Advocate Nishtha Pathak

Questions Answered by Advocate Nishtha Pathak (25+ answers)

Q: Subject: Urgent Legal Help Needed for Domestic Violence Case

Hello Sir/Madam,My name is Sudha Singh. I have been married to my husband, Umeshwar Sharan Singh, for nearly 23 years. He frequently consumes alcohol and has subjected me and my daughter to physical, mental, and verbal abuse. His family members also interfere in our private matters, demand money from my family, and use abusive language.My husband has also shared our private conversations and photographs with others without our consent. Recently, the abuse and demands for money have increased

Advocate Nishtha Pathak answered
It appears that you have been subjected to physical, mental, verbal, and economic abuse by your husband, along with interference and harassment by his family members. You may seek legal protection under the Protection of Women from Domestic Violence Act, 2005, including protection from further abuse, monetary relief, compensation, and residence rights. If your husband and his relatives have been demanding money, using abusive language, assaulting you, or sharing your private conversations and photographs without your consent, you may also file a police complaint and take appropriate legal action. It is advisable to preserve all available evidence, including messages, photographs, recordings, medical records, and details of incidents, so that suitable legal proceedings can be initiated for your protection and relief.

Q: Inharmonious relationship of wife with husband and inlaws

My wife is having an inharmonious relation with me and my parents since last one and half year since birth of our child. For last few months she has started using highly abusive language towards me and my family. She doesn't allow me to visit my parents with child or even send my child photos to my sister and parents also and keeps everything related to child under her control. Due to recent abusive escalation by her I had to leave the house today. What should be my next step?

Advocate Nishtha Pathak answered
From a legal standpoint, you have options: if you wish to restore the marriage, you may consider initiating proceedings for restitution of conjugal rights; however, if the behaviour continues and reconciliation does not seem viable, you can explore judicial separation or divorce on the ground of cruelty. Importantly, you have equal rights over your child, and denial of access is not legally sustainable so you may approach the appropriate court for visitation rights or interim custody. At the same time, I would caution you to remain prepared for any counter-allegations, including under Section 498A IPC or domestic violence laws, and therefore it is advisable to consult a lawyer proactively and be ready with a defensive strategy if required. As an immediate step, you may consider sending a polite and well-drafted legal notice seeking restoration of matrimonial harmony and access to your child, which will also reflect your bona fide intentions. If there is still scope for resolving the matter amicably, mediation or counselling should be attempted; otherwise, you should be prepared to take appropriate legal action to protect your rights.

Q: Auction Property Buyer From Capri Global Capital Limited

In November 2025, I successfully won the bank auction for a property located at Gram Chhipawad, Harda, consisting of 8 Flats and 2 Godowns. I fulfilled my contractual obligations by depositing the full auction amount of Rs. 51,00,000/- (Fifty-One Lakhs) immediately. Despite receiving the full payment, the bank showed extreme negligence and caused an illegal delay of several months in issuing the Sale Certificate, which is a direct violation of auction guidelines and SARFAESI norms. Bank give me sale certificate on Feb. 5This initial delay pushed the registration process significantly. Finally, when I file a complaint on RBI, the bank Registered the registry on 11 March When I approached the Authorized Officer (Satyendra) on 24th March 2026 to collect the keys following the registration, he did not flatly refuse but began using delay tactics, stating they are "arranging" for the handover.

Advocate Nishtha Pathak answered
I advise you that the conduct of the bank and its Authorized Officer is legally unjustified and amounts to deficiency in service and violation of their statutory obligations under the SARFAESI Act, 2002. Since you have already deposited the full auction amount and the Sale Certificate has been issued and registered, your ownership rights are complete, and the bank is bound to hand over vacant and peaceful possession without delay. The continued withholding of keys on vague grounds is arbitrary and amounts to wrongful retention.I advise you to immediately issue a legal notice demanding possession within a fixed time, failing which you may initiate proceedings before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act seeking possession along with compensation and costs.

Q: Pvt Ltd Company alleged me for Software code Leak

My Company alleged me for code Leak they say due to the code which I only do public on my github account could financial loss but I don't sell to any competitor or anything else I dont sign any non disclosure agreement, intellectual property not sign offer letter I get only salary for my work I ask for leave due to ny father death 25 day they neglect and after 7-8 month of that they complaint in police station I already goto theri office handover code but they force me to sign an agreement inPS

Advocate Nishtha Pathak answered
Based on the facts provided, the allegations of “code leak” appear legally weak in the absence of any executed Non-Disclosure Agreement or Intellectual Property assignment, and mere uploading of code on a public platform like GitHub does not by itself constitute a criminal offence unless dishonest intention, wrongful gain, or proven financial loss is established. The delayed complaint, lack of evidence of commercial misuse, and absence of contractual restrictions significantly dilute the company’s claims, making the matter at best a civil dispute rather than a criminal. Refrain signing any further documents, especially those obtained under pressure at the police station, as such undertakings may be challenged on grounds of coercion under the Indian Contract Act, 1872. You are advised to immediately secure all relevant records, including employment communications and GitHub history, and to engage an advocate to take appropriate steps, including seeking anticipatory bail if required and issuing a formal legal response to the complaint.

Q: Wrong vigilance case due to wrong meter, repeated illegal billing desp

Hello Sir/Madam,I have an electricity case involving a wrong vigilance order (single-phase meter vs 3-phase), repeated billing of same amount despite payments, and incorrect sanctioned load increase. I want to file a complaint with CGRF and possibly High Court. Can you please advise on viability and estimated fees?Thank you.

Advocate Nishtha Pathak answered
You have a valid and maintainable grievance against the electricity department. A wrong vigilance order relating to a mismatch between a single-phase and three-phase meter, repeated billing of the same amount despite payments, and incorrect increase in sanctioned load constitute clear cases of deficiency in service and arbitrary exercise of authority by the distribution company. You may first file a detailed complaint before the Consumer Grievance Redressal Forum (CGRF) under Section 42(5) of the Electricity Act, 2003, enclosing copies of the wrong bills, payment receipts, meter details, and the disputed vigilance report. The CGRF has jurisdiction to examine such billing and metering disputes and can direct correction of bills, refund or adjustment of excess charges, and withdrawal of unjustified penalties. If the CGRF fails to grant proper relief, you can approach the Electricity Ombudsman (India) under Section 42(6), and thereafter, if still aggrieved, move the Hon’ble High Court under Article 226 of the Constitution of India challenging the arbitrary and non-speaking vigilance order. The case is legally viable, provided you maintain proper documentary evidence.