Advocate Puneet Srivastava

Questions Answered by Advocate Puneet Srivastava (700+ answers)

Q: after mutual agreement Which statement girl should give to close 498a

We have made a mutual agreement, and the first motion has been completed now to close the 498a case i need to give the statement , other party advocate is saying no need to go to high court we can close in mm court , in 498a charges has been framed on husband and matter is at my evidence. what statement shall i give to close the 498a case

Advocate Puneet Srivastava answered
FIR u/s 498A can't be quashed by the magistrate. There is no provision that your 498A FIR can get quashed by the magistrate. You must approach the Hon'ble High Court for that. I am afraid the lawyer has misguided you, if he is saying that.

Q: Question related to court marriage registration

My partner and I want to get married next year. We are both Hindus but would prefer to marry under Special Marriage Act, but cannot have a notice put out/sent to our families. If this isn't possible, we would be down to marry under Hindu Marriage Act, but is there a need to conduct a wedding ceremony or Arya Samaj or can the registration of marriage be done in the court only?

Advocate Puneet Srivastava answered
First of all, it's not a prerogative for a person to marry under hindu marriage act/ special marriage act as per his/ her choice. Your marriage pertains specifically under hindu marriage act. As far as the notice to your family is concerned, if the marriage is solemnised out of court in any marriage institution like the arya samaj mandir, it doesn't require any sort of notice to be sent to your families for the marriage to be registered. It is only required for the solemnisation of marriage before the registrar of marriage. In short, get your marriage solemnised in arya samaj and get it registered within a span of 2-3 days before registrar of marriage.

Q: Proof of service /report of service

How can we know before next date that court staff have gone to parties to deliver notices as in previous date due to court staff carelessness notices was not traceable. As per nazir he said to see that report from ahlmad ..but ahlmad is saying it's confidential report will be filed in file 1_2 days before next date we can't show you will got to know this on next date.. but we want to know now becoz court will give NXT date just to issue notices due to court staff carelessness.

Advocate Puneet Srivastava answered
You can check it yourself from the e-court application if any process has been issued after the last date of hearing alternatively you may file an inspection of the judicial file and the ahlmad's register to ensure if the notice has been issued or not.

Q: Written statement filing after several years

In a suit for permanent injunction in a property dispute, two defendants filed their Written Statements and other defendants adopted the Written Statement of the first defendant by filing an ADOPTION MEMO through their counsel. The trial did not start. After 12 years, the other defendants want to withdraw or cancel their ADOPTION MEMO and file their own Written Statement now. Is it allowed? Is it necessary to file an IA seeking permission to file the Written Statement now?

Advocate Puneet Srivastava answered
Absolutely not. The law is very clear on this point. As per Order VIII Rule 1 CPC, once the notice is served upon the defendants their clock of limitation period to file their WS starts ticking, which can be extended upto 120 days max, after that their right to file WS is forfeited. Moreover, Order VIII Rule 10 provides for passing of decree against the defendants if they have failed to file their WS. Reference can also be drawn from Sec. 9 of limitation act which says that once the time starts it can't be stopped either by filing an application or by filing a suit, so the IA can't be allowed by the court if you are persistent upon your arguments. Instruct your lawyer to draft a good reply to their application and argue by mentioning Hon'ble Supreme Court judgements.

Q: “Government Job Police Verification: Hidden FIR milne par kya hoga?”

Mere ko ek chij confirm karni hai pls help me agar koi bhi government exam clear karne ke baad jo police verification hota hai usme agar koi aise FIR nikalti hai jiske baare me tumhe pta nhi hai tum anjaan ho toh aise me kya job chali jaati hai kya?? 2) agar koi FIR karta hai chahe minor case kyu na ho toh hume police inform karti hai ya nhi ?? I am preparing for ssc CGL pls help me it helps a lot

Advocate Puneet Srivastava answered
Sir, it's better to clear off your name from the FIR by adhering to the legal process. It may be a hectic one, but if you manage to get a clean chit, you can give your exam tension free, subject to the notification published for the exam you want to give. If it is mandatory to declare any past litigation, then you have to declare it. If it requires to declare any conviction and you get a clean chit, you probably don't have to mention it at all. It's better to discuss your case at length.