Advocate Mamta Devi

Questions Answered by Advocate Mamta Devi

Q: I want to file a writ pention in high court for issuing writ of mandam

I want to file writ pention in high court for issuing writ of mandamus to DGP for taking action on my complaint against police officers my budget 12 k to 15k I also want to file complaint against my previous lawyer for fraud and a complaint in state bar council for misconduct I can not come in high court I will pay half money before work and half after work

Advocate Mamta Devi answered
Hello dear Before filing a case, you should familiarize yourself with the entire process through your lawyer. This helps you determine whether the lawyer is capable of handling your case. While lawyers are professionals, it's important for you to stay informed and aware, as there are good and bad individuals in every profession. If you want relief, you will need to do all these things.

Q: Correct time file for section 13

Sir, I got section 9 exparty order in mar 20 and living separately since Jan 19. But I filed divorce on ground of cruelty and adultery in Oct 20. Opposite party advocate approached to high court and saying before 1year I can not go in Divorce before 1 year of exparty section 9 order. What is correct? Pls suggest.

Advocate Mamta Devi answered
Firstly the divorce petition normal circumstances should be filed after 1 year of marriage and secondly unless there exists sufficient evidence of cruelty or any other ground available for divorce the husband should not file for divorce.The wife is threatening him of dowry demand, so let her first file complaint against him of dowry demand or cruelty.The mere threat of filling such complaint doesn't mean anything unless she does take steps in this regard.The evidence of actual filling false criminal complaint is valid ground for divorce and when the complaint of wife fails in the court, the husband gets valid ground of cruelty for seeking divorce from her.

Q: Child sexual abuse case age 5 years and secti added by police 377, 506

POCSO Case - Police put FR in FIR and then we asked to SP to reinvestigate. She opened the case but after almost 5 months done, police is not sending chargesheet to the court and saving accused.. Wrong sections they added How can I get help from the court.

Advocate Mamta Devi answered
POCSO cases deals with extremely serious offences against minor children and there is no compromise unless the matter relates to minor incidences in family that lead to complaining about it to police authorities.The complainant agrees to speak the truth has to be seen with context of the chargesheet filled in the case, if the court find that no serious offence committed against the minor child and the complaint was not based on sufficient irrefutable evidence the complaint will be dismissed.

Q: Same person filing 498a case and divorce under 13a

My wife has filed false 498a case,then 125 crpc and now she also filed divorce under 13a hma.no case done by my end.i want to understand the outcome of it.does 498a become weak if she filed divorce?

Advocate Mamta Devi answered
He may have told you lie about his employment with TCS.In court proceeding telling lie on oath is offence of perjury that can lead to 7 years imprisonment and fine for person making false statement on oath and by stating falsely on oath by way of affidavit under section 193 IPC .The only thing you can do in such case is to check with TCS authorities about his job with them and for that contact the HR department of TCS head office.

Q: My husband is seeking divorce, I don’t want it.

I am 30 yr old, recently relieved from Asst manager post in a Public Sector Bank, mother of a 2 year old. Soon after my relieving in May’23, my husband manipulated me in going to my maternal home saying he is burnt out and things are very hectic at work so please give me a break for some days. I complied and after 15-20 days he said i want to divorce you and plz dont come back. I came back anyway to noida after couple of months but he is living separately in delhi and visits on sundays. Plz advs

Advocate Mamta Devi answered
Yes you can file DV complaint again but the ground on which you file fresh DV complaint should be recent incidences of domestic violence not those domestic violence incidences which were part of previous DV complaint case and were compromised between both parties and that DV complaint was withdrawn.