Advocate Uday Bedi

Questions Answered by Advocate Uday Bedi

Q: Parents threaten by his elder son

Since past 10yrs elder son is drinking alcohol and now he is alcoholic and creates nuisance at home in frequent basis either shouting on his wife or on his parents. On 8th dec 2021 at night when he came around 1.00 pm he has started banging on door continuously and abusing the family members nobody wants to open the door because all were afraid. They dial 100 and police came then police took action on him but atlast no complaint is lodged against him. He returned at home and now he is threating family members specially to is dad to beat him by calling their gunda type friend. Now dad wants to remove him from his house because he is not human being anymore but he refuses.Please suggest me what kind of action we can take against him to protect family members.

Advocate Uday Bedi answered
If the father is a senior citizen and owns the house, he can approach the senior citizen tribunal to get protection orders. If not, proceed to file FIR against the son for under section 341, 343, 323, 506 against the Son. Police will have to act on it.

Q: Approaching Supreme Court Or high court With Writ Of Mandamus

A complainant filed a criminal complaint with the DCP in the Delhi Police 2 years ago but local police officials put the matter on ice. Can he approach or go for writ of mandamus. He does not want to file 156-3

Advocate Uday Bedi answered
No. There is no way to do this. Filing of 156(3) is the only option available. The supreme court judgments are very clear that a writ petition is not maintainable in such a case. The power of 156(3) has been specifically designated for this purpose.

Q: Consideration of default bail?

What will considered by a magistrate at a hearing of default bail . Date of filling of chargesheet will matter or date of registration of chargesheet will matter . What will matter in grant of a default bail?

Advocate Uday Bedi answered
only thing that is seen is whether the date of filing of chargesheet in court has crossed 60/90 days depending on the offence. if it is not filed in court, the judge will immediately grant bail at that very time. there is no other consideration.

Q: What Are The Sections Attract For Submit False Stridhan Bills In Court

Wife submitting false Stridhan Bills in CAW and Domestic violence complaint/petition, Shopkeeper written statement received through RTI from GST department, May i know What relevant sections attract of said offence.

Advocate Uday Bedi answered
any person who submits false affidavit in court is liable to be proceeded under Section 340 crpc for which a complaint has to be filed by you. this amounts to perjury and there is a designated process for it. the offences involved are from section 193-211 of IPC however you need sanction of court to proceed against your wife. so file an application under section 340 crpc.

Q: Father 63 ( employed ) left uneducated mother who has been housewife

My father ( 63 ) left my mom ( 56 ) ( uneducated , was housewife ) post retirement with all of his assets. He gives my mom very bare minimum while he has asset of around 50 Lacs invested in bonds and deposits. Can my mom claim any alimony ? My father has told that she is only entitled legally for about 25% of his salary i.e pension which is around 8000 Inr per month. All his other asset she doesn't have any claim on.

Advocate Uday Bedi answered
no, your mother has the right to claim alimony once you file a divorce petition.you have the following options-proceeding under Hindu Marriage Act by way of a divorce petition where you will also ask for maintenance for her as an interim protection. proceeding under Section 125 crpc for maintenance where a monthly amount will be fixed. please call/meet for further advice.