Advocate Anchal

Questions Answered by Advocate Anchal

Q: maintenance to divorcee wife and to the child form 1st wife

As per Hindu law what if the father is handicap and is not able to pay the maintenance to the 1st child for divorcee wife and ahs other obligations towards to current family like girl child old mother and mentally unfit sister

Advocate Anchal answered
1. *Child's Right:* Under Section 125 Cr.P.C. and Section 20 of Hindu Adoptions & Maintenance Act, 1956, a father is bound to maintain his minor child whether legitimate or illegitimate. The Supreme Court has held that a child’s maintenance is paramount and cannot be denied even if mother is earning.2. *Effect of Handicap:* Being handicapped is not a defence for nil maintenance. The Court will assess your _capacity to earn_ despite disability. If you have some income, pension, or property, you are liable. If you are completely unable to earn with medical proof, the Court may fix a token/minimum amount but will not absolve you.3. *Other Obligations:* Liability towards second wife, minor daughter, old mother and mentally unfit sister is considered at the time of quantum under _Rajnesh vs Neha_ guidelines. But first child's right stands on same footing as second child.

Q: Need to remove Websites from Google Search

I had 2 cases on me in earlier 2013 and 2015, and police has spread all the information to press media, and they have posted the same, since then, they are lying on google search, in first pages, later in 2017 all the cases were aquitted, but still the search engines are showing me up like criminal. I saw Plenty of judgments araising for filing Writ Petitions, if the case got aquitted, the indexing from google can be removed. So i'm seeking for someone who can really help me in this regards.

Advocate Anchal answered
You can file a Writ Petition (Mandamus) under Article 226 before the concerned High Court seeking direction to Google (and news portals) to de-index / remove your name from search results.Simultaneously, we can file a request for delisting under Google's Right to be Forgotten form with your certified copy of Acquittal Order.Please keep your acquittal order of 2017, FIR details and the specific URLs which are appearing on Google ready for review. This is a very much maintainable case and relief is usually granted.

Q: Does judge have authority to order alternate electronic service

Old Cr PC not have provision to serve summon via electronic means. Covid time electronic service exception now over. If judge issue order to serve summon first time by WhatsApp can defendant prevail if he make recall application in sessions court by arguing Cr PC not support electronic service.

Advocate Anchal answered
No, the argument that CrPC does not support electronic service will not succeed now.Though old CrPC Section 62 provided only physical service, Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020 allowed service via WhatsApp, Email, Fax during Covid and this has been continued by various High Courts as valid service.More importantly, under new law, *BNSS Section 69(1) expressly allows service of summons through electronic means* including WhatsApp. Courts have held that if electronic service is accompanied by proof of delivery/read and is authorized by Court order, it is deemed proper service.If Judge has specifically ordered WhatsApp service as first service, a recall application only on ground that CrPC does not support electronic mode will not prevail. Defendant should instead focus on merits or prove that he did not receive or number is not his. Mere technical objection of electronic mode is not a valid ground now.

Q: Complaint for wrong judgement and one sided decision

Can I file complaint against session judge if he/she doing wrong conviction and doing one sided judgement? and what will be the action will taken by high court.

Advocate Anchal answered
A judge cannot be prosecuted for a wrong judgment. Every judicial error has a remedy of appeal.If Session Judge has passed one-sided or wrong conviction, your remedy is to file a *Criminal Appeal before the Hon'ble High Court under Section 415 BNSS*. High Court will re-appreciate evidence and can acquit you if conviction is illegal.You cannot file a criminal complaint against a judge for his judicial order. Judges are protected under the *Judges (Protection) Act,

Q: conspiracy complain against me

I angrily told my ex’s wife that her husband had said he would take her somewhere and push her &when I questioned him, he said he was joking. He never actually said this—I made it up in anger bcz he cheated on me. Now she has complained, claiming we were planning to kill her &they may have a voice recordingof this statement. Should I admit that I said it in anger?

Advocate Anchal answered
1. get anticipatory bail considered if an FIR under Sec 351 / 61 [Criminal Conspiracy] is registered.2. Do not contact the complainant or your ex anymore - any further contact can be seen as threatening.3. Preserve any chats showing that he never said it and that you said it out of hurt due to cheating.4. If called by police for inquiry, go with your lawyer and give a statement that the statement was made in a moment of emotional distress, was not true, you never had any intention to cause harm, and you regret it. Your lawyer can help you file a written apology / compromise if the other side is willing.A mere angry false statement without any actual plan, weapon, preparation or meeting to kill will not normally attract Sec 61 conspiracy to murder, but police may initially investigate it as such.