Advocate Aman Sapiah

Questions Answered by Advocate Aman Sapiah (25+ answers)

Q: Fraud by a girl in the context of the marriage.

A girl in the context of marriage asked me for financial support as loan(Have all transaction detail as done online). Where as she was sending the money to her boyfriend. She had committed to marry me (She had talked to my parents on call regarding it) also having her chats till now. Now she is distancing from me and and I found out she lied to me about this. I want to know what legal action should i take and how to proceed with it.

Advocate Aman Sapiah answered
If it is proved that the girl took money from you on a false promise of marriage with dishonest intention from the beginning, it may amount to cheating (Section 420 IPC) and possibly criminal breach of trust (Section 406 IPC).Since you have transaction records and chats, you can: 1. Send a legal notice for recovery, and 2. File a criminal complaint if there is no response.You may also file a civil suit for recovery of the loan amount.

Q: Modify or change order under domestic violence

I am a petitioner where I filed case for dv and interim maintenance. The judge passed maintenance order where she mentioned rent of rs 2500 per month against rent receipts. Now the issue is that in petitioner itself I had mentioned I am living with my parents and dependent on them.. so can I submit application under section 25(2) dv act in the same court requesting judge to remove this condition as under dv act wife has right to residence even if residing with her parents. Please suggest,

Advocate Aman Sapiah answered
Yes, you may move an application before the same Magistrate under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 seeking modification or clarification of the interim maintenance order.Section 25(2) permits alteration, modification, or revocation of an order if there is a change in circumstances or if clarification is required. Under Section 17 of the DV Act, an aggrieved wife has an independent right to residence, irrespective of whether she is presently residing with her parents. Temporary shelter with parents does not defeat her statutory right to secure alternative accommodation or rent from the respondent.However, since your petition stated that you are living with and dependent upon your parents, and rent receipts were apparently placed on record, the Court may view this as a factual inconsistency. Therefore, your application must clearly explain the circumstances — whether you were compelled to stay with parents, whether rent was actually being paid, and why clarification is necessary

Q: Can Legal notice for mutual divorce cause spouse to file case Directly

I seek mutual divorce but as I think my husband might not agree, I was advised to send legal notice for amicable settlement divorce. Now, if I send notice, can husband out of fear directly file a case against me? What should I do first to initiate?

Advocate Aman Sapiah answered
Sending a legal notice for amicable divorce is not a weakness. it is a lawful and dignified step toward settlement. It does not create liability against you.Yes, your husband may react by filing a case, but courts decide on evidence, not on who acted first.Before issuing notice, secure your facts, documents, and legal position. Matrimonial matters require strategy, not haste. A well-timed step is always stronger than an emotional one.

Q: Entry into matrimonial home by duplicate keys

I am ousted by my in laws and husband since 6 months i have to take shelter at my parents home but i cannot stay here for long already filled dv case can i go and enter the matrimonial home by duplicate keys Can there be any legal complications

Advocate Aman Sapiah answered
As your legal right under the Domestic Violence Act, you’re entitled to reside in the shared household, including your matrimonial home, regardless of ownership. However, re-entering using duplicate keys without a court order may trigger unnecessary police complaints (e.g., trespass or forceful entry), even if not legally sustainable.Since you’ve already filed a DV case, the recommended course is to immediately seek a residence order under Section 19 PWDVA through your counsel. Interim relief can also be requested to protect your right and prevent retaliation.Feel free to connect directly if you need assistance with the application or enforcement—we’ve handled several similar matters.

Q: Physical assault by wife on in laws and destruction of evidence

Can I file FIR directly at the police station for the incident happened one year ago? Private complaint filed in court is taking too long for orders

Advocate Aman Sapiah answered
Yes, you can still approach the police station and seek FIR registration, even after a year. Delay is not fatal if justified—especially where prior legal remedies (like a private complaint) were being pursued.If police refuse, escalate under Section 154(3) CrPC to the SP. Alternatively, move a 156(3) CrPC application before the Magistrate seeking directions for FIR registration.Timely justice may require parallel pursuit—don’t rely solely on the private complaint if it’s stagnating.