Advocate Shreyas Jain

Questions Answered by Advocate Shreyas Jain

Q: Retrieve streedhan from husband and how to get maintenance from husban

I want divorce under dv case. My husband wants to quash the police complaint which I have lodged in 1 yr back for abusing me mentally n physically. He having He wants to remove his name from police case. N want mutual divorce. But I m not earning. So how can I get maintenance before divorce? N how can get litigation fees from husband n recovery of Streedhan before divorce?what is procedure for recovery of streedhan and to get maintenance under which section

Advocate Shreyas Jain answered
Divorce under DV case is not possible. You can obtain divorce under Hindu Marriage Act (if you are Hindu by religion).You can file an application under section 125 crpc for obtaining maintenance from husband. Alternatively, you can file a DV case against husband and then file application seeking interim maintenance from husband.If you are willing to get mutual divorce, then in the consent terms, you must mention your condition of alimony amount & streedhan & litigation charges, before granting mutual divorce decree.

Q: Issue process order under 202 crpc

Sir, please help me with: 1.Under section 138 Ni act in cheque bounce case, what is procedure for 202 crpc that magistrate should follow? 2. What are the necessary documents that magistrate should examine?3. how we come to know that issue process order under 202 crpc it is legally followed by megistrate?4. Lastly what are the reasons that he should mention in issue process order under 202crpc in cheque bounce case?thanks in advance.

Advocate Shreyas Jain answered
1. Before when the Magistrate takes cognizance of a case, the Magistrate may pass section 202 order to do an inquiry, if he is not satisfied with the complaint.2. In 138 NI Act cases, the necessary documents are dishonored cheque & cheque return memo and the demand notice sent to accused within time limit.3. Judge will pass order in writing for issuing process. You may know the reasons from the order. (Note: Issu process order is under sec 204, whereas postponement of issue process is under sec 202)4. Issue process order should essentially mention that a prima facie case is made out bycomplainant fullfilling requirements u/s. 138 & 142 of NI Act, hence, Issue process order is to be passed.How your query is resolved. You may contact if further legal assistance required.

Q: Question regarding my property

Can i sell my phone after getting it back from police it was seized during investigation

Advocate Shreyas Jain answered
Usually the police will inform you whether they require the mobile phone or not. If they have not informed you about what to do with the phone then you may do whatever you wish to do. However, if you have some proof in your phone regarding your innocence in the case, it is suggested that you keep the phone intact till the trial process is over.

Q: Advice for non bailable warrant for non apperance

Court has issued non bailable warrant against me for not appearing in court time to time in a case which is already disposed of in 2019 and I have bail granted also so what should I do in this case how to cancel nbw

Advocate Shreyas Jain answered
If the case is disposed and you have not been convicted, then the Court must not issue NBW against you. The Final judgment of the court is required to be seen to know why court has issued NBW against you. If you have been convicted by the court, then your bail must have also been cancelled by court in the judgment. You should consult an advocate urgently and follow necessary legal steps to tackle the NBW.

Q: Want To Change The Judge In Bail Application Matter

The accused got the bail two times in rape case.so we filed bail application for the third time.and we got the date also which is 2nd may..but recently I got to know that we can change the judge...so is it possible at this stage ? Can I change the judge and if it is possible what's the procedure for this ?

Advocate Shreyas Jain answered
You cannot change the judge, unless the judge is an interested person in your case. For eg: if judge is related to you, the judge must transfer your bail appln to some other court. You may contact for further clarification in your matter.