Advocate Nishtha Agarwal

Questions Answered by Advocate Nishtha Agarwal (25+ answers)

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.

Q: Tenant illegal possession over my House and denying to vacate

Agreement is over, legal notice is over but tenant is denying to vacate. Main party is leave the house now daughter illegal take possession and deny to vacate. Complain in police station is also served. Can we submit a complaint to electricity dept that we are not responsible for bills ?

Advocate Nishtha Agarwal answered
Hello. In such a case you will have to file the recovery of property (possession) suit before the court/ rent controller. This is not a case where police will intervene or even where electricity department can help you. Though this is a time taking process, but if your case falls under Rent Control Act ( depending on location of property and value of rent), then it can be comparatively a speedier process. Please feel free to reach out to us for further help.