Advocate Apoorv Joshi

Questions Answered by Advocate Apoorv Joshi

Q: Alteration or dismiss enterim maintenance for a major son

As per family court judgement 31 Aug 18 I have given RS 2000 PM to minor child Now they have completed 18 years age Then what can I do for stop maintenence???

Advocate Apoorv Joshi answered
Section 125 clearly states that you have to maintain your child only till he/she attained majority. As soon as he turned 18, order of maintenance stands cancelled with respect to your major child. Only in special case when your child files an application and if the court thinks fit, Court will order for further maintenance.

Q: Case on boyfriend for cheating on me

Sir i was in relationship with a guy from 6 years and we were in physical reRelationship too... He went to Canada now n started new relationship being with me. He promised me to get married and he promised to other also for marriage. I sent him 52000 rupees because he was in need as I was unaware about his new relationship. I am having all evidence regarding our relationship.

Advocate Apoorv Joshi answered
You have a remedy with you for approaching the concern Police Station or Women Cell and lodge a complaint against the said person. Having sexual relation under false pretext of marriage promise falls under Offence for Rape.However, delay on your end is a drawback for you but still i would suggest you to opt for the remedy at the earliest.

Q: Compromise for case filed under section 420

Hello please help...we are 3 directors of a company ...one director did fraud with clients...fir lodged against us..we have depostied 8 lac in session court for a bail..now the complainer ready to compromise with me but court is not allowing to withdraw my deposit money..they are saying that the amount will refund after the closurr of case against all of them..rest of 2 directors are not ready to compromise...now how can i withdraw my money and do compromise.

Advocate Apoorv Joshi answered
You being the director of the company, is liable for all the wrong action done and its consequences. Session court might not allow you to move for withdrawal. However, you have a right to approach High Court for quashment of FIR against you. There you can raise the ground of compromise because 420 is a compoundable offence.

Q: What to do someone do a false promises of marriage

My collegue proposed me for marriage,he is much confident about his family also that i will convence him,he despirately want to marry me,i accepted his proposal by making all my things clear(that if this relationship ends at marriage,then i will ready,u will take a tym,another thing our caste issue im brahmin ,he is rajput lots of diffrences between us,that tym he agreed to everythin)we spend a tym around 1.5 yrs,we had a sexual realtionship also bt when this matter goes to his family for marriage,his family completly against this marriage,as tym being passed his family started abusing me,dhmkiya dene lage,bt i was nt affected by all this bt the guy will take his step back....i asked him that i cant do marry to another one,as im immotionally and physcially attached with u and also im very much clear abt this if this realtionship ends in marriage,then only i will go for this..bt after all this he started abusing me,nw he is going to married another girl.can i complain

Advocate Apoorv Joshi answered
Your act is considered to be a foolish one in the eyes of law.You being a major person should and must be aware of right and wrong.Your case will not stand that strong but you still have an option of filing a criminal case with charges of Rape and falsified acquisitions upon the person.Offence under 376 Rape is made out against the person.Don’t delay it further as it will weaken your case more and more. Also, after a significant delay, police might not register your complaint

Q: How long a person is supposed to wait in the court for a case

A case was filed by my dad against the family of my sister's husband after she committed suicide after only 5.months of marriage because of dowry demands. Now we got a summon from court to be present in the court for hearing. Summon said that we have to reach by 10 am. My dad reached there an hour as it was the first date in court. The case wasn't heard till noon 2 o clock as neither the public prosecutor nor the defendant and their lawyer came. My question is for how long should my father wait there. If he steps out and the case is heard will he be marked as absent despite of the fact that he waited whole day outside the court.

Advocate Apoorv Joshi answered
You have recieved the Summon for recording of your statement before the court.What you can do is as soon as you reach the Court, straight way go and mark your presence with the reader or directly to the judge. Else get in touch with any of your known advocate there at district court who will assist you further.As far as your query is concerned, our judicial process is lengthy so with that, you have to wait. No doubt justice will be delayed but i am sure it will not be denied.If your absence is marked on that day then again a fresh summon will be issued, thereafter bailable warrant and finally a warrant of arrest to secure your father’s presence