Advocate Mamta Devi

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Questions Answered by Advocate Mamta Devi

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.

Q: How to get separated from husband

I am a working women .I have one daughter of 4 year and expecting second as I am pregnant. I want to get separate from my husband but I want some money from my husband salary every month as I will have to bear all expenses alone,I will keep my both child ,I will not give children to my husband as he is alcoholic and not responsible enough.

Advocate Mamta Devi answered
Divorce by mutual consent petition is jointly presented by both husband and wife in the Family Court and not individually by either of them.The statement of both parties is recorded at the time of first hearing by the court and 6 months time given to both parties to return back for final hearing of the divorce petition and decision of the court.

Q: I m 19 now I have had witnessed domestic violence throughout my childhood. My father was physically

I m 19 now I have had witnessed domestic violence throughout my childhood. My father was physically and verbally abusive towards my family(my mum, lil brother n me), causing severe trauma. I need legal help to initiate divorce and obtain a restraining order for our safety. Guidance on pursuing alimony and maintenance expenses is crucial for our financial stability. Seeking compensation for the hardships caused by my father\'s actions is also necessary.

Advocate Mamta Devi answered
Yes it does happen in some cases where the wife is seeking divorce and the husband resist her attempt rather makes difficult for her to sail through smoothly.In such cases the weakness of the husband need to be explored and used to make him agree for divorce by mutual consent.If there's no weakness strong enough to make him agree for divorce then you need to agree to his terms for getting his consent for divorce.I know for you payment of his demands may not possible but if he's already in trouble for creating trouble for you during your stay with him, that you can explore and discuss with competent senior lawyer for using it for your divorce case.