Advocate Prabal Jain

Questions Answered by Advocate Prabal Jain (25+ answers)

Q: Regarding IPC 420 case against wife

Hello Sir .. I got married with a girl before one year back.. Initially one month we spent happily. After she started making distance with me. After some time she starting insulting me and was not picking my call also. Her family is also behaving same. They havent told any reson for that. After some time one of her family member told she does not want to stay with you so give her mutual divorce. We asked about her.. That person was not ready to tell her location also. Then we filed case with section 9 . she did not appear in any hearing but she made false complaints against me(498 a ) and filed section 13 (1) Ia. In counsling she forcefully agreed me for mutual divorce and told she does not want any thing(no money) and not filed FIR, but she is still having jewelry of 10 lacs. Between that period we got proof that that is her second marriage that was the hided by her family. i want to ask that whether can we file case under ipc 420 in matrimonial cases after divorce.

Advocate Prabal Jain answered
There are 2 ways to go around this situation1) you should seek compensation from the wife in her divorce case itself on the ground of cheating.2) As per your query, yes you can file complaint under section 420 of IPC, but on condition that the divorce has been granted to you on the ground of cheating committed on her part.

Q: This is on property based question and i need your valuable answer.

I am balram vaishnav 19 years old Actually,my father did marriage without divorced my mother and he did not give any support or any help to us,he dont care about us i have one sister and my mother is the first wife of my father and now my father sell his share property in my grandfather's property so i want to know what can i do to get my share also my mother and my sister also in father's share.please help me and respond.I face a big problem in this time i hope you help me. And i know this is property based question so my religion is hindu.

Advocate Prabal Jain answered
under Hindu law you , your mother and your sister have right in the said property. for claiming the same you can file a suit in the district court seeking a decree.You can also get a decree of injunction from the court to stop your father from disposing off the property.Also, since your father has not divorced your mother she can also file case claiming maintenance from him nder section 125 of Cr.P.C

Q: Bought some goods but supplier delivered other goods now not returning

Hi, I purchased some bulk order goods for resale from one supplier, I explained him about all the requirements instead he delivered some goods which is not as per my requirement but when I asked for replace it supplier denies and asked to reorder and pay one more time again. Is there any legal way about this.

Advocate Prabal Jain answered
Yes there is a legal remedy available. You can file a case for performance of contract (i.e. to provide with the goods as per the terms as decided earlier). First stage would be to send a legal notice.

Q: Consequences for a bike rider if pillion dies in road accident

i am a male behind me was sitting another male and behind her was a female and we were sitting on my bike. we were not wearing helmet. the (police) bus ran into us and due to that the girl lost her life. the bus hit us and ran away .i have given my statement to the police .after that statement the police took me to cctv room to see the bus no. but it didn't show up on camera it was blur.after 1 1/2 years there is a summon for me from the court as witness. i don't know who launched the complain, if the girls parents have launched the complaint against the bus driver or its insurance company or me. what should i do . will someone try to blame me for the incident or put a case that it was my mistake . since i wasn't at mistake i was as corner of road as possible, will they blame me for it. i overtake the bus and was ahead of it then later it gained speed and hit me. hearing is tommorrow morning.

Advocate Prabal Jain answered
As you are saying that the court has summoned you as a witness, in such case there shouldn't be any action being taken against you. You should appear in the court and tell the true incident as it too place.Moreover there is contributory negligence on your part by driving the 2 Wheeler with 3 passengers which is not allowed and thus the court may also take action against you. More details will be required for a detailed legal suggestion.

Q: Is a person accused for rape eligible for government job

i got false accquisition by maid for rape and she filed complained ......police lodged FIR under 376 ....i got anticipatory bail and due to insuffucient evidances i got.. ..reliefe from session court and court gave judgement that i am innocent....but after 5 months she filled a apeal in high court....can i apply for gov job and if i get....will be there any problem.

Advocate Prabal Jain answered
Yes you can apply as well as get a government job, but in case you are held guilty by the high court, you will have to quit the job later.You can always produce the judgment of the sessions court which is in your favor.