Advocate Paras Mahalwal

Questions Answered by Advocate Paras Mahalwal (50+ answers)

Q: I want to bedakhal my son from my life

Kaise bedakhal kar sakte hai apne bete ko kya processor hai

Advocate Paras Mahalwal answered
First, parents usually publish a public notice in one English and one Hindi newspaper declaring that they have severed relations and will not be responsible for the son’s debts or actions.Second, parents may execute a registered declaration deed or affidavit before the Sub-Registrar stating that the son has no concern with their self-acquired property.

Q: Made a mistake to get married, want to annual marriage

Hi, I am 19 year old, I got married 9 months ago when I was 18, my wife was 23, it was an arranged marriage, after that, I took her to other city where I lived, I found out she had a bf for 6 years but her parents forcefully married her off to me, then after sometime, I found her cheating, when told her family about it, they threatening me for 15 lakhs else they will file false cases against me, I talked to a lawyer, they said my marriage will be void as I was underage, what to do.

Advocate Paras Mahalwal answered
Since you were under 21 years of age at the time of marriage, your marriage is voidable under Section 12 of the Hindu Marriage Act, and you can file a petition for annulment before the Family Court. You should immediately collect proof of your age (birth certificate, school records, Aadhaar, etc.) to establish minority at the time of marriage.

Q: Seized gold 24 k of jewelry of 309 grm. Two SCN received

Can i get my gold back without penalty In how many appeal and days

Advocate Paras Mahalwal answered
You can recover your gold without penalty only if the loan is closed within the grace period mentioned in your loan agreement. If the loan is overdue, the lender is legally allowed to charge interest, late fees, and other penalties. There is no fixed number of appeals for this, as it is mainly a contractual matter.

Q: Multiple False DV Complaints In NCW

My ex wife has filed 2 DV complaints in Mar and Oct 2024 and has made different statements for same cause of action .Also she has used 2 different email address for each complaint. While these complaints were pending she filed DV case in court also.She also withdrew DV case in 2022 as I filed a FIR against her for house trespassing and she wanted me to withdraw criminal case against her. I want to know what action I can take against her and will NCW take legal action against her

Advocate Paras Mahalwal answered
NCW does not initiate legal prosecution. At best, they call both parties for inquiry or mediation. Any meaningful action must be taken through the court and police machinery.Given the multiple proceedings and the strategic advantage you currently have, a proper legal approach backed by detailed drafting and a well-planned case strategy will put you in a much stronger position.

Q: Remedy if a magistrate refuses to take cognizance of the chargesheet?

What is the remedy with the prosecution if the magistrate does not take cognizance of the chargesheet citing no case is made out?

Advocate Paras Mahalwal answered
The proper remedy is to challenge the order before the Sessions Court by filing a revision petition under Sections 397/399 CrPC. The revisional court can examine whether the Magistrate has erred in appreciating the material in the chargesheet.