Advocate Nishtha Agarwal

Questions Answered by Advocate Nishtha Agarwal (25+ answers)

Q: Maintainence amount clarification

My brother was directed to pay Rs 7000 per month to his working wife towards the child by Delhi High Court under sec 24. Later family court directed him to pay Rs 5000 per month under sec 125 crpc.. Now my wife went to supreme court and the SC modified the high court's section 24 order from Rs 7000 per month to Rs 10000 per month..So how much do I have to pay her every month.

Advocate Nishtha Agarwal answered
If the Supreme Court was informed that Rs. 5,000/- per month was already being paid under Section 125 CrPC, then ordinarily only the enhanced amount of Rs. 10,000/- may be payable and not both amounts cumulatively. However, this depends upon the exact wording of the Supreme Court order.If the Supreme Court was not informed about the earlier maintenance order, you may seek clarification/adjustment before the concerned court to avoid double payment. Secondly, you can also inform the Family Court about the subsequent Supreme Court order and seek modification of the maintenance order under Section 125 CrPC, which is a comparatively easier remedy and can be pursued even before the next date of hearing.

Q: Name Removal Application For Parents In Dv Case

Can a name removal application in dv case be put before summoning of parents so that they should not be summoned....and if yes what are the ground of for name removal. Is there any specific section that deals with name removal?

Advocate Nishtha Agarwal answered
The names of parents can be removed by filing a discharge application under Section 239 of Criminal Procedure Code. We have to show that there is no case made out against the parents and that opposite side (Wife) has filed the case only to harass your parents. This is typically done if summons have already been issued. If summons are not yet issued, we can argue the case at the pre-summoning stage to show that there is no evidence at all against your parents and that the case against them is false and frivolous. We will not need to file an application at this stage. Only through arguments, it can be shown that no evidence is there.

Q: CRPF se removel from service kiya gya uske uske against pension ki maa

Mera dupti singh h, Bharatpur Rajasthan ka rahne wala hu, 19/06/2004 ko CRPF m bharti hua, 17 saal 5 mahine nokri ki,, nov 2021 m mujhe removal from service kar diya gyaReason:- maine duty join nhi ki kyuki Mera right leg ki surgery huyi thi iss vajah se pair bekar ho gya h isliye maine duty join nhi ki mujhe removal from service kiya .... Mai pension ki maang kar rha hu sir

Advocate Nishtha Agarwal answered
In this matter - a case will be filed - to show dismissal galat tha and rejection of pension bhi baseless hai. Pension reject nahin hua hai kisi bhi disciplinary proceeding ke under then aapka right hai pension ka. Uske liye case has to be filed pension ki maang karne ke liye. Aap apne case ke details share karein, we can guide you and file the case.

Q: Dismissal/Discharge In Dv Case

Is the any section or rule under which discharge/dismissal application can be put for husband in dv case ...like 239 or order 7 rule 11 or anything else.and if yes what are its grounds

Advocate Nishtha Agarwal answered
In a (mDV case, a discharge application can be filed to seek dismissal of the case when the respondent (accused) believes the prosecution's evidence is insufficient or contradictory. This is typically done under Section 239 of erstwhile CrPC ( and not under O7R 11, CPC (which applies to civil cases) which allows for the discharge of an accused if the evidence is not sufficient to warrant a trial. The court will consider the evidence and determine if the allegations are groundless, potentially leading to a discharge order. Basis the facts of the case the grounds can be taken and framed - typically to show that the case is motivated and there is not even basic evidence to show prima facie ( on the face of it) that any offence has been committed. Please feel free to reach out to us regarding further help.

Q: Consumer Case DC/317/CC/7/2025

DC/317/CC/7/2025 - I want to know the current status of this case in simple language.

Advocate Nishtha Agarwal answered
Hello. Happy to help you with this query if this hasn’t been resolved as I see that two people have already responded. You can reach out to us on the contact details provided. Please feel free to reach out to us to seek any further assistance.