Advocate Pipli Datta

Questions Answered by Advocate Pipli Datta (50+ answers)

Q: False accusations after mutual divorce settlement

I m suspecting a false allegations of child abuse from my ex-wife of child abuse (daughter 5yrs) after our mutual divorce and one time settlement last January. What should be my defence as now i m scared to take weekend day time custody of my daughter as per my visitations rights agreed in settlement. Child is completely under her influence & get very scared of her.

Advocate Pipli Datta answered
If you abide by the consent terms stringently then there is nothing to be worried of. If it’s day time custody keep a trusted relative with you while you spend time with the child and make sure your wife signs a time sheet that you maintain for the child access which says that you safely handed over the child post access. Nowadays law is not necessarily women centric.

Q: What will happens if nri buy agricultural land in india?

i have purchased agriculture land in the name of my wife who is curtly staying with me out of India. She will go and settle in India permanently after 6 months. Is there any problem with this? if at all there is any problem what can be the consequences of nri buying agricultural land in india like how much penalty i need to pay or any other consequence possible?

Advocate Pipli Datta answered
If she is a NRI she cannot buy agricultural land in India. She can only get it by way of inheritance. Please try and get approval from RBI for the purchase she has made. First of all find out whether she qualifies as a NRI in the last financial year. Has she satisfied the criteria for being assessed as a NRI?

Q: False FIR (498A,523 etc) to be Quashed

Hi,nmy ex-wife filed a false Dowry demand/DV case via an FIR in Mumbai during our dispute. After sometime we did out of court settlement and filed a mutual consent divorce application ,in which she explicitly agreed that she will withdrawn the FIR filed against me and my family unconditionally (This point is also mentioned in divorce decree) But recently i got to know that the case is still on and the dates are extending since last 3 years.What could be the best way to close this FIR in legal prospective.

Advocate Pipli Datta answered
The consent terms filed in the mutual divorce should have contained a clause to say that she would give consent for quashing the FIR in High Court. Only after you obtained the order for quashing should you have filed your final affidavit and got the mutual divorce pronounced. Now you should file a miscellaneous application in family court to point out that quashing was not done as compliance. If you do not get that done then the criminal case will never get quashed.

Q: Regarding Future Validity of Mou On Stamp Paper

If any agreement is signed on which it is written that dowry neither taken nor demanded then can it debbared to file cases again in future if dispute arises again

Advocate Pipli Datta answered
MOU is not legally binding in court. This is done to establish the bonafide between parties. But even after that you cannot prevent us he other side from filing cases. If dispute arises in future then parties are free to take legal recourse.

Q: Reply to legal notice contested divorce

How can I send legal reply to contested divorce notice.. i also want divorce hindu

Advocate Pipli Datta answered
You have to appoint a lawyer who will draft and send a reply on your instructions to the other side. It is important to reply within the time frame in the notice otherwise it may be construed that you have accepted the allegations set in the notice.