Advocate Mukesh Agarwal

14/10/2025

Case
procedure of taking custody of girl child if the wife remarried and had give birth to a new child from a new husband

Advise
To get custody of a girl child when the mother has remarried, you must file a case in court, presenting evidence to show that the child's welfare, safety, and upbringing are best served by your care. The court will decide based on the child's best interests, not solely on the mother's remarriage. The process involves filing a custody suit, potentially seeking interim custody, and collecting evidence to prove you are the most suitable guardian.

Steps to take

1. File a custody suit:
Initiate a case with the court where the child currently resides. You can seek full or joint custody, or at least visitation rights, through this application.

2. Gather evidence:
Collect evidence to prove you are the best option for the child's welfare. This could include demonstrating your financial stability, ability to provide a safe and secure environment, and capacity for the child's emotional and educational well-being.

3. Prove the child's welfare is at risk: Convince the court that the child is not in a safe environment with the current guardian. This is a critical part of the legal process.

4. Seek interim custody:
If the process is lengthy, you can file for interim custody to get temporary custody while the main case is being heard.

5. Hire a lawyer:
It is highly recommended to have an advocate assist you in navigating the legal system and building your case.

What to consider

Remarriage is not a disqualifier:
A parent's remarriage does not automatically mean they will lose custody, especially if they have been fulfilling their responsibilities, according to G.S. Bagga and Associates. The court's primary focus is the child's best interests, including their physical, mental, and emotional well-being.
The child's wishes: In some cases, the court will take the child's wishes into consideration, depending on their age and maturity.

Court's role:
The court will make a decision based on the child's overall well-being, including their moral upbringing, safety, quality education, and emotional needs.

14/10/2025

Case :
if a lady give birth to a child with some other man after winning domestic Violence case and she is still taking maintenance from the original husband. what remedy do the original husband has against that lady

Advise
The original husband can seek a modification or rescission of the maintenance order by filing an application in court, citing the wife's remarriage and the birth of a child with another man as a change in circumstances.
He should present evidence of this to the court, which has the discretion to vary, modify, or cancel the order if it finds that it is no longer just.

Steps the original husband can take:

1. File an application with the court:
The husband should file an application with the court that issued the original maintenance order
(e.g., a court exercising jurisdiction under the Hindu Marriage Act or the Code of Criminal Procedure).

2. Cite a "change in circumstances":
The application should state that there has been a material change in circumstances, specifically that the wife has had a child with another man, which affects her need for maintenance from the original husband.

3. Provide evidence:
He must provide evidence to the court that the wife has remarried or is living in a relationship with another man. This could include the birth certificate of the child, which lists the biological father, or other proof of cohabitation.

4. Request modification or rescission:
The husband can ask the court to vary, modify, or rescind the maintenance order. The court will consider factors such as the wife's financial status, the husband's ability to pay, and the conduct of the parties before making a decision.

5. Remedy the new child:
Note that the court will likely order the husband to pay maintenance for any children he had with his wife, but it may dismiss the claim for the new child, as the biological father would be liable for the new child's maintenance.

Important considerations:

The court's discretion:
The final decision is at the court's discretion. The court will evaluate all the circumstances, including the conduct of both parties, before deciding whether to modify or rescind the order.

Child support: The husband will continue to be liable for maintenance of any children born to the former marriage.

Legal advice:
It is highly recommended that the husband consult a lawyer specializing in family law to understand the specific laws and procedures in his jurisdiction and to ensure all steps are taken correctly.

