Advocate Rahul Pardeshi

Questions Answered by Advocate Rahul Pardeshi (50+ answers)

Q: Citation not received can I file a caveat?

My brother filed a testamentary petition with will in the Bombay High Court. He served the siblings with a citation. I did not receive the citation as I had moved with no forwarding address. My sister told me about the citation. Can I file a caveat in this case

Advocate Rahul Pardeshi answered
Since the petition is already filed. Based upon the citation received by your sister track on the case details from the website and appear with the aid of the Advocate suo moto. The Advocate will receive the copy of petition and docs filed if any and then with his aid file your reply

Q: How can I get Court order copy for my RCC case file against FIR

How can I get Court order copy for my RCC case file against Criminal case FIR? ecourt side shows "Order not uploaded by concerned court". Kindly advise.

Advocate Rahul Pardeshi answered
If the eCourts website or app shows “Order not uploaded by concerned court” for your RCC (Regular Criminal Case), it means the court has not digitally uploaded the order/judgment copy yet. In such cases, you can still obtain a certified copy of the order by applying to the concerned Court

Q: Annulment application due to Force by both parents

Due to force marriage, if both families applies for annulment, how much time it takes to get court order

Advocate Rahul Pardeshi answered
If both families jointly support an annulment of marriage due to force or lack of valid consent, and both spouses agree, the legal process in India can be relatively faster than a contested case.However, to answer your question other details too are required as to details as per which law, customs your marriage was solemnised, duration of co habitation etc

Q: Want to file divorce against my wife as she has low IQ and not emotion

I am married in the month feb 2024 . Since then slowly i came to know my wife has low IQ of 61 score only. And I want to end this marriage. Because i have tried to solve this issue or connect with her but she is not emotionally connected to me even there is no one word comunication between us daily even we are living together

Advocate Rahul Pardeshi answered
From what you’ve described you’ve discovered that your wife has a low IQ of 61, which indicates a borderline intellectual disability. This significantly affects her cognitive, emotional, and social functioning, and it has impacted your marital relationship, including lack of communication and emotional bonding.Under Indian law, there are valid legal grounds to seek annulment or divorce based on mental incapacity, especially if it affects the very foundation of marriage.

Q: builder not giving possession of flat

my parents had entered done a agreement to sale with a builder for a flat for which they had paid almost 90% of money however the builder did double agreement and gave the possession to a third party. he says he will give us a flat but has been passing the time for last yr plus what is the recourse and how should he move ahead

Advocate Rahul Pardeshi answered
This is a serious case of fraud and breach of contract by the builder, and you have strong legal remedies available under both civil and criminal law.You may a criminal case for fraud or a civil case for specific performance or repayment or RERA Complaint or a complaint before consumer court