Advocate Nitin Bansal

Questions Answered by Advocate Nitin Bansal (25+ answers)

Q: The period of interim bail will be considered as part of the period of detention (custody).

If a person is arrested, sent to judicial custody, released on interim bail for a period of two months, and then again sent to judicial custody, will that two-month period count as a period of detention (custody) under section 167(2) of CrPC? Additionally, will that person be entitled to default bail or not?

Advocate Nitin Bansal answered
Hello,If a person gets arrested, send to judicial custody and if he gets released on interim bail, it does not mean that he would be entitled for regular bail. Regular bail can be granted on the facts and circumstances and merits of the case. If the person/accused duly abide by the conditions of interim bail and surrender himself before the court or jail authorities, then it would be a plus point for him.

Q: Maintenance for daughter under section 125

I am not yet divorced but living separately with my daughter. There is no divorce case going on. I had filed a case for maintenance for my daughter in 2016 under section 125. Till now I have not got any interim maintenance too. My daughter is turning 18 in Dec'2019. My husband deliberately delayed the case this long and has mentioned that once daughter turns 18, he would not have to provide any maintenance. Pls guide. Is it that under section 125 my daughter is not eligible for maintenance once she completes 18 years. If so is there any other way under criminal proceedings like 125 where I can claim maintenance till she is married?

Advocate Nitin Bansal answered
Hey,You need to quickly file a petition for execution. Your partner has to pay the maintainence for your daughter. The concerned court will ask the respondent to pay otherwise he will be punished. Rest can be discussed over the call or a legal meeting.

Q: My wife theaterning to file a case of 498a and DV

Its just 7 month since marriage.Wife has been threatening since very fst day of marriage that she will complain in police and put all family in jail and will take huge money and also sometimes threatens that she will file a case of 498a and dV. My parents are living in MP and we are in Noida. Both couple are working.Please suggest what to do?Wife is inhuman-emotionless and since marriage they have no intimacy.Wife says that till 2 years she cant be physical.Please suggest ..

Advocate Nitin Bansal answered
Hey, you need to write an application regarding the misbehaviour and threats and give it to your nearest concerned police station. Get an acknowledgement of that written complaint from the police officials. Rest can be discussed over the call or a legal meeting.

Q: 498 A & D.V is pending in court

498 a (Charges Framed) currently at the Prosecution Evidence stage. But I.O had been bribed by accused so I.O has dropped one name from FIR and 406 IPC from the charge sheet. The facts of the report are not correct so should we file a Protest Petition against the I.O ? If yes then Complainant's presence is compulsory or not since she has received the summon from the court? What will be the impact if the complainant does not appear at the Prosecution Evidence stage and her Lawyer files Protest petition on her behalf ? Now please tell that can complainant be absent in the court at the Prosecution statge of 498a ? What may be the consequences ?

Advocate Nitin Bansal answered
you should file an application for the cancellation of bail under the provisions of law against the accused. further you can also file a fresh application for the offence chargeable for giving threats and misbehaving. rest can be discussed over a call or a legal meeting.

Q: What to do in case buyer backs out of sale agreement

Signed 'agreement to sell' and got advance.the buyer did not give balance payment on due date. Agreement did not have any clause for forfeit of advance. Please advise what to do

Advocate Nitin Bansal answered
You can simply visit to your nearest Police Station and file a complaint against him and also get an F.I.R. registered against him. There are many ways to get him punished legally if you have every documentary proof which supports your statements. Rest csn be discussed over a call or a legal meeting.