12/10/2025

If a wife is taking alimony will the divorce proceedings are going on in the court and the husband found that the wife is living with some other persons house and also had given birth to a child by that some other person whom she loves

Yes, a husband can potentially stop or reduce alimony payments if he can prove the wife is living with another person and has had a child with them, as this is considered a form of adultery or a significant change in circumstances. To do this, the husband needs to provide sufficient evidence to the court to demonstrate that his wife has entered into a new relationship and has a child with another man.
How this affects alimony
Adultery:
In many jurisdictions, adultery can be a reason for the court to deny or terminate alimony. The new child is strong evidence of an adulterous relationship.
Change in circumstances:
The new child and relationship are considered a significant change in circumstances that can be presented to the court to ask for a modification or termination of alimony payments.
Remarriage:
While the situation described is not a legal remarriage, the new relationship and child are similar to a remarriage in that the wife is now being supported by another person.
What the husband needs to do
Gather evidence:
The husband will need to collect proof of the wife's new living situation and the child's existence. This could include photographs, documents, or witness testimonies.
File a motion:
The husband must formally apply to the court to have the alimony order modified or terminated. He should file a motion with the court, presenting the evidence he has gathered.
Consult a lawyer:
It is highly recommended that the husband consult with a lawyer to navigate the legal process and ensure all necessary procedures are followed correctly. Laws vary by location, and a lawyer can provide tailored advice on the best course of action.

12/10/2025

When a court issues a bailable warrant for non-appearance, the process involves the police locating the individual and executing the warrant by having them sign a bail bond, which can often be done at the police station. The individual then pays the bail amount, and the police release them, ensuring they comply with future court dates as stated in the bond. The police officer has the discretion to release the individual on executing a bond without sureties in certain cases.
Steps after a bailable warrant is issued for non-appearance
Ex*****on of the warrant:
A police officer will find the individual and present the bailable warrant.
Presentation of the warrant:
The officer will read the warrant and explain its contents.
Request for bail bond:
The officer will ask the individual to execute a bail bond, which is a promise to appear in court as required.
Sign the bail bond:
The individual signs the bail bond. This can often be done at the police station, as police stations may have a bail schedule with pre-set amounts for various offenses.
Payment of bail amount:
The individual pays the bail amount specified in the bond. The amount is determined by the court or a posted bail schedule for that offense.
Release from custody:
The individual is released from police custody after signing the bond and paying the bail amount. The warrant is then returned to the court.
Important considerations
Bailable vs. non-bailable offenses:
In bailable offenses, bail is a matter of right. In non-bailable cases, bail is granted at the discretion of the court.
Surety:
The bond may require sureties (guarantors) depending on the court's order. If sureties are needed, the court will verify them before releasing the individual.
Immediate release:
For a bailable offense, if arrested without a warrant, the individual has the right to be released on bail by executing a bond at the police station.
Non-compliance:
Failing to appear in court after being released on bail can result in the cancellation of bail and the issuance of a new warrant, potentially an arrest warrant.

07/08/2025

Contact for all matters relating to Civil and Criminal Litigations.

Bouncing of Cheques
Default Payment Recovery
Succession
Divorce
Complaints
Bail matters
Affidavits ...and all other matters

01/08/2025

Introduction to CPC

Complete Code of Civil Procedure, 1908 for all State Judiciary Exams | CPC Lectures by Devashish SirPrepare for your State Judiciary Exams with this comprehe...

30/04/2023

MOTOR ACCIDENT CLAIMS

WHO CAN FILE
In case of death of the victim, his legal heirs i.e. his wife, children or the mother can file the claim petition. In injury case, petition is to be filed by the injured himself.

WHERE TO FILE
Jurisdiction to file the motor accident claim has been liberalised. Now the claim petition can be filed at the place where the claimant lives, where the accident had taken place or where the respondent lives. In Delhi, the claim petitions have to be filed district/police station wise. The petitions of East and North-East District are to be filed at Karkardooma Courts Complex. Petitions of South-West, South and New Delhi District have to be filed at Patiala House. Petitions for Central and North District are filed at Tis Hazari and for West
and North-West are to be filed at Rohini Courts Complex.

FORMAT OF PETITION
The prsecribed format of claim petition is enclosed at the end of the booklet as Annexure ‘K’ (page No.78).

COURT FEE
The petitioner is required to pay fixed court fee of Rs.20/- on each petition.

