Advocate Naman Saraswat

Questions Answered by Advocate Naman Saraswat (25+ answers)

Q: What does case has been decreed with costs meaning ?

Case has been decreed with costs means what? suit is decreed with costs meaning what ?

Advocate Naman Saraswat answered
Hi,This means that the case has decided and the cost which has been prayed by the plaintiff has been awarded. The defendant is liable to pay such cost which is mentioned in the order. So if you are the petitioner you are entitled to seek the cost from the defendants as has been mentioned in the order or as prayed before the court.

Q: Police not arresting accused after FIR submitted how to proceed legally ?

I have submitted an FIR, medical reports, and injury photos, but the police are not arresting the accused after FIR. Why is this happening, and what should I do if the police are not taking action after FIR?

Advocate Naman Saraswat answered
Hello, based on the Code of Criminal Procedure (CrPC), the police have the authority to investigate and then submit their report to the concerned court. They are not obligated to arrest the accused immediately after FIR. Instead, the police may conduct an inquiry first, and based on the findings, they will decide whether an arrest is necessary. If you believe the police are not arresting the accused after FIR despite sufficient evidence, you can file a petition in the Magistrate’s Court, requesting an order to compel the police to arrest the accused.

Additionally, you may approach higher police authorities, such as the Superintendent of Police (SP) or Commissioner, or even file a complaint in the High Court if there is deliberate inaction by the police.

Q: Can husband force wife for divorce in india ?

Im Hindu.. i have been married from 2yrs.my husband asked me to give Mutual Divorce. But I didn't agree. He is having external affairs. when I came to know I talked with my in laws. they didn't sort it out. instead they are supporting their son. then I came to my parents house. after one month I Said to my husband ..Leave external affairs.. We can lead good life.. But he didn't agree ..He forced me to give Mutual.. I opposed for mutual.. Then he said give me some time ..But after 6 Months he send me Divorce notice in that he put all false alligations saying my wife is having external affairs. She is not taking care of my parents.. She is trying to suicide writing death note in my parents names.. And also he mentioned in that she may put false dowry case on my family members.. After getting divorce notice I failed FIR under dv act.. I'm not ready to give divorce​. can my husband force me to divorce ?,If I give mutual I'm a get any maintenance or composition or share from his property.. Since I'm working in govt job. bec he is earning mor

Advocate Naman Saraswat answered
Hi, the court would not entertain any divorce petition on the face of it. Upon filing of the petition the court would refer the matter to mediation where the parties would be allowed to discuss and reach an amicable settlement. You can mention the maintenance amount which you feel is required to meet you necessities at the time of mediation. Further if your husband further proceeds with the divorce matter you may file your reply and seek for maintenance. However generally maintenance is given to meet the needs of the women who does not have any source of income. However since you have a job you would have to substantiate your claim of seeking maintenance.

Q: Husband wife living separately from 2 years, how to divorce and remarry ?

I have marriage before 3 years my wife living separately for past 2 years I want divorce but her family not get divorce me so what can I do ?? If I live a relationship with someone so its possible ?? How can I get divorce?? How can I do re marriage???, if wife is not staying with husband for more than 2 years , is living separately a ground for divorce ?

Advocate Naman Saraswat answered
Hi,There are two options which are available to you;1. You may approach the family court by filing an application for restitution of conjugal rights, whereby you have an option to seek order from the court directing your wife to come and stay with you and if things work out between both of you, you may not need divorce at all.2. You may file application for divorce on the grounds that your wife has deserted you and is not willing to come and live with you. However you have to submit documents/ evidence to reflect the facts that she has been living separately for 2 years. If you are able to provide sufficient grounds that you have made all the efforts possible and your wife has refused to come and stay with you, court may grant you divorce.You can only marry once you have been granted divorce, in case you marry, your second marriage would not be considered as valid marriage.

Q: Consumer court case against titan watches

My native is krishnagiri, I send lawyer notice to titan watches co , hosur through local lawyer, and i got reply from from company. I would like to putup case against company at Bangalore consumer court, since i shifted temprorly to Bangalore . is it OK or else i have file only my native place . pls advice me

Advocate Naman Saraswat answered
Hi, since the watch was purchased in Krishnagiri, the consumer complaint also needs to be filed only in Krishnagiri. The consumer forum may not entertain the case as there is no cause of action arose in Bangalore and hence your complaint may not be entertained in Bangalore.