Advocate B. Harish Kumar Goud

Questions Answered by Advocate B. Harish Kumar Goud

Q: 498a case under Evidence stage wide wants to compromise

My wife filed a 498a is under Evidence stage.I & my wife now want to live together & want to close this case.Please help how this can be closed sec ,3/4 dp.

Advocate B. Harish Kumar Goud answered
If both of you have genuinely reconciled and wish to live together, execute a compromise deed and jointly file a petition before the High Court under Section 528 BNSS (earlier Section 482 CrPC) seeking quashing of the 498A proceedings. Since 498A is non-compoundable, the trial court cannot close the case based on compromise alone. The High Court can quash the proceedings if the settlement is voluntary and genuine.

Q: 138 NI case avoid conviction if the alleged debt itself disputed?

I'm accused in a cheque bounce case under Section 138 and 142 of the Negotiable Instruments Act. My defense is that I never borrowed the money that the complainant alleges I borrowed. I believe the cheque, which I had signed earlier, was not issued towards repayment of my own legally enforceable debt I signed blank cheque and note for my dad's dispute as surety complainant claims a amount on a specific date. However, I have official documents showing that I was outside India during that period.

Advocate B. Harish Kumar Goud answered
hiYou have a good defence if the cheque was not issued towards your own legally enforceable debt. If it was given as a blank security cheque for your father's transaction and you have passport/immigration records proving you were outside India on the alleged loan date, these documents can effectively rebut the statutory presumption. Contest the case with proper documentary evidence and cross-examination.

Q: Dear Sir /Madam, Request your advice I obtained an ex parte divorce decree in 2013. I filed conjuga

Dear Sir /Madam,Request your advice I obtained an ex parte divorce decree in 2013.I filed conjugal rights in 2010 where my my first wife never attended court due to this court passed divorce degree in 2013.Later in 2017 my first requested me that she will stay with me so we both applied for cancellation which was set aside orders came .. again she left and never came back till now .I don’t know where is she now also.* I married to my second wife in 2019.My second wife knew about my first marriage and the court case. But still she blackmailing me that she file case on me that it’s a bigamy pls help me what I have to do in this situation

Advocate B. Harish Kumar Goud answered
Based on the facts stated by you, the crucial issue is whether your first marriage was legally subsisting on the date of your second marriage in 2019. If the ex parte divorce decree passed in 2013 was subsequently set aside and the matrimonial proceedings stood restored before your second marriage, your wife may attempt to allege bigamy. However, the outcome will depend upon the exact court orders, dates, and legal status of the first marriage at the time of the second marriage. Therefore, immediately obtain certified copies of all relevant orders, including the divorce decree and the order setting it aside, and consult a local family law advocate with the complete record. If your second wife is threatening or blackmailing you, preserve all communications and take appropriate legal action in accordance with law.

Q: My Wife filed 498a can I ask the court to preserve call data before ch

My Wife filed 498a can I ask the court to preserve call data of her and with whom she was talking before chargesheet. Please suggest me!

Advocate B. Harish Kumar Goud answered
Yes, you may move an application before the concerned court seeking preservation of relevant Call Detail Records (CDRs) and other electronic evidence, provided you can show their relevance to the issues involved in the case. However, courts generally do not permit a fishing or roving inquiry into a person's private communications without sufficient grounds. Since CDRs are retained by telecom operators only for a limited period, it is advisable to act promptly through your advocate and seek appropriate directions from the court or investigating agency before the records are deleted. The maintainability and scope of such a request will depend on the specific facts of your case

Q: What they filed on us in 498a are false allegations

My wife filed 498a on me and my mother. She is in a relation with other person I dont know physically but lot of calls were there around 420 in a year. How I can move fast trial as they involved my mom in the case. Now they are framing the false witnesses. I would like to know in the whole complaint if they failed to prove a single point also total case will collapse or will they continue. Ex: She mentioned every month forcedly I am taking her salary from her account to my account but it never!

Advocate B. Harish Kumar Goud answered
If the allegations made in the 498A complaint are false, you should contest them with documentary evidence, bank statements, call records, and effective cross-examination. Merely because one allegation is not proved does not automatically mean the entire case will fail; the Court will examine whether the essential ingredients of cruelty, harassment, or dowry-related demands are proved beyond reasonable doubt. If specific allegations such as forcible transfer of salary are demonstrably false through bank records, the same can seriously affect the complainant's credibility. You may also seek expeditious disposal of the case by filing an appropriate application before the trial court, particularly highlighting the hardship caused to your elderly mother.focus on evidence rather than assumptions regarding any alleged relationship, and ensure that all false witnesses are thoroughly cross-examined during trial.