Advocate Aishwarya Panday

Questions Answered by Advocate Aishwarya Panday (100+ answers)

Q: Witness lying under 164crpc at defense

My sister was murdered by her husband. It's been 9 years. Now case at defense stage where opposition party witness lying under 164 crpc, where he admitted that girl was very happy with his husband. I have a evidence against it. What can I do.. Kindly suggest me

Advocate Aishwarya Panday answered
A statement under Section 164 CrPC is not conclusive proof by itself. It can be challenged if it appears false, tutored, or contrary to other evidence on record. If you possess evidence showing that the witness is lying or suppressing facts, you may:Request the Public Prosecutor to confront the witness with contradictory material during cross-examination.Move an application to recall or further cross-examine the witness if new material facts need to be put on record.If the statement appears deliberately false, the court can be requested to consider perjury proceedings at an appropriate stage.If your evidence is relevant and was not earlier produced, an application may be moved to bring additional evidence on record, subject to court’s permission.

Q: यह मामला 2010 का है ग्राम प्रधान द्वारा 2010 भूमिधर पट्ठे किए गए थे

2010 में भूमिधर किए गए थे अब उतर प्रदेश की सरकार द्वारा हम सभी किसानों को नोटिस आसामी की 2026 में मिली है लगभग हम सब लोगों ने उन्नाव में अपनी हक की जमीन पर मुकदमा धर 49 के तहत लगाया गया है

Advocate Aishwarya Panday answered
Agar 2010 mein aap logon ki zameen mukt (release) kar di gayi thi aur ab 2026 mein dobara sarkar notice de rahi hai, to sabse pehle yeh dekhna zaroori hai ki kis adhiniyam ke tahat notice diya gaya hai (acquisition, eviction ya land use issue).Agar aap logon ne apni milkiyat aur kabze ke saboot ke saath Dhara 49 ke tahat mukadma daakhil kiya hai, to court mein yeh mudde uthaye ja sakte hain: • Pehle ki mukt karne ki order/records kya the • Kya sarkar ne bina due process ke dobara dakhal dene ki koshish ki hai • Kya aap log lambe samay se shantipurn kabze mein hain • Kya naya action kanooni roop se sahi procedure follow karta hai ya nahiAgar sarkar ki karwai bina uchit prakriya (due process) ya bina muawza diye ho rahi hai, to aap stay order (status quo) ke liye prarthana kar sakte hain taaki zameen par turant koi zabardasti kabza na ho.Har case apne documents, khasra–khatauni entries, purani orders aur possession ke saboot par depend karta hai. Court in sabhi tatyon ko dekh kar faisla karti hai.

Q: Citations from SC and Allahabad HC on false POCSO cases

I am seeking judicial citations from the SC and Allahabad HC in relation to POCSO cases covering the following issues:1. Cases where the police conducted a deliberately false, biased, or perfunctory investigation, or failed to investigate material facts, resulting in undue support to the complainant.2. Cases where a POCSO complaint was found to be false or motivated, particularly where the complainant acted under the influence or instigation of third parties (such as teachers, relatives)

Advocate Aishwarya Panday answered
In POCSO matters, courts have consistently held that fair and impartial investigation is crucial, and any deliberate lapses or biased investigation can weaken the prosecution case.The Supreme Court in Babubhai v. State of Gujarat held that a tainted or unfair investigation can seriously prejudice the trial. Similarly, in Tomaso Bruno v. State of U.P., the Court observed that failure to collect or produce crucial evidence creates doubt in the prosecution story, entitling the accused to benefit of doubt.Regarding false or motivated POCSO complaints, courts have clarified that while child protection laws are stringent, allegations must still be proved beyond reasonable doubt. In Alamelu v. State, the Supreme Court held that conviction cannot be based on unreliable or tutored testimony. Courts have also recognized that, in some cases, complaints may be influenced by third parties due to personal or family disputes, and such situations require careful judicial scrutiny.

Q: remains Pending despite being registered on 12-04-2024.

My case, .remains Pending despite being registered on 12-04-2024. It is currently at the 'For Order' stage. Recent listing history shows repeated 'Pass Over' statuses,. Despite 7 Listing Applications being disposed of, the matter has not been heard. What legal remedy exists to ensure the case is taken up, and should I file an Urgency Application to move it from the Additional List to a fixed date

Advocate Aishwarya Panday answered
Yes, you do have remedies. When a matter is repeatedly shown as “Pass Over” and remains at the “For Order” stage, it usually means the court has not had time to take it up, not that there is a defect in your case.Filing an Urgency / Early Hearing Application is the correct next step. In that application, you should clearly mention:• Date of filing of the main case• That it is already at “For Orders” stage• Number of times it has been listed but not heard• Any hardship caused due to delayYour advocate can also mention the matter before the court (oral mentioning, if allowed) to request that it be taken up or given a short, fixed date.If repeated listing applications have not worked, you can additionally:• File an application requesting the matter be placed in the top of the board or fixed date list• Seek directions from the administrative side/registry for proper listingMoving from Additional List to a fixed date is possible, but depends on court workload. A well-drafted urgency application highlighting that the case is ready for orders usually helps.

Q: Interim maintenance with heavy loan liabilities & false allegations

Marriage was solemnized on 21.04.2024. Since marriage, spouse frequently stayed at parental home with family interference. During pregnancy, medical care and medicines were provided and a joint bank account was opened with deposits. On 05.11.2025, police visited on Dial-112 and found no violence, FIR or MLC. Later exaggerated complaints and ₹55,000 maintenance were claimed despite multiple EMIs. Actual disposable income is around ₹30,000. What is the realistic interim maintenance?

Advocate Aishwarya Panday answered
Interim maintenance is based on actual earning capacity, not just the amount claimed by the spouse.If your disposable income is around ₹30,000 per month, courts generally do not award an amount that makes it impossible for you to survive. A demand of ₹55,000 is unrealistic unless your real income is much higher than shown.As a broad trend, courts often consider 25%–33% of the husband’s net monthly income for spousal maintenance, after looking at liabilities like EMIs and dependents. That would put a possible interim range around ₹7,000 to ₹12,000 per month for the wife, depending on facts.If there is a child, the amount may increase to cover child expenses separately.Important factors court will consider:• Proof of your income (salary slips, bank statements, ITR)• EMI obligations (loan statements)• Wife’s qualifications and earning capacity• Standard of living during marriageFile a detailed income affidavit with documents. If you show genuine EMIs and limited net income, court usually grants a reasonable, not excessive interim amount.