Advocate Nidhi Dalal

Questions Answered by Advocate Nidhi Dalal

Q: Does hindu succession amendment 2015 apply to decree passed in 2003

does hindu succession amendment 2015 apply to pending suits if preliminary decree passed in 2003?

Advocate Nidhi Dalal answered
Once a decree has been passed it cannot be challenged on the ground that law has been changed subsequently. Decree means that the order of the court is final on the aspects decided by the decree. No remedy is there.

Q: Does prospective law apply to pending suit

does prospective law apply to pending suit?

Advocate Nidhi Dalal answered
If the suit is pending on the date of law coming into force it can be applied . If the suit has been decided prior to amendment than amendment or change in law cannot be cited. It is as per the facts of the case.

Q: After forceful marriage I left my husband can family file complaint

main 26 yrs ki hindu married hoon.meri shaadi zabardasti krwi gyi thi .meri shaadi ko 2 month huya hai aur main apne husband ko chod kr apne bf ke pass aa gyi hoon apne husband ko main letter chhod kr aayi hui .ab agar mera husband police complain krta hai to kya hoga.agar main police ke pass boli ki main apni marzi se apne bf ke pass aayi hoon to kya police mere bf pr action legi ya nhi .main kisi bhi surat me apne husband ke pass nhi jaana chahti hoon aur apne bf ke saath hi rhna chahti hoon.divorce to 1 yrs ke baad hi file kiya jaa sakta hain.ab aap sb mere problem se baahar nikale.meri zabardasti shaadi hua is karan se mujhe apne family pr case bhi krna hoga kya .mujhe suggest kre.pls in detail whose clearfy me.

Advocate Nidhi Dalal answered
You will have to file for divorce. Your plea can be allowed as per section 14 of Hindu marriage act,1955. But you will have to prove Exceptional Hardship on your part due to marriage. If you prove it you will be granted divorce no need to wait for one year.

Q: Can writ of 226 & 227 be filed at HC that has territorial jurisdiction

I have been implicated in false and fabricated 498A case the FIR has false and fabricated incidents that allegedly occurred at my hometown(A) and my wife native place(B) .The FIR was registered in B where she resides. A charge sheet has been now presented with no substantive findings at local court in B. 1. Now what remedy is better to file a petition under section 482 in HC or file a writ under section 226 and 227 read with sec 482 saying that my fundamentals rights were breached and wrong has ensued on me on account of such false charges. In which of these either quashing is possible by HC 2. Can a writ of 226 and 227 be filed at HC that has territorial jurisdiction over A

Advocate Nidhi Dalal answered
Writ cannot be filed at place A. You should go for 482 crpc at place B high court for quashing of the case. In the above-said matter you will have to show that the said case is nothing but abuse of process of law as the allegations are false and baseless.