Advocate Madhav Shankar

Questions Answered by Advocate Madhav Shankar (25+ answers)

Q: Urgent Advice Regarding Police Matter

I am a female, 21 yrsold, residing at Bhondsi, Gurugram. I am a student at Delhi University and currently staying with a friend in Kolkata. The local police station has contacted me, stating that my parents have filed an FIR against me under Section 346 of the BNS despite knowing I'm in Kolkata, they are asking me to visit the police station ASAP to be taken to the District Magistrate they are not providing me the full details of the case.What shall i do as i am mentally and physically not fit

Advocate Madhav Shankar answered
Section 346 bns is a bailable offence. You can call the investigation officer to ask more about the case or approach the relevant magistrate. The district magistrate has no involvement in matters of criminal nature. You would likely have to go before the local area magistrate at the court.

Q: In 117(2) how I know charge sheet is submitted or not in court

In bns 117(2) how I know charge sheet is submitted or not.Accused also got bail

Advocate Madhav Shankar answered
You can go to the relevant court with the FIR number and ask the reader what stage is rhe case in or check online for the same. Or you can call the investigating officer and ask for whether charge sheet has been filed.

Q: Maintenance to earning wife under section 125

My salary is Rs 65000/ monthly . 1 minor child and wife staying separately, divorce case ongoing. Already paying 15 K as maintenance as per court orders in DV case to minor child. Wife is earning 4 times high salary 2,50,000/ monthly. My total bank deposit is approx 1.1 cr and wife's bank depot should be 1.5 cr. After 19 yrs of employed my wife got fired from job 30 days back . will court order further maintaiance as a new case filed in 125 crpc. Wife staying on rent and I stay at parents house

Advocate Madhav Shankar answered
Under the landmark Supreme Court judgment in Rajnesh v. Neha (2021), the court mandates a comprehensive Disclosure of Assets and Liabilities. Your wife’s 19-year career and previous salary of ₹2.5 Lakhs/month establish a high earning capacity. Courts increasingly rule that a highly qualified woman cannot sit idle and claim maintenance if she is capable of supporting herself, especially if her unemployment is recent and likely temporary.

Q: Possible Conflict of Interest & Bailable warrant Issued in 498A Case

It has come to my knowledge that my lawyer, Amit Chaudhary, is associated with the opposition party. Additionally, in my sister’s case under Section 498A, a bailable warrant has been issued. Kindly advise on the appropriate legal steps to be taken in this matter

Advocate Madhav Shankar answered
You should get an NOC from your lawyer, get your case files back, find a new lawyer and have your new lawyer file your Vakalatnama. For the bailable warrant, you should file for cancellation of warrant or get the release on a bail bond.

Q: Filing police comlaint again fake medical doc submitted by wife

I filed divorce case against my wife on the basis on self-incriminating, explicit video recorded by her.In reply, she said the video is fake and she was in another town on the day of the incident. She submitted a medical prescription of dentist as proof. Our lawyer suggested filing complaint in PS because she has submitted a fake medical document.Can I file police complaint against her/doctor or both based on same self-incriminating video that was used as evidence in divorce case?

Advocate Madhav Shankar answered
Yes, you can certainly take legal action. If the medical prescription submitted by your wife is indeed forged or fabricated to create a false alibi, it constitutes a criminal offense under the Bharatiya Nyaya Sanhita (BNS) for forgery and using a forged document as genuine.Regarding the doctor, if it is proven that they knowingly issued a false certificate to assist in a legal proceeding, they can be prosecuted for issuing a false certificate and abetment.