Advocate Amit Pandey

Questions Answered by Advocate Amit Pandey (400+ answers)

Q: Sir, Can I take bail for 323, 504, and 506 IPC on bail bond

Sir, Can I take bail for 323, 504, and 506 IPC on only bail bond / without surety? The FIR was registered in April, 2024. Now I have received summon from magistrate court, Lucknow. I was charge sheeted. I am government employee. It is the family dispute.

Advocate Amit Pandey answered
dear client as per your query Fir was lodged against you in April 2024 now you received summon from court in these sections you can take Bail on Bond but sometime it depend upon court it is the settled principle of law but loy dynamic some court do not follow the settled law

Q: Dowery Abortion Rape And Mar Peet

Kya ek saal sa phala divorce ho sakta hai ya nhi kyunki ladka muja ya dhamki da raha ke vo ek saal hota he divorce ka case dal daga jis sa usa easily divorce mil jaaiga or meri complain juthi ho jaaige

Advocate Amit Pandey answered
it depends upon court discretion generally not allowed but you can file some other case against your husband and in laws as such dowry case threatening case and judicial separation kindly share more facts so I can advise you better

Q: My husband cheating me with her colleague even she had trap him marrie

Sir how can I take an action regarding her for spoiling my married life she trapping my husband thru her emotional action due to her I am in mental trauma we have completed our 7 years of marriage and shri is spoiling our life she is unmarried she is a sam.to.trapp boys to fulfill her financial requirement

Advocate Amit Pandey answered
I understand your concern and the mental trauma you are going through. However, merely having a relationship or communication with your husband does not, by itself, give you a legal cause of action against the other woman. We first need to examine exactly what she has done and what evidence you have.If she has been threatening, blackmailing, stalking, harassing, sending objectionable messages, making false allegations, interfering through unlawful means, or attempting to extort money, appropriate legal action may be possible depending upon the facts and available evidence.Please preserve all WhatsApp chats, call records, photographs, audio/video recordings, bank/payment records, social-media messages and any other relevant material. Do not threaten or abuse her yourself.We can first examine the evidence and then decide whether a legal notice, police complaint, civil proceedings, or any other appropriate remedy is legally maintainable. We should base the complaint only on specific acts supported by evidence rather than general allegations that she is trying to spoil the marriage.

Q: Recognition of Swedish mutual divorce decree under Sec 13 CPC for OCIs

Hindu marriage was solemnized in India and civilly in Sweden. Both spouses are now Swedish citizens holding OCI and domiciled in Sweden. The marriage was dissolved mutually by a Swedish District Court on a joint petition with full legal force, and property division was executed. No children. Under Section 13 CPC and Supreme Court precedents, is this foreign decree conclusive in India? Can either party maintain any fresh divorce or maintenance claim in an Indian Family Court?

Advocate Amit Pandey answered
dear client as per your query this is the answer provision embodies a principle that a foreign judgment (defined under Section 2(6)] pronounced by a foreign court (defined under Section 2(5)) is conclusive i.e. executable and acts as res judicata Between the same parties and for the same cause of action. This principle upholds the applicability of Private International Law that a judgment pronounced by a foreign court must be given the same respect as that of a judgment of a domestic court in any country.However, when the applicability/conclusiveness of the judgment sought is to be established by the decree holder, its validity may be rebutted or tested on the following grounds, i.e.(a) It is pronounced by a court of competent jurisdiction, (b) It is decided on merits i.e. finally heard and decided,(c) It is not in contravention of any rule of international law or Indian law where such law is applicable to those cases,(d) The proceedings are in consonance with rules of natural justice,(e) It has not been obtained by fraud or collusion,(f) The claim is not founded on a breach of any law in force in India.Thus, if the judgment violates any of the above grounds then the judgment will not be conclusive and will not operate as a bar to the filing of any subsequent suit on the same cause of action between the same parties in Indian Courts

Q: Divorce decree declaration suit

If mutual paper divorce has done at lucknow. Is it possible that i as a female can apply for the decree of the divorce at the place of present residence, other then the place of divorce agreement.

Advocate Amit Pandey answered
dear client as per your query you both had taken a mutual divorce on settlement agreement and now you want to take a decree of divorce but you cannot take a degree of divorce on the basis of settlement you have to file the mutual divorce before the competent court of jurisdiction