Advocate Harsh Kumar Patidar

Questions Answered by Advocate Harsh Kumar Patidar

Q: No divorce but financially security

Don't want divorce but want financial security from husband

Advocate Harsh Kumar Patidar answered
You can file application for maintenance under Section 125 CrPC at the Family Court. The court will order the husband to pay somewhere around 25percent of his salary as a maintenance to you if you are not capable to earn and maintain yourself.

Q: Harassment on talking to a lady

I have been talking (chat & video) to a married lady I met on social media with her consent. No physical relationship between us; however, sometimes had romantic talks on video. Her husband is now threatening me with police complaint or to pay him money. Have I done any crime? How to get out of this.

Advocate Harsh Kumar Patidar answered
This is not an offence under any existing criminal law. The husband cannot file any FIR against you for this. However, if a false FIR being filed by the lady then in that case save screenshots of the chat for future reference.

Q: How can I avoid fake SC\ST case

How to avoid fake SC\ST allegations made by females.

Advocate Harsh Kumar Patidar answered
If a female has lodged an FIR against you in SC/ST Act then you have to proceed as per following steps:-Step 1. Get an anticipatory bail so that you don't get arrest during investigation and trial courtStep 2. File an Discharge application in the trial court. Step 3. File an Quashing Application under Section 482 CrPC before the High Court. The High Court shall stay the proceedings and on merits may quash the FIR and the consequential proceedings of the FIR

Q: for bail or case close from high court

mere bhai ka bhopal me case chal rha tha jo ki close ho chuka he or usko dhara 302 ke tehet ajivan karawas ki saja sunai gyi he or charges bhi lage he to ab kya kru kuch samajh ni a rha he

Advocate Harsh Kumar Patidar answered
अगर आपके भाई को सजा हो चुकी है तो अब आपको हाई कोर्ट में अपील करना रहेग। अपील के साथ आप जमानत आवेदन भी लगा सकते है। अपील में पहली सुनवाई पर निचली कोर्ट के दस्तावेज बुलवाएंगे जाएंगे। दूसरी सुनवाई पर जमानत पर बेहेस होगी। जमानत स्वीकार हो जाती है तो आपके भाई को अपील के निराकरण तक जमानत पर छोड़ दिया जाएगा। अपील की सुनवाई बहुत सालो बाद होगी पर जमानत पहले ही दे दी जाएंगी

Q: Need Suggestion and good Lawer too.

My husband's girlfriend filed a fake 494 on her husband and dragged my name into that 494 case. Just because my husband dont want to return my dowry money and all the stuffs which was given by my parents in the marriage. And my husband is using that 494 FIR in my divorce case which is filed by my husband. He is putting false allegation on me. I dont have brother. My parents are more than 60-year-old and I am taking care of my parents. Please suggest me what should I do in this situation.

Advocate Harsh Kumar Patidar answered
If you have any evidence regarding illicit relationship of your husband and his girlfriend then you can use the same in both the proceedings. You should follow the following steps :Step 1: In Section 494 CaseYou can file a quashing petition under Section 482 CrPC before the High Court for quashing the false FIR of Section 494. The proceedings in the trial court will be stayed during the meantime. Step 2: Defend in Divorce CaseYour husband would need strong evidence to prove any illicit relationship of yours with other person in your Divorce Case. Merely filing of an FIR is not a prove in itself. You would not get much problem in that case. Contact us to know a detailed legal solution for this.