daughter what are the rights of my daughter

My daughter is being tortured by her husband. He and his whole family abuses her and she is with us from past 8 months. what case can we slap on them given that we are suffering a lot. i want to destroy them as they have ruined my daughters life.

Advocate Mukul Saun answered
DEAR SIR ITS SO SORRY TO HEAR THAT INLAWS OF YOUR DAUGHTER HAD MADE CURELTY WITH HER. YOU CAN FILE A CASE OF DEMAND OF DOWERY WITH MENTAL & PHYSICAL TORTURE CASE AGAINST THEM AND ALSO FILE A CASE UNDER SEC.12 OF PROTECTION OF WOMENS FROM DOMESTIC VOILENCE ACT AND ALSO FILE A CASE UNDER SEC.125 Cr.P.C. FOR MENTINANCE AND A CASE OF SEC. 406 I.P.C. FOR CRIMINAL BREECH OF TRUST. THESE FOUR KIND OF CASE YOU FILE AGAINST THEM FOR THEIR WRONG DONE.

Q: After habeus corpus writt can i file HMA9

After habeas corpus writt can i file HMA9

Advocate Mukul Saun answered
My dear you had not stated that in which matter you have been arrested by the police illegally for which you filed a habeous corpous writt in high court or supreme court .But if you want your wife back in your home than you are free to file an application under section 9 hindu marriage act. for the restitution of conjugal rights.

Q: After decree of divorce if any party found its a mistake what to do

After decree of divorce if any party found its a mistake can it be revoked within 1 month ?

Advocate Mukul Saun answered
my dear if the divorce decree is passed in a mutal petition of divorce than there is no remedy but if the decree is against the party in a contested case than he can file appeal against the said order and decree and if the decree is passed as ex partee decree than the aggrevied party can file restoration applition for set aside that order and decree.