Advocate Sidhanth Kaul

Questions Answered by Advocate Sidhanth Kaul (25+ answers)

Q: can i get in trouble for using step father's name in legal documents?

My mother married my step father 25 years ago at that time he didn't legally adopted me but my step dad has stepped in as father ever since all my documents have his name as my father after he passed away hjs family is threatening to sue me for using his name in my legal documents as they are after his property and they threaten me to that they will kick me out of the house. Is it possible that that I can get arrested for using his name as my father and can his family kick me out of the house?

Advocate Sidhanth Kaul answered
no you cannot be arrested for using his name in the legal documents. It is so because your legal documents would have been made by your parents while you were a minor so they entered the details regarding you of their own will which shows that your step father considered you as his son. whereas the issue of his house goes if he had made you a party of his final will, no one can force you out of the house

Q: Second marriage without divorce and cheating done by wife,............

I married 5 years ago I was 31 and she17.5 yrs with all rituals. I have proof of marriage along with passport. From 5 years we are together. On 27th June when went to office and never returned, I found she married on 24th June already in Arya samaj where she showed unmarried and also marriage registration certificate where she show unmarried.

Advocate Sidhanth Kaul answered
First of all we would need to know about the proof of marriage and the details of your marriage. If the details are correct and verified, then the second marriage of the wife will be a voidable marriage. you can file for divorce or a case of restitution of conjugal rights so that your wife can home. As per your wish

Q: FIR quashing u/s 323 , 34 , 406 , 506 , 498A

Want to know the charges of fir quashing in Punjab and Haryana High court of FIR u/s 323 , 34 , 406 , 506 , 498A .We have all the required evidence cctv footage , video proof , call recording and whatsapp chat

Advocate Sidhanth Kaul answered
Charges for filling a quashing petition in the High Court are subject to individual lawyers. They charge according to the case file and complication arising in the case. Since the cases filed in High Court are very complicated and some times the case does not even get called because of the higher case load of the judge

Q: How to produce new witness or evidence after respondent's witness

During trial, I produced the documents to prove that the respondent is not medically fit with me as well as my relatives also informed the same to court. Then the respondent witnessing happened. After that the respondent's lawyer, when could not find any way, simply objected in their written statement that the documents, I have produced are fake. What can I do now ?Can I produce new evidence or witness (e.g. the doctor) in court after this ? IS there any special provision for this ?

Advocate Sidhanth Kaul answered
An application under Section 151 of CPC can reopen the evidence and provide the party to produce new evidence in the court. You can ask your counsel to file such an application where they can argue that the opposite counsel in their WS have objected to the documents so the court can give an opportunity to produce new evidences

Q: If A Guy Got Consent For Sexual Relationship On Name Of Love

If a guy got consent for Sexual Relationship on the Name of Love Only or By showing Fake love Only but Without any Promise of Marriage and after sometime broke up all the ties. Is it still comes under Misconception of Fact or Not ??

Advocate Sidhanth Kaul answered
In such a case it is very hard to prove that there was a promise of marriage or not. If the female states that the male had made a promise of marriage, then the burden of proof falls on the male to prove that he has not made such a promise. it can be done so by providing evidence such as testimonials from friends and family or WhatsApp chats of the concerned parties