Advocate Akshay R Kapadia

Questions Answered by Advocate Akshay R Kapadia

Q: High Court Has Dismissed The quash petition of FIR

High Court Has Dismissed The Petition Of quashing of fir...what to do if this happens... whether person can go to Supreme Court??

Advocate Akshay R Kapadia answered
under article 136 of the Constitution of India one can always prefer Special Leave Petition before the Honble Supreme Court of india challenging the order pass by the Honble High Cort.if you find difficult to approach Honble Supreme Court, you have one more remedy wherein you have to wait till charge sheet is filed ,thereafter, you can file discharge Application.

Q: How to prove false allegations by husband in court for divorce on cruelty ?

My husband has sought divorce on basis of many false allegations - cruelty. Except a few things that I had confessed to earlier and always accepted, he was forcing me for mutual divorce without exchanging the belongings. I was ready to sign because I also want to divorce him because in fact his family has been cruel to me. I told him that you get the mutual draft made I will read it and then sign it because we both should get what is rightfully ours. Yesterday I received a notice from family court stating all false allegations by husband and the hearing date is 23rd. Kindly guide me.

Advocate Akshay R Kapadia answered
you have to appeared before the family court on that day through Advocate .whatever allegations leveled against you has to be proved by your husband .also you have to file reply to counter the allegations. even you can file counter proceedings for restitution of conjugal rights.

Q: The case involves IPC Sections 498A, domestic violence, 406, 323, 504, 506, and 34.

If a settlement occurs in family court, what considerations are needed to close all the above cases related to IPC Sections 498A, domestic violence, 406, 323, 504, 506, and 34? The current stage involves AB granted by depositing Stridhan and dowry amount, with the charge sheet filing in process.

Advocate Akshay R Kapadia answered
if your spouse is ready to settle the issues with regard to the Criminal action taken by her , you can file Criminal Application under section 482 of code of criminal procedure to quash the FIR . which is a hardly one or two hearing issue. this proceedings is required to be filed in the Hon'ble High Court.

Q: He threatened to kill me and used abusive language, including vulgar words.

As the other woman who has cared for a married man harassed by his wife for the past two years, she is now threatening to kill me. I have recordings and messages as evidence. Can I file a case against her for abusive language and threats?

Advocate Akshay R Kapadia answered
you can file a police complaint against her on the basis of threat given by her to you.if police fails to take the action against her then you can file a private complaint before the Magistrate.but one backdrop is there if you start action against her she may counter attack upon you by filling the complaint against her husband and in that she can also involve you.

Q: The husband has filed under Section 9 of the Hindu Marriage Act and now seeks to convert it into a

Due to my in-laws' cruel behavior, I returned to my father's home. Now, my husband has filed Section 9 of the Hindu Marriage Act and wants a divorce. However, I want to save our marriage, especially for our one-year-old daughter. Can he legally convert Section 9 into a divorce case?

Advocate Akshay R Kapadia answered
Section 9 of the Hindu Marriage Act is for Restitution of Conjugal Rights. Your husband cannot convert a pending Section 9 petition into a divorce case. He can only file for divorce if he gets a decree for Restitution of Conjugal Rights, and you still refuse to live with him.

You can use this to your advantage by agreeing to Section 9 and choosing to cohabit with your husband. However, before giving your consent, you should clearly explain the reasons for separation and set some terms and conditions so that the court understands your separation was justified.