Advocate Om Parkash Saini

Questions Answered by Advocate Om Parkash Saini

Q: Legal implications of criminal records in government job

I have been charged under ipc section 68/1/14. And from the magistrate i got bail and future date is given for the case. Kindly suggest me what i should do considering that i am a government job aspirant and i don’t want to spoil record that may effect my record verification in government jobs.

Advocate Om Parkash Saini answered
Sir,This is not a serious case for you and you can free if you have fixed your case in lok Adalat and paid fine. The court wil have fine a little amount for this charge and acquittal this case. Don't worry about it.

Q: Husband remarried without giving divorce

I have been living away from my husband for one year. He has now remarried.But I have no proof(photo and video etc.).He has got registered her as a house servent to take care of his diabetic mother. Both are living with my mother in law in my matrimonial house.I want to file 494 ipc.Can police immediately arrest him? Can he keep a woman as a servent for his ailing mother ? Sir please guide me.

Advocate Om Parkash Saini answered
Mam,First of all you have to search any prrof to prove his second marriage. After that police can arrest him under section 494 ipc. Secondly anybody can keep a woman as a servant for his mother or house keeping.

Q: What can I do if my wife is not ready to come back home?

We have been married for 1 yr and My wife is not coming home for last 6 months. She now wants all her jewellery and items like car back, although i am ready to have her back. Can they claim their items like this? What should i do

Advocate Om Parkash Saini answered
You have to file a case under section 9 of Hindu Marriage Act, so that the court can pass a decree in favor of you . You have to file this case in District court at your address. Don't file any divorce petition in these circumstances.

Q: Is it important to involve parents of spouse in mutual divorce process

Involvement of parents of spouse in mutual divorce proceedings? Is it important to involve them?

Advocate Om Parkash Saini answered
Mutual divorce can be taken by mutual consent of husband and wife. No other parents or person can be involve by mutual consent of divorce. Six month period is required for taking divorce this type of case.

Q: Property given to son by will how can daughter claim

I'm a Hindu girl child n I'm married i have three children We are 2 brothers and 4 sisters my elder sister has expired my mother has self acquired property she executed registered will of her whole property in favour of my younger brother before her death. I have no property either in my name nor in husband name through out India. I'm living at my mother's property along with husband n children since 2000 how i can get benefit in my mother's property?

Advocate Om Parkash Saini answered
your mother was sole owner the property and she was alone able to transfer the property through will or by other and she executed a will in favor of her younger son. And Now the younger son is only owner of the property. NO one has right to take this property