Advocate Rajiv Joshi

Questions Answered by Advocate Rajiv Joshi

Q: Can a girl do court marriage without any age proof that she is 18

I am in a relationship since 2 years and my age is 19 years and i am a Hindu and she is 18 years old and she is Muslim but she don't have any age proof to show to the court to get decision in her favour and now her parents are doing there forced marraige without her consent and she wants to marry me and I also bit in this critical situation no one is helping me her marriage was on 6 September and I also discussed my case with a lawyer but he said that your gf don't have any age proof so in that case I can't help you so now what I can do plzz reply me fast days are very short few days are left for her marraige that I have given the date plzz give a solution

Advocate Rajiv Joshi answered
No one can me compelled to marry a person which is not of his/her choice. Any person whose fundamental rights are under threat, can approach the High Court by way of filing a writ petition and it is the duty of the State to protect every citizen.

Q: What to do if the appeal is rejected from the high court

My father has been convicted in CBI Trial Court, for 4 years term. He worked in a PSU Bank, and is convicted for forging loan documents to farmers. Now we need to apply for suspension of sentence in High Court Chandigarh, in order to get him on bail,. Kindly advice on the time taken for the same, and the surety of getting the bail from High Court, as my father was only the signing authority of the branch, and the documents were forged by the clerk and Patwari. Both of them have also been given a term of 4 years by the trial court. Kindly confirm if we can get my father out of jail, and what would be the time frame for the same.. Pls help, as my father is a senior citizen with diabetes problem. He is innocent and has not gotten involved in any such matter. Some of the loan amount has already been returned to the bank by farmers. They were sentenced for 3 years term, but got immediate bail from the trial court. Kindly, also share any other issue we should be aware of.

Advocate Rajiv Joshi answered
File an appeal. Sentence can be suspended depending upon the facts of the case. There is no straightjacket formula. But yes it can be. Time would also depend on the merits of the case. Bail order is subject to surety to the satisfaction of the CJM concerned.

Q: Filing of revision petition against dismissal of complaint u/s 203 IPC

A person in 2009 registered an FIR against me and after few days compromise the matter & registered the sale deed in my favour so police prepared cancellation report but keeps the hold with them. Complainant's son filed private complaint on same matter where his father did not deposed as witness, and the complaint dismissed on 2016 u/s 203. Later on in connivance with police he got reopened the state case and appeared as complainant l/O his late father. He also filed revision petition against dismissal of his private complaint. Now I am facing both case so advice me what should I do, whereas now I am the owner of the disputed property.

Advocate Rajiv Joshi answered
U need to challenge the proceedings before the High Court by way of filing a quashing petition. Before approaching the high court you can also file an application for discharge by bringing the facts to the knowledge of the trial court.

Q: After filing for divorce wants to claim for alimony as well

Can a women get alimony even she filled divorce

Advocate Rajiv Joshi answered
Yes she can. The right to maintenance of the woman, can be sought either under section 18 of the Hindu Adoptions and Maintenance Act or under section 125 Cr.P.C. Even during the pendency of the divorce petition maintenance pendent lite can be granted by court under section 24 of the Hindu Marriage Act(if the parties are Hindu ofcourse). Alimony is the lump sum maintenance amount or the one time settlement which can be arrived at between the parties in case of a compromise. In any case, after the divorce a divorced woman, if getting maintenance from her previous husband by an order of court, would cease to get the same, in case she re-marries.

Q: What to do when amount is debited from account with notice?

I had earned an amount as a reward from the google app TEZ which was credited to my bank account. Later on it was debited without my knowledge or authorization. When talked to the customer service, they said that google can debit the money, it is in the policy. But they are not showing the policy, else it has been illegally done. Kindly help as i am unable to understand the terms of policy.

Advocate Rajiv Joshi answered
It appears that you are claiming deficiency in service by google as you have been deprived of some prize money without any sufficient cause and the policy under which it has been done is not being shown to you. You can issue notice under the Consumer Protection Act to the Chairperson/ authorised person of Google India and then file a consumer complaint under the Consumer Act. But you will first have to satisfy that you fall within the definition of the word "consumer" as defined in consumer Protection Act. Your query is a little insufficient to deduce this inference.