Advocate Navneet Jindal

Questions Answered by Advocate Navneet Jindal

Q: Can Ipc 379 be applicable on phone snatching case or not

During an altercation one of the three accused snatched my mobile phone and ran away from my cabin. He dismantled my cellphone and threw the sims , battery and instrument on road. His motive was to restrain me from calling police. Later on some of my neighbours who saw him doing so, collected parts of my cellphone and handed over to me. My question is that if 379 ipc is applicable in this case or not. If yes then on what basis?

Advocate Navneet Jindal answered
Sir according to me the motive of this forum is not to solve academic problems but to guide genuine queries. It does not matter whether 379 is applicable or not. What matters is offence has been committed by this series of actions.

Q: Legality of marriage in Arya samaj

I want to get married secretly in Arya samaj without witness. I wants to keep it secret for some months . Is it possible. If yes then what should I do ?

Advocate Navneet Jindal answered
Hi, the Hindu Marriage is governed by provisions of Hindu Maggiage Act. It says marriagebof Hindu Major if they fulfil conditions of valid marriage and had taken Saptpati can solemnizes marriage. So there is no need for witness even. But witnesses are required to prove marriage in case of disputes.

Q: Remedies against frivolous complaints

I have been harassed by being a subject of series of multiple false police complaints by a person since last 4-5 years in the same matter. Although all the complaints were filed and his complaints were found by police as of civil nature as the complainant has never presented any actual proof or evidence and has propagated his false complaintsby local political pressure. Although a FIR was never registered but i had to present myself in police stations several times and undergo unnecessary harassment at different times. the complaint was filled by police at least 8-9 times including a SIT investigation and a inquiry by IG Police. He has alleged, that i used details of his firm to manufacture a product under his name which is not true, there is only speculative theory to support his argument and he uses this plea to call for sec 420. Is there a way the police can be forced by court to open sec 182 for him or sec 156(3) ? is there any legal means i can fight him?

Advocate Navneet Jindal answered
Sir/Madam, There are several ways to implicate the false complainant including the cases of defamation. But the nature and character of allegations will decide. The facts mentioned above are not much to guide you. It is advisable to consult local lawyer. If the substance in the application has some merits even though police say it qualifies for civil dispute only, then also the person has right to file complaint.

Q: what is the share of a disowned Son in the family property

My mother disowned my younger brother and he no longer live with us. He also signed a statement that he doesn't want anything from the property or his wife & kids. His wife and kids are still living with us. What are their legal rights to get support (financial & living) from us?. What are their legal rights to the share in the property?. The property belonged to my father and he expired 5 years back. Please guide.

Advocate Navneet Jindal answered
Sir this is not a simple query to be answered on such portals. The advice is to be given after considering all the factors. I would suggest to consult local lawyer at you end. Such disputes will never have one answer and needs detailed deliberation including dates and then an advice can follow. Thus the proper course will be to consult local lawyer.

Q: Can i marry with my mothers sister daughter

First of all I want to clear. I'm adopted child for my parent. So can I marry with my mother's sisters daughter legally.

Advocate Navneet Jindal answered
Sir, If you are governed by Hindu Laws of India, then you cannot as adoption bring you into the realm of coparcener for all purposes. By adoption you severe your ties with your natural parents and enters line of descent of your adoptive parents. Thus according to me you will fall within spinda relationships and the marriage so solemnized will be void marriage.