Advocate Abhimanyu Goel

Questions Answered by Advocate Abhimanyu Goel

Q: 18 year old girl locked in house without any connection with social me

A girl was studying in college and her parents came to know about her relation. Now they took her from that city to Delhi and locked her in the house . She is not allowed to study further , no cellphone social media nothing . Just to stay at home eat and sleep. If wants to go out her family members always been with her like security. I am very much guilt because of me she is suffering this much. Please tell me the way she can come out and live with freedom specially continue her studies.

Advocate Abhimanyu Goel answered
You can file for a writ of habeas corpus before the Hon'ble High Court of Delhi (Provided she is 18 yrs old) and only if the girl would support your case because in many such cases it is seen that when family does such things with the girl and she has lost all communication with you in such cases even if you would take a stand for her, she might not support your case and you would have to bear further repurcussions for the same. It is better to consult over a call .

Q: Fake allegation of sharing nude of girl

Yesterday I downloaded a social media app to make friends . So a girl msg me .that app was charging money for chatting she gave her number after this she video call I picked but I know that she is wrong girl she can blackmail me in future . So I cut the video call in 2 sec .and block her .today I get call from cyber crime any ips calling and saying you have done wrong things with a girl .you shared her nude ...etc ...but I didn't done anything I got into honeytrap .. please help me ..guide me .

Advocate Abhimanyu Goel answered
That call is a fake call you dont need to worry about anything just block that number and lodge a cyber complaint against those persons. Dont pay them a single penny they would ask you to make payment in order to close your matter but once you make any payment they will keep on troubling you to get more money

Q: WANT TO PROCEED FOR DIVORCE AS SUFFERING FROM MENTAL HARASSMENT.......

marriage in 2019, no children, wife's mom interference is very high, suffering from mental harassments. living like a servant to wife. Wife will not ready for mutual divorce. Normal divorce will destroy my life , money etc. wife earning around 1.5 lac per month, getting HRA around 30k.Want to take first section 10 judicial separation of hindu marriage act. later will it help in future for Divorce. advise for proper steps.

Advocate Abhimanyu Goel answered
It is advisable to not step into judicial separation as it will linger on the process rather you should straight away head towards getting divorce on grounds of cruelty though it is time taking but it is the only option you have right now. Going for judicial separation would only add to your miseries as, it will linger on the process

Q: Matrimonial dispute and child custody

I got married in Feb 2023, had girl child in March 2024. Since then my husband and in laws have become very abusive, my husband doesn't look after or help in taking care of baby (me and my husband are living alone in Delhi). Also he doesn't contribute financially as I take care of most of the household and child expenses. Also I have supported my husband since marriage by transferring huge amount of my salary/bonuses/savings. My husband now wants divorce. He is also smoke addict. Please advise.

Advocate Abhimanyu Goel answered
It depends if only your husband needs divorce or even you are ready to go for divorce in case both the parties are ready then you can move ahead for seeking divorce by way of mutual consent which is a two months' process and in case only your husband needs divorce and you dnt want to give hime divorce stay calm as he cant force you for that rather uou may even move to CAW cell for lodging complaint of downry and also move to file proceedings of domestic violence

Q: can we submit Criminal proceedings barred by limitation in MM /JMFC

JMFC issued a summon for a 4-year-old alleged incident In MM court, under which section, should the application for criminal proceedings barred by limitation act 468(2)(c) be submitted?do I need to submit the application in session court or shall I first try in MM court? to stop the beginning of the trial as the court can not take cognizance of the chargesheet filed after 3 years in the 498a mattershall i submit application u/s 25(2) to review the summon order

Advocate Abhimanyu Goel answered
Once MM has taken a cognizance of any offence and issued summons thereafter, the MM cannot recall its own order as per law. Thereafter, you have two options first you can approach sessions court against the issuance of summons or you may directly approach the concerned High Court for quashing of proceedings