DOCUMENTS TO BE ATTACHED
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC / Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death case.
4. Consolidated Bill with original bills of expenses incurred on the treatment
alongwith treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10. An affidavit detailing the relationship of the claimants with the deceased.

PROCEDURE
On receipt of petition, notice will be issued to the respondent. If the name of the Insurance Company is not known, the respondent/owners may furnish the said name and thereafter the notice will also be sent to the Insurance company. The respondents may file their replies. Evidence will be recorded.
After hearing the arguments, matter will be decided.

INTERIM AWARD IN DEATH CASES
The cases where death had occurred, a sum of Rs.50,000/- is ordered as interim award without prejudice to the rights and contentions of the parties and trial of the petition will continue. In cases of permanent disability, interim compensation for a sum of Rs.25,000/- may be granted.

FINAL AWARD
After giving chance to the parties to lead evidence, the final award is passed which is executable against all/some of the respondents.

LOK ADALAT
After the filing of pleadings from both sides, any party can file an application to refer the petition to Lok Adalat where the matters are settled amicably and in case,
settlement is not possible, the matters are referred back to the respective Tribunals.
For details please see Chapter No. 17 on page No. 51

30/04/2023

CRIMINAL CASES

JURISDICTION
There are 9 Police Districts and about 125 Police Stations in Delhi. The Metropolitian Magistrates have been assigned jurisdiction as per Police Stations. The Sessions Judges have jurisdiction in respect of entire area of Districts governed from a particular Courts Complex.

LEGAL AID
If an accused (a person who is alleged to have committed a crime) is unable to engage a counsel, he may pray to the concerned Court to give him a lawyer at state expense through Legal Aid. For details see Chapter 17 on page No. 51.

POLICE CASES

When an FIR is registered, copy of the same is sent to the Court for information. As and when the accused is arrested in bailable matters, he can be released on bail by the police officials or he may be produced before the Court from where he may be released on furnishing a bail bond/personal bond. In non-bailable matters, the person arrested by the police is to be
produced before the Magistrate within 24 hours of his arrest and if further custodial interrogation is required, the police official may request for police remand, otherwise, the person is sent to Judicial custody in Jail. He may apply for bail either by moving application himself or through Advocate. The police will file a challan in the Court after completion of the investigation and
trial will start.

COMPLAINT CASES
In minor offences (non-cognizable), police cannot take action on its own and the aggrieved person is required to file a complaint in the Court of concerned
Metropolitian Magistrate. Even in cognizable offences, where police refuses to register an FIR, the victim can approach the court of Metropolitian Magistrate and file a complaint. The court may direct for registration of an FIR or otherwise it will record evidence of the complainant and his witnesses and if it is found that there is some substance in the complaint, the other party will be summoned and heard. A specimen complaint is annexed as Annexure ‘L’.(page No.80) Initial evidence can be filed in the form of an affidavit as
Annexure ‘M’

CASES OF JUVENILES
As per the Juvenile Justice (Care and Protection of Children) Act, 2000 cases of all the offenders, who were/are below 18 years of age on the date of offence, are to be tried by Juvenile Justice Board consisting of three members. The Board holds its hearings at Seva Kutir, Kingsway Camp, Delhi –110 009. Any offender, who is below 18 years of age, may request the
concerned Court to transfer his case to Juvenile Justice Board.

COURT FEE
For filing a criminal complaint, court fee of Rs.1.25 is to be paid. If an accused is in judicial custody, no court fee is to be paid on vakalatnama. If accused is on bail, court fee stamp of Rs.1.25 is to be affixed alongwith Lawyer Welfare Stamp of Rs.5/-.

