Advocate Sahil B Trivedi

Questions Answered by Advocate Sahil B Trivedi

Q: How to quash false Domestic Violence case

how to get stay for the domestic violence case running in trial court and how to appeal in high court under section 482 to quash false domestic violence case. I am Hindu.

Advocate Sahil B Trivedi answered
An arbitrary process which can be proved to be an abuse of the process of law can be quashed and set aside by the high court. The lawyer shall be required to examine the facts and averments taken on record by the lower court in the DV complaint and then go ahead with the same. Contact me for further details

Q: Got divorce by mutual consent on stamp paper want to get court decree

My daughter marriage arranged in Dec 2016.her divorce taken on 100 rupees stamp paper by mutual understanding.it is necessary or not to take court decree before remarriage.for court decree when we can apply.how many times we have to appear in court.we are jain religion

Advocate Sahil B Trivedi answered
Divorce on stamp paper will have no legal validity and could create hinderance for your daughter in the future. Thus a court decree under mutuality clause can be sought for. You would have to approach the court for the same. You may contact me for the same

Q: Procedure for divorce and child custody in case wife mentally instable

Dear Sir Below points narrate my situation/queries: 13 years plus for marriage 11 year son Wife has mental instability and unfit to take care consistently of family Left wife at her parents home Son with me abroad and not willing to meet his mother In-laws/wife not ready to separate and have filed police complaint that my parents have taken away son with them in laws not ready to accept their daughter's negative points (as always it is) I need divorce as there is no future with my wife for me and son. I am not sure if it is safe to come to india with my son. Advise me how to protect my son;s custoday with me and get divorce and how easy/tough it is to get divorce?

Advocate Sahil B Trivedi answered
You’ll have to file for divorce in the concerned family court under the grounds of mental instability. Considering your wife’s condition, the custody of the child will behest upon you and also you are the legal natural guardian. Contact me for legal representation

Q: FIR against the same person for committing the same crime again

What is the consequences of filing fir against same person for committing the same crime. Please elaborate the provisions of IPC.

Advocate Sahil B Trivedi answered
This amounts to double jeapordy which is barred under the constitution of India. If an arrest is already made, bail can be sought on these grounds. If no arrest is made, this is an apt case for quashing of FIR. You may approach my office for the same me

Q: Fake cheque bounce case against my mother how to proceed with it

A blank signed cheque of my mother stolen when my dad was alive..after 2 year of his death one of his client who invested in dad s business amount rs 40lac approx get my mother cheque by someone we did not do any complaint of stealing due to shock of my dad s death now he do 138 case of 5.25 core on my mom after 2yr on evidence of blank cheque of my mom s a/c and his transection with dad by saying my mom give him cheque after 2yr coz he lost money on dad s business..should I worry?help plz..

Advocate Sahil B Trivedi answered
You would have been served with a statutory legal notice by the complainant. It is advisable that you send a counter reply to the notice stating the facts and averments. If they file any legal proceedings, you have a pretty good case for acquittal. Please contact me for further assistance