Advocate Atul Patni

Questions Answered by Advocate Atul Patni

Q: Withdraw The Case At The Last Moment

My second motion of mutual divorce held on 4 of this Nov but there was some mistake in a document. The judge took the final motion.We corrected the mistake but the judge had left by the time and we are called to be present on 19 of this month. The status of my divorce is "further proceedings"....can I withdraw the case at this time before the judge?

Advocate Atul Patni answered
Yes, you can withdraw your divorce case. If both of you are agreed to restart your life then Judge will not pass any order for dissolution of marriage and but only you are against the divorce decree then you need to satisfy Hon'ble Judge not to pass any order and matter will again turned as contested divorce case. Revert me if you need assistance.

Q: If I were in relationship with a girl(physical) one year ago.girl sue

I were in a physical relationship with a girl year ago and after a lot of fights slowly ended communication so can the sue me in any case now when there is no communication between us from last one year?

Advocate Atul Patni answered
If she wanted to implicate you in any case, she must have done it. After one year, she has no locus to file any case against you. Still maintain all necessary records to show that your relationship with her was discontinued and if any case is being filed then you have to show her ill intention before the concerned court or authority.Revert me if you need assistance.

Q: i have issue with my younger sister.

i have issue with my younger sister. she is threatening me and my mother and brother also but my father take her stand he is against us. what should i do. she is beaten herself and threatning us she will file FIR against me, my brother and my mother also and my father is also support her. I do not have any idea what to do i feel so helpless

Advocate Atul Patni answered
Why is she doing such act? Is there any property dispute or anything else?You can mark a complaint against your sister by disclosing her act to police. If you do so then in future, you will have an option to say that her FIR is false one.Revert me if you need assistance.

Q: Bail for a fake case against me under IPC 506/509 and SC/ST Act

An unknown lady has alleged my father and my brothers under SC/ST Act, when they were not even present at the said incident place, that lady was planted there for intimidating us, because we have a civil case filed against our landlord, now the police has taken them in custody without any prior info, what should I do?

Advocate Atul Patni answered
See if they are in custody then you have to file regular bail before concerned session court. You can also seek quashing of FIR by the Hon'ble High Court. If the lady is planted for lodging false FIR then she your father definitely gets bail from session's court. If dismissed, the high court would grant you bail. In future, you can also file case for malicious prosecution against that lady.Revert me if you need assistance.

Q: Divorce pending from husband side

Hello there, my friend got married around 19 months ago. Just when all the marriage rituals were completed & when she was about to leave for the in-laws house, she & her family came to know that the person was married. Husband's first wife came to the marriage hall & told to everybody that the person is already married. After knowing this harsh reality my friend's parents decided to not send her in-laws house. That person works in USA & he left India after this incident. My friend's parents want her to marry again & start her life again, in order to do that she needs to get divorce from her husband but that person is not coming back to India. He is just making excuses to come back & since then almost 18 months have gone. Time is slipping from my friend's life. He is well settled in USA & is least bothered about my friend's life. I want to know what are the options so that he could be compelled to come back to India & complete the formalities for divorce. Thanks

Advocate Atul Patni answered
See if both the parties are ready to dissolve the marriage, husband can appoint an attorney on his behalf to seek divorce by mutual consent. But for second motion he needs to come. Otherwise wife can file divorce and requests to the court to summon her husband. Court has every power to summon that person. Revert me if you need assistance.