Advocate Bhawesh Chaudhary

Questions Answered by Advocate Bhawesh Chaudhary

Q: Whether to file RCR or section 9 of HMA if wife has abandoned

Is it safe to file rcr or section 9 of HMA as my wife had deserted me and takens my children with her from last 4 months

Advocate Bhawesh Chaudhary answered
It is good to file a restitution case, if your wife left you without any reason but if she has already filed some cases against you like 498a or dv act or if you don't want to live with her, then you should go for filing a divorce case on the grounds of cruelty and desertion. I suggest you to file divorce as no court in india can enforce a wife to live with you.

Q: Is an agreement written on plain paper legally enforceable

Sir i & my friend make a plain paper agreement (not on stamp paper not reg. Anywhere) tht i will pay him 10 lac. But due to some reason i cant give him money. Whn aggrement write down he make video recording of tht aggrement writing time. On this plain paper with political pressure police reg case FIR under 420 120. Bcz in 2014 he trf 3lac in my bank a/c but in 2017 i trf 2lac in his a/c. No any other written commitment. So sir i want to know is tht plain paper aggrement is valid with video recording in court to pay amt written in aggrement. Interesting thing is on 1 side plain paper all terms written abt money but on 2 reverse side on paper is tht" i m agree to liable this agreement " & sign but on 1 side on sign. will it say 1st side is not known to me in court wht is written? Is plain paper agreement is legal doc. Against me with video recording to culprit me? Sir plz suggest me what i do thks

Advocate Bhawesh Chaudhary answered
What is the basis of that agreement and what is the consideration. Please elaborate properly to understand the situations and the basis of that agreement. An agreement on plain paper is valid and he can file a case in court .

Q: Voting rights in a housing society

Hi I am living in a society where elections for president and other posts are coming I am living at my parents flat the chairman and team of election committee are implementing their own rules and saying that I cannot vote in the election so I want some help for the same

Advocate Bhawesh Chaudhary answered
You can check the rules and regulations of the society and if that infringes your right then you can move to consumer court as you are consumer and court can help you to get equal rights that are provided to other society members.

Q: Can Ipc 379 be applicable on phone snatching case or not

During an altercation one of the three accused snatched my mobile phone and ran away from my cabin. He dismantled my cellphone and threw the sims , battery and instrument on road. His motive was to restrain me from calling police. Later on some of my neighbours who saw him doing so, collected parts of my cellphone and handed over to me. My question is that if 379 ipc is applicable in this case or not. If yes then on what basis?

Advocate Bhawesh Chaudhary answered
Yes it is theft u/s 379 IPC and if the incidence is from Haryana or Punjab than there is more harsher punishment u/s 379a or b. There is a special enactment in these states to give more harsher punishment.

Q: remedies for non filing of FIR in 498A

I have filied a case of 498 A and Domestic violence against my in-laws and husband. My Mother in law took 8 lakhs from us and father in law took 2 lakhs. We have all trasaction details available but still complaint is pending in police station from 1.5 yrs..what do do now? All jwellary are in their possesion. We have attached bills for evidence. We met IPS officers too... But no action taken till now.

Advocate Bhawesh Chaudhary answered
You can give a complaint in women cell also and if no action was taken then file a private complaint in District court directly in your area by engaging an advocate. After looking into the matter, court will tell the police to lodge an FIR against these persons.