Advocate Amar Choudhary

Questions Answered by Advocate Amar Choudhary

Q: Cooperative bank bankruptcy liability transfer

I used to own a cooperative bank and didnt have funds to return to customers as my partner has been missing since the case started and he did all those frauds. I have a legal notice for for arrest after 15 days. What is beat can i do now

Advocate Amar Choudhary answered
Is their any FIR is registered or not . or police called you or not for recording any statement in investigation. if you are thinking that FIR has been registered then go for anticipatory bail and try to gate as many as possible evidence which support you .

Q: File case against mental violence domestic violence against father .

Can we file case against abusive father ...who physically and mentally harrases his daughter and wife

Advocate Amar Choudhary answered
yes definitely his wife and daughter can file domestic violence case . if wife and child is not earning members then they have right both can file maintenance case. which will held you alot. wife also can lodge FIR against husband in sections 498A

Q: Wife trying to trap in more cases after acquittal in 498a

HiMy wife filed fake 498a case on me in 2014, I got acquitted from Lower court and from session as well their appeal was rejected. On other side they have 125 ongoing and STREEDHAN WAPSI (not sure under which section) case.. I didn't take anything as dowry from them at the time of marriage. They've just submitted fake list (no sign from my family/no receipt etc) without any bills..They're simply blackmailing us for Money.. My question is:-nn1. How do I protect myself from further false cases?n2. Can a defamation case be filed against them?n3. Can a criminal conspiracy case be filed against them?n4. Is it a crime to give false/fabricated statements in court/thane? They've given totally contradicting statements in 498a/125.. can we file a complaint to prosecute them for the same?nnNotes:n1. Statements contradict/tell different things in 498a and 125 n2. They're spreading lies e.g. I am threating them etc. whereas I live 110kms away. never talked to them

Advocate Amar Choudhary answered
As you have mentioned that you have got acquitted from lower court and appeal also rejected by superior court which show's that you have good case. yes contradictory statement helps . but you can show that judgement which was passed in 498A . And in my view, you should not go for more casese it will increase more economical and mental pressure. if you have got success in 498A you will gate success in maintenance case.

Q: My partner is ready to give me divorce

I am living separately from my partner since 2019. He aborted my child and did a lot of cruelty to me even though my 9 years old daughter was not ready to live with him.I filed a maintenance case on him because I lost my job because of him he said to me in 2020 that I am coming to take you I waited for him for 3 years and gone through family counseling but nothing worked now he is out of my mind and I want to take divorce from him so is it possble to get divorce if is not ready to give it since we are living separately and he is not paying for my daughter and me also I am dependent on my online job not sufficient for me and my daughter.

Advocate Amar Choudhary answered
if your partner is ready to give divorce you can file case under section 13(b) of Hindu marriage act . which is mutual divorce. in which both the parties come to gather with one petition in the court . where court firstly do the council and if council become fail then court give time of six months and after that court record the statment of both the parties and gives the final judgement .