Advocate Aditya Vikram

Questions Answered by Advocate Aditya Vikram

Q: My girl child was shown pornographic material by

My girl child was shown pornographic material twice by the neighbor tuition teacher. She is 16 years old and the female teacher is 35. nI want to lodge a complain, but I'm worried about what will happen to my daughter. Will she be called in the court again and again? going to police station and court can really hamper her studies. she is very bright and studious. Her time will get wasted and these two years are her crucial years. nDo children have to go to court? nI want this woman to be held accountable, but I'm afraid how the legal proceedings will affect my child. I'm very stressed. What punishment will the teacher get in such a case. what should I do. I did not expect this to happen. She was studying maths from her.

Advocate Aditya Vikram answered
The case falls under POCSO Act, and the punishment prescribed is an imprisonment upto three years alongwith fine. Generally, in cases like these, police are very careful not to commit errors. Social workers from NGOs are involved and all other practical ways to deal with a child victim are employed. I cannot comment on how you perceive things for I understand how difficult it must be fore a father, but I can tell you that what is just, must be done for the overall benefit of the child and for vindication of her agony.

Q: Important Query regarding Defamation case

My in laws along with their relatives and some other people came to my house and created a ruckus. They screamed and shouted abuses at me and my family for 2 hours. Gathered people around and said bad things about me. I work as an astrologer and this has deeply impacted my public image in my neighborhood and other people. nThey also beat me. The police did not do anything even after lodging a complain. I have eye witnesses who are ready to come to the court and give their testimony. nI already have a divorce case going with my wife which I filed last year. nnnMy question is: nWhat is the least amount of money that the court will be able to provide me from them, if I file a case of 30 lakh?nDo defamation cases actually work in India or would I be wasting my time and resources?nPlease give me honest advice.

Advocate Aditya Vikram answered
Criminal Law- It is an offence, bailable and non cognizable, which implies that it is not considered to be a serious offence. Also, your case must fall within the parameters of the provision to be considered defamation.Civil Law- you may file a suit for damages for defamation. This is basically a claim for compensation of the loss caused on account of defamation. Loss of repute, humiliation, financial loss on account of loosing credit in the society are a few grounds for the claim and they also serve as heads for calculating the claim. Your status in the society, financial soundness, public dealings etc. are other relevant factors which will determine the extent of damages. Can it be sustained in your case? Probably, yes. Should it be instituted? Well, that's very subjective. A lot depends on you. Any claim for damages demands court fees to be paid in accordance with slabs. The more you claim, the more you pay. So, unless you win the case with costs of court fees being saddled on the defendant, you will have to forgo this amount paid initially. I hope this answers your query.

Q: Does Right to EQUALITY BEFORE LAW not violate if precedent not follow

If PRECEDENT is not followed in the same scenario and circumstances that matches exactly like the case of PRECEDENT, will it not VIOLATE RIGHT TO EQUALITY BEFORE LAW That is Fundamental Right???

Advocate Aditya Vikram answered
if two cases, one of which is a precedent for its kind, differ even by a hair, the 'precedent' may not be a precedent. So far as your interest about 'equality before law' is concerned, a lot is required to be understood about it. Explaining this in such short passage will be a disrespect to Dicey. Read Dicey when you get a chance. Thank You!

Q: Is it necessary to file a separate complaint/FIR for sentence

Hi,nIf a person files complaint against second person and during investigation if it is made clear by Investigation officer that first person also did an offence then IS IT NECESSARY FOR SECOND PERSON TO FILE A COMPLAINT AGAINST FIRST PERSON FOR PUNISHMENT OR JUDGE WILL PUNISH FIRST PERSON ONLY ON THE BASIS OF EVIDENCE IN INVESTIGATION WHILE OFFICER WAS INVESTIGATING SECOND PERSON ON THE COMPLAINT FILED BY FIRST PERSON??nPlease answer. Thanks.

Advocate Aditya Vikram answered
Well, it is the duty of the police to chargesheet the subsequent accused irrespective of the stage of proceedings against a previous accused. In such situations, prosecution may withdraw prosecution against the first accused if the case against the two cannot be sustained for obvious reason of conflict of stance. No chargesheet No conviction. I hope this has answered your query.

Q: Related to marriage issues and maintainance of child

Currently my child Maintainance case is going. I opted for marriage counselling because I want to fix the matter and reconcile with my husband but he is not showing any interest and not responding positively. I don't want divorce and want to save marriage. I filed 125 just because I am handling the responsibility of the child all alone since 1 year and my husband don't show any concern for him. We separated in Nov 2021 and I am staying at my parents home with the child. I went to his house in July and stayed there for 2 days. He keeps on saying that I will file divorce but he had not filed divorce yet. He is controlled by his family members and relatives. I think he want to save relationship but he is forved to take the decision of divorce. Things were good when I visited him for 2 days. Counseller has suggested to stay together for 10 days and then come to a result. But my husband seems uninterested. What I can do to save marriage?

Advocate Aditya Vikram answered
From the way you have described your situation, I feel you have done enough to save your marriage. I believe that in matrimonial disputes, parties must consult lawyers how to prevent litigation. Your approach may be the only right approach in your case. If family and friends can't settle it, a counselor can. Counselors usually have considerable experience in dealing with situations like this. You should now Inform the counselor and write to your husband that you wish to save the marriage. Counselor may be able to tackle with the situation and be able to bring your husband back to the talks. Positive talks , negotiations , compromises , counselling, mediation etc. , these are the most steady and handy tools to save a marriage. litigation should be avoided( I am not talking about 125 or any other maintenance proceedings as they may be necessitated out of compulsion and duress). I wish you luck!