STAGES OF TRIAL
3. After filing of the challan if accused are not present, they will be called by issuing summons to them and notices to their sureties.
4. Prosecution will supply copies of the challan and it will be checked by accused whether copies are complete.
5. There are certain cases where punishment is more than 3 years, the said case are to be tried by the Court of Sessions and these matters will be committed to the Sessions where trial will take place.
6. In other cases, the trial will begin in the court of Metropolitian Magistrate itself.
7. First of all the charge will be framed i.e. the substance of the offences alleged against the person facing the trial will be put to him and he will be asked whether he admits his guilt or not.
8. If accused admits the guilt, he will be punished accordingly and if he does not accept his guilt, the prosecution will be given a chance to examine the witnesses to prove its case.
9. Once the witnesses have been examined, the entire substance of the evidence will be put to the accused and his replies will be recorded in the statement of the accused.
10. The person facing a trial also has a right to get his own witnesses
examined in the Court to prove his innocence in defence evidence.
11. After completion of the evidence, final arguments will be heard and case will be decided accordingly.
12. In a criminal case, the trial court can either acquit a person facing trial if there is not sufficient evidence against him or he can be convicted. In case a person has been convicted, he will be heard on the quantum of sentence.
13. All convicted below the age of 21 and other convicts where punishment is less than 7 years, are entitled to probation if they are not previous convicts.
14. Sentence can be in the form of Rigorous Imprisonment/Simple Imprisonment and/or Fine. In a case where imprisonment is of less than 3 years, the convict is entiteld to bail for the period which is required to file an appeal in the Superior Court.
15. In Sessions triable cases, some procedure is followed after committal of the case from Metropolitan Magistrate’s Court.

DIET MONEY TO WITNESSES
The witnesses summoned to give evidence on behalf of state are paid necessary travelling expenses to enable them to attend the hearing in Court. In cases witnesses have been summoned by the accused, the expenses are to be borne by him.

APPEALS & REVISIONS
Against all the Judgments of conviction passsed by the Metropolitan Magistrates, appeals lie to the Sessions Court and aginst the judgments passed by the Sessions Court, the appeals lie to the High Court. In case of an acquittal, the State can file an appeal only in the High Court.

Revision
petition against the order affecting material rights of the State/accused can be filed before Session Court in case trial is pending before Metropolitian Magistrate and in trials before Sessions Court, a revision petition can be filed before the Hon’ble High Court.

30/04/2023

LABOUR & INDUSTRIAL DISPUTES

WHERE TO FILE
Most of the labour disputes are referred to the Labour Courts/Industrial
Tribunals through the Department of Labour, Government of NCT of Delhi.
The process for labour dispute starts with filing of a petition before Labour
Conciliation Officer and in case no compromise is possible, the said officer
sends a failure report to the Government. After consideration of the said report, the Government may send a reference to the Labour Court/Industrial Tribunal. In certain matters, the labour dispute can be directly filed in the court concerned. All the Labour Courts/Industrial Tribunals are situated in
Karkardooma Court Complex.

COURT FEE
No Court fee is payable on the petitions filed before Labour Courts and
Industrial Triibunals.

JURISDICTION OF INDUSTRIAL TRIBUNALS & LABOUR COURTS
Matters within the Jurisdiction of Industrial Tribunals
1. Wages, including the period and mode of payment
2. Compensatory and other allowances
3. Hours of work and rest intervals
4. Leave with wages and holidays
5. Bonus, profit sharing, provident fund and gratuity
6. Shift working otherwise than in accordance with standing orders
7. Classification by grades
8. Rules of discipline
9. Rationlisation
10. Retrenchment of workmen and closure of establishment

Matters within the Jurisdiction of Labour Courts
1. The propriety or legality of an order passed by an mployer under
the standing orders
2. The application and interpretation of standing order
3. Discharge or dismissal of workmen including re-instatement of,
or grant of relief to, workmen wrongfully dismissed.
4. Withdrawal of any customary concession or privilege
5. Illegality or otherwise of a strike or lock-out; and
6. All matters other than those being referred to Industrial
Tribunals.

