Advocate Arinjay Bisht

Questions Answered by Advocate Arinjay Bisht (100+ answers)

Q: Is proclaimed offender order still valid

We two brother own joint property. I move out. My brother file private defamation complaint. Within 2 days summons was issued. Then warrant was issued. then Proclamation order is issued. All orders were served on my home where I do not live at for years. My brother committed contempt of court by serving all orders at home where he lives at. He made fool of judge. Judge not done any investigation or inquiry.If service of summons & warrant is not valid, is proclamation order invalid.

Advocate Arinjay Bisht answered
Incase you are a PO you need to move an application before the same court and get it cancelled. Incase FIR has been lodged against you under 174-A then you have to approach Hon’ble High Court to get it quashed.

Q: Can A Boy And Girl Fike The Divorce Case At The Same Time

if divorce pettition is filed by the boy side , can girl can also file the divorce pettiton from her side at the same time

Advocate Arinjay Bisht answered
Technically, yes, the judge can pass a decree without contest if the case goes unchallenged. However, the judge may also award alimony to the wife, which could amount to a substantial sum. To contest the alimony amount or its terms, the husband would need to actively participate and present his case before the court.

Q: Does police have right to ask for loan recovery

I am getting calls from police regarding the loan recovery which I have taken from online loan app. Does police have any right to ask for loan money

Advocate Arinjay Bisht answered
The police cannot interfere in civil cases under any circumstances. Their role is limited to criminal matters. In civil disputes, the police can act only if directed by the court. For instance, a police officer can arrest you or take action against your property only if a civil judge issues a warrant or specific orders.

Q: Maintenance case in both District and High Court at same time?

When maintenance case is going on in court. Can other case on this I.e maintenance be filed and going on in High Court?

Advocate Arinjay Bisht answered
Your wife can claim maintenance under various legal provisions such as the Domestic Violence Act, Section 125 of the CrPC, and Section 24 of the Hindu Marriage Act. However, if maintenance is awarded under multiple provisions, only the highest amount granted will be considered, and not a cumulative sum.

Q: Cross Examination Of Wife Before Interim Maintenance

Is it legally allowed or practically possible to call wife in witness box and ask few questions about income affidavit and petition before the order of interim maintenance. The intent is to hammer the credibility of wife statement and bring certain evidence with a surprise element. Any judgement which supports this in 125 crpc ?

Advocate Arinjay Bisht answered
You cannot cross-examine her before the stage of evidence. However, if she has provided any false information regarding her income, you may file an application under Section 340 of the Code of Criminal Procedure (CrPC) to initiate proceedings for her punishment.