Advocate Atul Vasisht

Questions Answered by Advocate Atul Vasisht (25+ answers)

Q: FALSE case 498a with 313 false we have video when she lefthomeon 28

My wife left house with 4 week pregnancy happy on 28 but on 29 with influence of mother got aborted with consent after 2 month filed 498 with 313 with no complaint no fir after complaint we find she has aborted will she be prosecuted

Advocate Atul Vasisht answered
In response to your query regarding the charges under Sections 498A and 313 of the IPC following your wife’s elective abortion, it is important to understand the legal protections surrounding medical termination in India. Under the Medical Termination of Pregnancy (MTP) Act, a woman has the legal right to terminate a pregnancy up to 20 weeks with the consent of a registered medical practitioner, and notably, the husband’s consent is not a legal requirement for this procedure. Therefore, if the abortion was performed by a qualified doctor under these legal parameters, she likely will not face prosecution under Section 313 (causing miscarriage without woman's consent), as that section is typically invoked against those who force an abortion upon a woman, not the woman herself exercising her reproductive rights. Regarding the Section 498A (cruelty) charge, while you may feel the abortion was used as a tool for harassment, the court will look for specific evidence of domestic violence or dowry demands; if her claims are proven false or retaliatory after a voluntary abortion, you may move to quash the FIR by presenting medical records that demonstrate the procedure was consensual and legal.

Q: File appeal in DV Judgement and order of attachment fund transfer

Can I file appeal session court against the judgement in DV act which was pronounced on 28/03/2025 by lower court. And also want file immediate appeal against the order 13/02/2026 in which whole attached fund given to wife in execution petition . All matter pending in Dwarka court Delhi

Advocate Atul Vasisht answered
You can file an appeal in the Court of Session against the judgment pronounced under the DV Act, as per Section 29, which generally allows for a 30-day window from the date of the order. Since the main judgment was issued on 28/03/2025, you are currently well beyond the standard limitation period and will need to file a formal application for Condonation of Delay, citing sufficient cause for the lapse in time. Regarding the more recent order from 13/02/2026 involving the attachment of funds, you should move for an immediate appeal in the Sessions Court at Dwarka to challenge the execution petition. It is highly recommended to simultaneously file an application for an interim stay on that specific order to prevent the actual transfer or release of those funds while your appeal is being heard.

Q: Maintenance issue with the one of the flat owner He even threatened us

We had purchased a builder flat in 2021 and paying the maintenance on time. The land owner have 12 flats in the building he unnecessary charge for things. Without consulting with the flat owners he increased the maintenance when we ask for showing the proof of the maintenance he never showed us and threatened us. What we can do so we never face such issues in future and we need releaf from this at earliest.

Advocate Atul Vasisht answered
In the event of a dispute with a builder, a viable legal recourse available to the aggrieved party is the filing of a consumer complaint. This action can be pursued under relevant consumer protection laws, designed to safeguard the rights and interests of consumers in transactions involving goods and services, including real estate. A consumer complaint can address a range of issues, such as defective construction, delays in possession, misrepresentation of project details, or unfair trade practices.The process typically involves drafting a formal complaint outlining the specific grievances, supporting it with relevant documentation like agreements, payment receipts, and communication records, and submitting it to the appropriate consumer forum. Jurisdiction is often determined by the value of the claim. Consumer forums operate at the district, state, and national levels, each handling cases within specific pecuniary limits.Filing a consumer complaint offers a relatively accessible and often less expensive alternative to traditional civil litigation. These forums are designed to provide a more expeditious resolution to consumer disputes. However, it is crucial to adhere to procedural requirements and present a well-documented case to increase the likelihood of a favorable outcome. Consulting with a legal professional is highly recommended to navigate the process effectively and ensure the complaint adequately addresses all relevant legal aspects of the dispute. This will help maximize the chances of securing appropriate relief, which may include compensation, rectification of defects, or other remedies as deemed fit by the consumer forum.

Q: Recieved complaint case no. 150509

I have received a complaint case no. From my loan lender company which is done in magistrate court kolkata and first appearance date is 13 Feb 2025 but I am unable to reach as I am I delhi and kolkata is very far from Delhi.They have initiated this case just to hareash me mentally.Please suggest me if I could not go their for apperance

Advocate Atul Vasisht answered
In this situation, the optimal legal strategy is to pursue a transfer petition. This legal instrument allows for the transfer of a case from one jurisdiction to another, often based on factors like convenience, fairness, or legal strategy. Given the complexities and potential nuances of your specific circumstances, a transfer petition offers a viable avenue to ensure the case is heard in a more appropriate or advantageous venue.While this advice provides a general direction, it is crucial to understand that legal matters are highly fact-specific. A successful transfer petition requires careful consideration of procedural rules, jurisdictional requirements, and persuasive legal arguments. Therefore, this information should not substitute for personalized legal counsel.Consulting with a qualified attorney is essential. They can assess the merits of your case, advise on the specific requirements for filing a transfer petition in your jurisdiction, and represent your interests effectively. They will analyze the relevant factors, including the current venue, potential benefits of a transfer, and any potential drawbacks. Only with professional guidance can you make an informed decision about pursuing this course of action and maximize the chances of a favorable outcome.

Q: Does it matter who files for the divorce?

i am Hindu. my mom wants to initiate a divorce from my dad. tell me will it effect alimony? or does this have any effect at all? should we wait for my dad do it first?

Advocate Atul Vasisht answered
Your father's income will be the primary factor in determining any alimony obligation. Pursuing a legal separation or other related action will not negatively impact the calculation of such support. While this provides a general overview, a comprehensive consultation with a legal professional is strongly recommended to discuss the specifics of your situation and ensure you receive tailored advice.