STAGES OF LABOUR CASES
Once a reference has been received or a labour dispute is filed in the Labour
Court, notice is sent to the Management and after filing of the response by them, the matter is fixed for adjudication. Evidence of the parties is recorded and after that arguments are heard. It is pertinent to mention here that advocates cannot appear in Labour Courts/Industrial Tribunals, unless permitted.

AWARDS
After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the said final decision is called an Award. A copy of the award is to be published by the Labour Department as per rules. Copies of the same are also sent to the parties concerned .

EX*****ON OF AWARDS
In case the management does not comply with the terms of the award, the workman may pray for its ex*****on by moving an application before the concerned Concilation Officer.

MEDIATION IN LABOUR DISPUTES
Please refere to Chapter 19 on Page No. 57.

30/04/2023

PROBATE & SUCCESSION CERTIFICATES

WHO CAN APPLY
Legal heirs of the deceased entitled to the property can file for issuance of Letter of Administration/Probate/Succession Certificate.

WHERE TO APPLY
If a person has died and has left immovable or immovable properties, his
legal heirs may apply for grant of probate before Ld. District Judge, if he had left a Will. In case, no Will has been executed during the life time of the person concerned, his legal heirs have to apply for issuance of the Letters of Administration before the Court of Ld. District Judge who may hear it himself or may transfer it to an Addl. District Judge, specifically empowered for this purpose.

In case the deceased has left only movable property, the legal heirs have to apply for issuance of Succession Certificate to claim the said property. The Succession Certificate is to be applied for in the Court of Administrative Civil Judge at Tis Hazari.

HOW TO APPLY
The prescribed petition form Succession Certificate is annexed as Annexure ‘N’ (page No.85).

PROCEDURE FOLLOWED
After the receipt of the petition, notices are issued to the legal heirs and to the
general public. A notice is required to be pubished in the Newspaper to inform the general public. Threafter the evidence is recorded and if there is any objector, he is also allowed to lead evidence and on the basis of evidence on record, the petition is decided.

GRANT OF PROBATE/SUCCESSION CERTIFICATE
After the Court comes to the conclusion that a probate/Succeession Certificate is granted, the same is issued after deposit of necessary court fee.

In case of Probate/Letter of Administration, Court Fee is to be deposited @ 4% of the property which is subject matter of the petition. For issuance of Succession Certificate, Court Fee is to be paid @ 2.5% for the items initially mentioned in the petition and if any additions are made then on the additions, Court Fee is to be paid @ 4% of their value.

30/04/2023

CERTIFIED COPIES

WHO CAN APPLY
In pending cases, only the parties can apply for certified copies of the orders /documents.

HOW TO APPLY
For certified copy, application is to be filed in the prescribed form. There are different forms for applying certified copies. Prescribed forms are enclosed as
Annexure ‘O’ and ‘P’ (page No.86 & 87).

FEE PAYBLE
Ordinary certified copy of fee is to be paid @ Rs.5/- per page apart from court
fee stamp of 40 paise. For urgent copies fee is to be paid @ Rs.10/- per page.
The fee is to be paid in advance and in case of any deficiency, the difference
amount is to be paid at the time of delivery of the copy.

NORMAL TIME TAKEN TO PREPARE A COPY
In case of urgent copy, if the same has been applied before 11’O clock in the
morning, it is generally prepared and supplied on the same day. Other copies are supplied within 4-5 working days.

STATUS OF COPY APPLIED ON INTERNET
Status of certified copy can also be cheked on the internet at [email protected]" rel="ugc" target="_blank">[email protected] by entering the receipt number and location where copy was supplied.

DELIVERY OF CERTIFIED COPY
As and when copies are ready, one can collect the same from the delivery
counter of the respective Copying Agency. If there is any deficiency in the copying fees, the same is to be deposited at the time of delivery.

COPIES OF ORDERS AND JUDGMENTS ON THE INTERNET:
Uncertified copies of order and judgments of Delhi District Courts are available on the internet at [email protected]" rel="ugc" target="_blank">[email protected] and any person can download or print the same while sitting at home.