Advocate Anupam Pandey

Questions Answered by Advocate Anupam Pandey (25+ answers)

Q: wife demand mutual divorce in the pressure of his parent.

sir maine shaadi kari thi 12/5/23 ko court se. kuch din baad jab woh apne ghar jaati h toh uske gharwale usko emotionally pressure karne lage mujhe divorce dene ke liye or woh maan bhi gyi yeh sab baat usne bataya mujhe ki uske gharwale chahte h divorce lekr alag ho jaaye maine mana kar diya toh usko gharwalo ne jabardasti mere uper CAW cell me false dowry and dv ka complaint kar diya. fir police station me bhi complaint de diya family walo ke uper molestation ka but my divorce dena nhi chahta

Advocate Anupam Pandey answered
Hindu Law k according aap shadi k ek saal k andar divorce nhi le skte (Not even by mutual consent). Aur rhi mutual consent se divorce lene ki baat, toh jab tkk dono parties ka consent nhi ho tab tak court bhi divorce nhi de skti. Mutual consent se divorce k liye bhi dono parties ko 1.5 years tkk separately rehna hota hai. Toh aap apni wife ko law k baade me samjhao, aur unko convince karne ki kosish karo ki aapke sath rahe. Agar wo phir bhi nhi maanti hai toh humme legally proceed karna hoga, jo bhi hoga aapke best intrest me wo hum karenge.RegardsAdv Anupam Pandey

Q: a lady come our house and insulted my wife

can i file defamation case against her , if we are in court against her Husband ?

Advocate Anupam Pandey answered
If the lady has defamed your wife, the case can be instituted against her. We can initiate both civil as well as criminal proceedings against her. The case can't be filed or clubbed together with the case proceedings going against her husband. But we can proceed in a new civil as well as criminal case.

Q: My Boyfriend getting harassed for 6 months - I need help

Hi there, Me and my bf are in relationship for 6 years now. His mother is adamant of our relationship and wants him to marry anyone other than me.To make him bow down, she is using a tactical thing. She calls a Rehabilitation centre and ask them to catch him and harass him on another level. He has been beaten badly by saying if he will leave me or not. This is happening third time in a row from last 6 months. Please advice how can I legally take an action by being anonymous.

Advocate Anupam Pandey answered
It is the fundamental right of every individual to marry person of their choice, and the same has been reiterated by Hon’ble Supreme Court in many judgements. So, no one has any legal right (not even your bf's mother) to force him to marry anyone else. As far as legal action in your Case is concerned, we can initiate criminal proceedings against the persons who have harrased and beaten your bf (including his mother), depending upon the quantum of mental and physical injury he has suffered. The criminal charges will be framed according to the facts we present in the court of law.

Q: false rape case filed by my ex gf and quashing possible with out charg

i am accused in a false rape case filed by my ex gf and got my regular bail in session court within 25 days and also girl gave his consent to regular bail. the charge sheet is still not filed. so i want to ask that is delaying in chargesheet is not good for me and is quashing of FIR is possible without filing of charge sheet or not and girl continuously messaging me and harassing me to marry. please suggest what i do

Advocate Anupam Pandey answered
Yes, The Hon'ble High Court in its inherent power can quash the FIR. If we are able to prove that prima facie the case is not made out, and the accusations against you are false and vexatious, then the Court can quash the FIR. The court will take into account the overall circumstances leading to the registration of the case. Since the girl has not opposed the bail application, and harrashing you to marry her.. all these facts will be in our support in getting the favourable order.

Q: Request Dissmisal of case to the Court

I had filed a complaint 3 months ago. The trial is beginning now and I don't have time, will, funds to indulge in the case proceedings now. Is there a way to get out of the court proceedings now without criminal charges being issued against me in the future by the accused or those in custody

Advocate Anupam Pandey answered
For this you have to specify the nature of criminal charges which are under trial.if the same is compoundable in nature...the same can be compounded with your consent and the case may be withdrawn if it is a complainant case and if an FIR has been registered by you against the accused persons the same can be quashed through a petition before the honourable High Court.And you can also execute a formal settlement deed with the accused persons in order to avoid any further proceedings against you on the same cause of action or same facts.RegardsAnupam Pandey Advocate