Advocate Pankaj Bajaj

Questions Answered by Advocate Pankaj Bajaj (700+ answers)

Q: Does Expartee Divorce not carry the same impact of simple divorce

Someone told me expartee divorce is good for nothing; Kindly suggest is it not like any other divorce? fyi - I know about set aside rule.

Advocate Pankaj Bajaj answered
An ex parte divorce decree is a valid court decree like any other. It is fully enforceable unless set aside by the same court or reversed in appeal. Mere ex parte nature does not make it invalid or ineffective.

Q: How to face Trial in BNS 85, 351, 352, 115,

Can anyone please guide me how to face trial in BNS85 case. My chargesheet is filed. And most of the allegations in the FIR are vague and baseless. How should I face trials and what things I should keep in mind during trial.

Advocate Pankaj Bajaj answered
If the charge sheet is filed, contest the case through effective cross-examination, highlight contradictions and lack of evidence, preserve all defence material and attend every hearing. Seek discharge if legally maintainable.

Q: Suggestion on deadlock situation die to processes of Court and Police

My exparte divorce case and property ownership case both are on evidence stages.The relevant police report was duly submitted as evidence in my property dispute case, but the Police officer left the court premises before the matter was heard by the Judge. To utilize this certified report in my concurrent divorce proceedings, the current Judge of property case has mandated the officer's presence. Hence both of the cases are on on dead-lock. Any suggestion will be highly appreaciated.

Advocate Pankaj Bajaj answered
File an application seeking summons/bailable warrant against the concerned Police Officer. Also request the court to accept the certified police record or summon the record directly to avoid further delay.

Q: NRI DIVORCE CASE - Travel advisory to India

Hi, I'm an NRI based in London. I got married in India in 2020 and my wife and I moved to London. At the moment we are both UK citizens. I filed for divorce in London and there's an active case going on here. But my wife's family have started parallel litigation in India. Is there a travel risk if I need to go to India anytime? Can they turn the civil case into a criminal case and get me into trouble?

Advocate Pankaj Bajaj answered
A pending divorce case in the UK does not by itself create travel restrictions in India. However, if any criminal case is filed and coercive orders are passed, issues may arise. Verify pending cases before travel and contest any false proceedings

Q: I was wrongful confined and extortion amount was made signed in streas

They went to police station and filed the complaint against me of theft and fraud accusation...but it was wrongful confined and also criminal activities happened to me phone snatched, endangered to life ,threat to life and also ...but police is not considering the fact infact in my cross complaint the see prima facia and disposed my case on online cm portal . But i appelled and went to higher authorities.now police was asking for dcp permission for escalation.

Advocate Pankaj Bajaj answered
Since your cross-complaint has been escalated, pursue it with supporting evidence, medical records, witnesses and call records. If police fail to act fairly, you may approach the Magistrate under applicable provisions for appropriate directions.