Advocate Parul Singh

Questions Answered by Advocate Parul Singh

Q: Brother in law and wife tried to damage health and property

If my wife and my brother in law, wrongfully tried to cause me hurt after a nearly fatal accident and then filed a false case, what IPC can I file against the brother in law?

Advocate Parul Singh answered
You can file a police complaint against your brother-in-law for voluntarily causing grievous hurt; attempt to murder. Reporting the commission of a crime is the foremost step in setting the criminal law in motion. Alternatively, you can also file written complaint before a Magistrate about the offence committed.

Q: Harassment by CARS24 and negligence after sale of car to them

Hi, i am working female and to avoid rushing here and there, and getting charmed by the advertising of CARS24, and sold my 5 year old car to CARS24 in jan 2023 at an amouny of rs.3.33 lakhs for hasslefree experience. I also handed over 2 original car keys, car RC, insurance papers etc. to their Representative. They immediately handed over me the amount due to me. However, till now i.e 17 march 2023, the RC transfer and insurance transfer is not done by them, which they promised while finalising the deal. 2 days ago, i got a call from dealer, who claims to be a channel partner of CARS24, that the then was with him and it has been stolen from his custody. He asked me to proceed on for insurance claim, which i denied, since i have sold the car to CARS24. However now i am more worried for misuse (murder/terrorism/crime) of that car, as i am still an owner of that car as per RTO record. Please help me with guidance, so i can protect my self from future unwanted situations.

Advocate Parul Singh answered
The first step in any type of consumer conflict is to send a legal notice to the accused party. Every aggrieved party must send a legal notice to the accused person regarding a deficiency in services and/or unethical business practices. A legal notice is issued to determine whether the accused is ready to acknowledge the mistake and offer payment of compensation for the consumer’s unjustified loss.If the accused person does not respond to the legal notice in under 30 days, or plainly disregards or refuses to take action on the conditions imposed in the notice by the aggrieved, the aggrieved has the absolute right to redressal through an appropriate consumer commission or court.

Q: My wife left matrimonial home in nov 2020, i tried to convince her a lot by visiting her, but in my

My wife left matrimonial home in nov 2020, i tried to convince her a lot by visiting her, but in my last visit in dec 2021, I brought my son back with me by requesting her, as my son gave some hint that he is not happy there, still tried to convince her on phone many times to come back, but she doesn't want, so i sent a divorce notice on Mar 2022, & she filed a complaint with mahila thana,I went there clarified in may 2022. She came to delhi in june living separately started doing job, also started to ping me for meeting my son, met her 3-4 times in restaurant, I insisted her to come back, but she didn't agree, I took my son along with me 2 times to meet her, got the 1st hearing on May 2023, she is only for my son, now she is saying let's head for mutual, I lost my business & jobless now, my son doesn't want to go with her. nhow to get this drafted for mutual, now what is the process for the same,also need to remove my prior petition for which i got the date.kindly advice

Advocate Parul Singh answered
The petition on any of the grounds mentioned under section 13 can be converted into one section 13-B by way of amendment, if both the parties mutually agree and sign it. However, the requirements of section 13-B must be fulfilled:a) parties are living separately b) one year or more has passed living separately c) both agree that their marriage should be dissolved d) petition for divorce should be by both parties e) the consent should not be withdrawn by either parties within six months or hearing of the case whichever is earlier.

Q: Need help! False case against me.

HinMy wife left me one year back. Now she put case section 9 under me. She is not interested from day1 of our marriage. Family counseling, breakup and patches happen 4times. She is doing emotional cheating and abusing me. Claiming I have ED problemI am not interested to continue. How to handle the situation? Is there any chance to go for impotent test request by her even after section 9 by her?nnPlease help me Out.

Advocate Parul Singh answered
The court cannot force the person who has withdrawn from the society of the other to stay with the aggrieved person who has instituted the petition for Restitution.Also, you can file for divorce petition against your wife in case you don’t want to reside with her in future.

Q: What if 164 statement doesnt contain any offence that was in FIR

Dear All, I had a question. I have section 506 on me where the lady has written that i had threatened her in FIR but in 164 that is not present. In FIR also sexual advances are written but in 164 threatening and sexual advances both are not written. Even the months mentioned in FIR are not present in 164.But in 161 these allegations are shifted to a different month as compared to FIRWhat to do in such cases.

Advocate Parul Singh answered
The discrepancies between the FIR and any subsequent statement under section 164 of the CrPC cannot be a ground for discharge without initiation of trial.However, it may be taken as defence at the stage of trial.