Advocate Tushar Pahwa

Questions Answered by Advocate Tushar Pahwa (25+ answers)

Q: If general girl married to sc boy can she take SC benefits ?

I belong to sc category and I am going to marry a general category boy. Does my category status change after my marriage? can sc marry general and still take benefits of sc category

Advocate Tushar Pahwa answered
No you cannot take advantage because now you have converted to General category and the facilities available to General category persons now will be available to you. You cannot conceal this fact from any person.

Q: How to cancel fir and it's procedure

If there Is Register FIR Under 156(3) then What Is the fir cancellation procedure, and after cancellation the FIR where the complainent can approach at next leval..Thanks.

Advocate Tushar Pahwa answered

There are two remedies available to you:
First, the police can file a closure report or cancellation report to the court stating that they found no prima facie case after investigation, upon which the complainant can file a protest petition.
Second, you can file a quashing petition under Section 482 Cr.P.C (now section 528 of BNSS) for quashing the FIR.

Q: What to do if the wife refuses to divorce the husband in second motion

my marriage is on 22-02-2016, after 01 month wife left my home without any reason and filled a case against me after 25 days to left my home. after 2 years of court.. we compromise & filled mutual consent divorce u/s 13(b), 1st motion i s complete & if she refuse to sign on 2nd motion. what will i do.

Advocate Tushar Pahwa answered
First thing call her through mediator secondly if you have paid the complete settled amount and if it is mentioned in the compromise deed that if any person back out then the court can grant divorce. If this comdition is not there then it is the discretion of the court to grant divorce or not. There are also some judgments of High court where wife denies second motion then also the court can grant divorce

Q: What to do if the police registers an FIR under section 420 IPC

What should I do police registered a for against me and my wife IPC 406,420 and on my father who was died one year ago.they don't have any legal proof against us however alligation of 55 lac ,kindly let me know what will happen further in this case

Advocate Tushar Pahwa answered
First you apply for anticipatory bail and after getting anticipatory bail then you can approach to the police officials with all the documents to prove that u are innocent. If you do not get anticipatory bail the police will arrest you and keep you in custody.

Q: Legal remedy as police not taking proper action against a rape case

My helper's 5 year old daughter got raped the police just acted like investigating and it's been 4 months and the culprits have not been arrested yet, when ever made call they just say we are working, and they hvnt even given fir copy to the victim's family. What can be done now??

Advocate Tushar Pahwa answered
You can approach the higher officer i.e Supritendent of Police or I.G or you can file spplication on CM Window or you can approach media. It is very serious matter they will definetely take the action.