Advocate Naeemhusain F. Shaikh

Questions Answered by Advocate Naeemhusain F. Shaikh

Q: Parents of bride retained ID proof

Sir, I am Nikhil 27 year old, and my Girlfriend 21 year oldWe are in relationship for 5 yearsNot we decided to marry with each otherBut our couple photos were caught in her phone by her father, and he immediately retained the document of girlGirl is ready to marryWhat should we do now?

Advocate Naeemhusain F. Shaikh answered
you can file search warrant application under section 73 of criminal procedure codewhere the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, It may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

Q: Divorce matrimonial issue section 498

I stay with husband only 4 month & then I left matrimonial home, after one year husband filed section 13 case for divorce. So I filed complaint in mahila aayog ,but in mahila aayog case closed. Now I filed 498 case, so my husband given affidavit with letter claiming that salary slip which I submitted is fake salary slip. What should I do now ? Because salary slip I attached is fake salary slip. Also what if it is proved 498 is false 498 then?Is there any possibility to get me penalty?

Advocate Naeemhusain F. Shaikh answered
you can file case under section 420, 406 of Indian penal code and also file court complain against your husband Section 406 of the IPC describes the punishment for criminal breach of trust.Section 420 in The Indian Penal Code420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine

Q: Wife not ready to live together and threatening with suicide to frame

I got married in Dec 2021, my wife just stayed with me for 10 days and returned to her home, citing the reason that out house is too small whereas we have a two storied house with multiple roomsWe tried multiple times to make her understand but she didnt agrees, she constantly threatens me with that she will commit suicide and will frame all my family members if I didnt moved her to another cityI am the only son of my parents and they both are old and with multiple complications, kindly advise.

Advocate Naeemhusain F. Shaikh answered
you can file FIRyou can file divorce petition base on above groundSection 294 of IPCThe offender would be booked under section 294 of the Indian Penal Code and would be liable for an imprisonment up to three years or with a fine or both.

Q: property transferred to kids by mother wants back to be shared equally

How to revoke the release deed done in the name of sons where all the parties willing to revoke the same and share equally amongst all brothers and sisters.

Advocate Naeemhusain F. Shaikh answered
you have to file civil suitA partition suit is a proceeding instituted by either of the parties when a property dispute arises in the family. Partition Deed is an official document, created either by order of the court or through negotiation between the parties. Basically, it represents the portion of the property claimed by each of the party.

Q: Want To Court Marriage His Child Mother

My friend marriage date 13.3.2013 after 1 year both leaving separate and filled many cases eachother, domestic voilanc, Divorce,498 ,etc. Divorce case filed my friend but district court denied Divorce, my friend filed apple in high court and got Divorce in medatian centre mutually with some Amt. Dated sept 2022 but my friend since 2016 leaving with one girl with family permission and have a 5 year child than how can make legally his child on documents and my friend in govt service how can make dependent his child and child mother in his service so got all services benefits, now my friend wants to marriage with his child mother please suggest me how can make both documentry legally and dependent in his Govt service

Advocate Naeemhusain F. Shaikh answered
you can marriage and child adoption processAdoption means a legal process that allows someone to become the parent of a child, even though the parent and child are not related by blood. But in every other way, adoptive parents are the child's parents