Advocate Arjun Singh

Questions Answered by Advocate Arjun Singh (25+ answers)

Q: I want Resident in Matrimonial house but peacefully

My DV case which i filed feb 2021 is exparte, got resident order in matrimonial house or pay 5k per month from husband. But husband not paying maintenance and is in jail for 1 month. How can i reside in matrimonial house if they still not let me reside in matrimonial home.

Advocate Arjun Singh answered
file for the execution of court order before the court which passed the decree in your favour if you have already done so and inspite of the that you are getting the things done then bring it to the notice of court concern and press hard for the same, you also have contempt remedy available

Q: Can a withdrawn FIR be reopened after mutual agreement

My ex gf filed a FIR of a false case to me, it was false promise of marriage, after that she has taken back the complaints and we were asked to submit an affidavit saying she filed a fir because she was angry that i don’t want to marry her and we will get married soon, but I don’t want to be with her anymore she is a toxic woman and she cheated on me it’s just I don’t have the evidence to prove it. can she reopen this case again or file another fir later if i refused to marry her?

Advocate Arjun Singh answered
yes she can do because situation will be the same as it was earlier and other side settlement in such type of cases is not as per the spirit of law as provided therefore settlement in such type of cases is not acknowledged by High Courts as well the only thing which is in your favour that you have a reason and it can be substantiated either by your own direct or circumstantial evidences and every case has lacuna if it is fabricated which goes to the roots of prosecution case.

Q: RTI Application to be filed to the government institution

Can the earlier replies received from the two public authorities used to ask further question quoting the earlier replies ?

Advocate Arjun Singh answered
you can formulate the question on the basis of reply received by the other authorities no need to quote earlier reply in a fresh RTI, you you find any discrepancies then inthag case you can file an appeal before the appellate authority.

Q: Final report against FIR u/s 323, 147, 279

An FIR filed against me and four other u/s 323, 279, 147 and police sent the final report without any charge.. now what should I reply to the question i.e. Have you ever been prosecuted?? asked in attestation form?? Pls reply.

Advocate Arjun Singh answered
since the final report has been filled by police but the case is yet to be closed if the same is not accepted by the concerned Court and is pending therefore your answer should be in affirmative and you should provide the perticular of the case details as well

Q: APPLICATION UNDER SECTION 468(2)(c) in MM/JMFC court or session court

Can i file APPLICATION UNDER SECTION 468(2)(c) in MM/JMFC court or shall i go in session court to disposes of the F.I.R in which last incident was 4 year before and final report is not yet filed (charge sheet) by the police

Advocate Arjun Singh answered
section 468 provide for the bar of taking cognizance you can file perticular application before the court of competent jurisdiction that is Court where case is traible under perticular section only that Court is competent to decide the case.