Advocate Sanjay Mahla

Questions Answered by Advocate Sanjay Mahla

Q: What to do if there are difference with inlaws false allegations on me

Today i received a notice from patiala court and the petitioner is my husband (Rajneesh Sharma). Under section 9 he sent a notice to me and against my family and prior to that i filed a complaint in women cell in which both the parties were called but only my family went and they did not show up. He and his mother tried to malign me and raise a finger at my character which is not true at all. It's been 6 months to me in my parent's house and i came here for brother's wedding and he never visited here to receive me. I have alot to say but i would want to have this discussion over the call. Thanks

Advocate Sanjay Mahla answered
hi.... in the present case u have the option to file a case against your husband and your in laws under domestic violence act as u r staying with yourparents from last six months and apart from that u r also entitled to file a case for the maintaince for u . u have the remedies that the court can give u the relief.

Q: Will a previous case create problem for my future job

Sir I have I case under 147/148/148/308/323 it was a family dispute.will I get a joining in ssc Chsl as I have cleared the exam

Advocate Sanjay Mahla answered
definately yes because at the time of the verification who so ever will come to enquire about your history or the back ground of any criminal records they will come to know that so and so fir is still pending before the concerned court. inorder to get rid out of it u have to go for the quashing of the fir from the high court

Q: What to do when wife files a fake case of domestic violence

1) Wife filed fake dv case and put all family members named in it. 2) Received notice from her lawyer which her lawyer presented to her city magistrate for seeking orders to allow her to take her few personal belongings from my home. Please suggest on these points very deeply if possible. 3) I and no one from my family member interested to go on the date mentioned in the notice. However, we would like to send response on the notice to her that she can take her personal belongings as mentioned in her application if magistrate pass order. Please suggest how can I do as mentioned above. As we have not done anything wrong with her so we don't have any fear. But this kind of false cases create bad image on our social status. 4) Also please let me know how much genuine fee is there to file the response received on notice. 5) as all family members have received the notice and all notice have same content nothing different. In this case single response will work or not.

Advocate Sanjay Mahla answered
sir first of all u do not have to worry about this as this falls in the catagory of civil case secondly if u have recieved the copy of the petition which has been filed in the court u have to file the written statement on behalf of all the respondent.thirdlyif u have recieved any legal notice from a lawyer and not specifically from the court then that notice has got no value in the eyes of law fifthly if u have recieved the court notice then even a single member from your family can appear on behalf of all the members along with your counsel but your counsel should be talented enough to tackle the situationregarding all the belongings every thingh has to be mentioned in your written statement and your counsel has to proove what is true and what is false based on the material placed on record sixthly for saving your reputation in the society u r also entitiled to file a suit for malatitious presecution once u r discharged against your wife seventhly there is no fixed fee for giving the reply of notice or the complaint filed under dv act by your wife before the court the same depends on lawyer to lawyer some one can charge u 2000 or another one can charge u 5000 or else it depends on the quality of the lawyerlastly

Q: Is a marriage under arya samaj valid marriage

I Married to a married lady in Arya samj mandir in 2012 but not lived together not even a single day.Her divorce happened much after my marriage. She married again after my refusal. I also filed case but dismissed after a year due to my incapability of proving her first marriage although I could. Now her present partner is filing divorce against her on the behalf of my marriage. Is my marriage valid or not ? How can they harm me legally. Its the case of 2012. I m also married now. It's been 4 years since my marriage too. Kindly suggest

Advocate Sanjay Mahla answered
yes marriage in arya is a valid marriage since u and your wife did not lived togather that is a tempramental diffrences however your wifeif married again that is not a valid marriage in the eyes of lawand also under hma at that time u should have filed a complaint in the concert ps by showing the certificate issued to u by the arya samaj mandir against your wife but now u also have married which is also not valid now her present husband is also filing a divorce petion on behalf of your marriage simply meet with him and help him by giving the certificate of your marriage inbetween it seems that your first wife was really avery mean and hungry for the money moreover second husband of your first wife is unnecessary harrased he can take legal action against your first wife.

Q: Procedure and requirements to marry under special marriage act

Hello Sir I am an American man and I wish to marry an Indian woman. I am planning to obtain a certificate of conversion to Hinduism. My question is as I am a foreigner I know I must marry under the special marriage act, but can I complete my religious Hindu marriage and then register my marriage under the special marriage act? I want to complete the religious marriage first and the register under the special marriage act. Is that possible, or must i register first and then complete my religious marriage? Thank you for you advice on this matter.

Advocate Sanjay Mahla answered
u only has to convert into th hinduism and there after your will be given a hindu name and you have nothin to do simply perform the marriage under special marriage act. there is no need to perform the religious marriage.