Advocate Archana Modanwal

Questions Answered by Advocate Archana Modanwal

Q: presence of people during incident

How to find, mobile no of who those are those present during incident took place at particular time. To prove presence of culprits

Advocate Archana Modanwal answered
To identify individuals or suspects present at a specific location during an incident, law enforcement agencies use a forensic method known as Tower Dump Analysis and collect Call Detail Records (CDRs) from telecom service providers. Private citizens cannot directly request mobile location data or tower dumps from telecom operators due to privacy laws. You must first lodge a formal police complaint or First Information Report (FIR).

Q: Removal, record sealing and expungement of police records

Hello, Last year a FIR was registered against me under section 66c and 67 of IT act. Now it is in process of quashing through high court of Punjab and Haryana based on compromise. My issue is that i want to remove my police records like CCTNS, FIR and other record with DCRB, SCRB, NCRB. I want to redact my name and personal identifiers from court registry too from high court and Gurugram district court too. i want this because of unnecessary failure of background check and visa denials.

Advocate Archana Modanwal answered
Once the High Court officially issues the quashing order, the state police system must update your status. Complete physical deletion is rare because FIRs are considered permanent historical documents, but the entry must be updated to a clear status

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 Archana Modanwal answered
Yes, the foreign mutual divorce decree is conclusive and legally binding in India under Section 13 of the Code of Civil Procedure (CPC), and neither party can maintain a fresh divorce or maintenance claim in an Indian Family Court under normal circumstances. mutual consent exception since the divorce was obtained we are the joint petition with mutual consent where both is causes participated in fully complies with Indian legal principals under the Hindu Marriage Act mutual consent is a valid ground 13 B cosec therefore the degrees not hidd by any exception of the section 13 CPC

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 Archana Modanwal answered
Yes, it is possible for a female to file a mutual consent divorce petition in the Family Court of her current place of residence, even if it is different from where the marriage was solemnized, where the couple last lived together, or where the initial agreement was signed.