Advocate Pooja Yadav

Questions Answered by Advocate Pooja Yadav

Q: Interim Maintenance order if not executed by the husband

Provide me a judgement order that if husband is not paying interim maintainence on time then the wife should be rewarded with interest @18% p.a.

Advocate Pooja Yadav answered
If your husband isn’t paying the interim maintenance on time, there are a few ways to deal with it Court to Enforce the Order: You can file an execution petition to recover the unpaid amounts. The court can order him to pay the arrears and even attach his salary or bank account if necessary. Contempt of Court: Not paying the maintenance is considered ignoring a court order. You can file a contempt petition, and the court may fine him or, in extreme cases, order imprisonment until he pays. Magistrate / Family Court Enforcement If the order is under Section 125 CrPC, the Magistrate can issue recovery warrants to make him pay. Interim Relief You can also ask the court for faster or higher interim maintenance if the delay is causing financial difficulties. Make sure to keep proof of non-payment, like bank statements or messages, as it helps your case.

Q: what happens if discharge fails on 498a and what is the procedure of d

what happens if discharge fails on 498a and what is the procedure of discharge what happens if discharge fails on 498a and what is the procedure of discharge

Advocate Pooja Yadav answered
Even if your discharge application under Section 498A IPC is rejected, it doesn’t mean the case is lost or that you will be convicted. You still have several options to protect yourself.You can challenge this order by filing a revision in the Sessions Court or High Court, especially if the allegations are vague or exaggerated. Separately, you can approach the High Court under Section 482 CrPC to get the FIR or proceedings quashed if the case seems malicious or unnecessary.If the case goes to trial, you are still protected—arrest is not automatic, and bail can be sought. During trial, charges can be contested, and evidence or contradictions can be highlighted. In some situations, an amicable settlement can also help in getting the matter closed.In short, there are multiple ways to defend yourself, and with a proper legal strategy, your rights and interests can be safeguarded.

Q: Can names be removed from chargesheet from highcourt after charges are

Can names be removed from chargesheet from highcourt after charges are framed Can names be removed from chargesheet from highcourt after charges are framed

Advocate Pooja Yadav answered
Once a charge-sheet is filed, there is no legal provision for directly deleting or removing a person’s name from it. The criminal procedure does not permit such an administrative correction at the High Court level or otherwise. If you are aggrieved by your inclusion in the charge-sheet, the only remedies available are to approach the appropriate court through proper legal proceedings. You may either file a quashing petition before the High Court under Section 482 of the Criminal Procedure Code, seeking quashing of the proceedings insofar as they relate to you, or file a discharge application before the trial court at the appropriate stage. In either case, the court will examine the material placed on record to determine whether any prima facie offence is made out against you. Your name can be removed only if the court is satisfied that you have been falsely or intentionally implicated and that no offence is disclosed against you based on the evidence.

Q: maintenance while staying separate without legalized

Hindu wife, no child, separated (Not judicial) since 4 years, left his house due to neglect, bodyshaming n indirect constant bad behaviour. No legal case filed till now.If I m living separate, unemployed due to less to no work in my field, can I claim maintenance and still stay separate?? How?And what can husband respond legally if he does not want to do that?

Advocate Pooja Yadav answered
Since you have been living separately from your husband for the past four years without obtaining judicial separation or divorce, and during this period you have been subjected to body shaming and oral abuse by him, such conduct clearly amounts to mental and emotional cruelty under law.You are entitled to initiate legal proceedings under the Protection of Women from Domestic Violence Act, 2005 for mental harassment and emotional abuse. Additionally, you may file a petition for divorce on the ground of cruelty.Considering that you are currently unemployed, you also have the right to seek maintenance from your husband by filing an appropriate application along with the above proceedings

Q: Alimony chances in extra marital affair

I am married since 2009. I was 20 he was 37. Arrange marriage. My husband has multiple affairs. I got know very early but still I gave him chance. But he dint change. Lastly 2023 I left and moved to my mother home. Now I want divorce and alimony. We have daughter she live with me. So for our future I want money .he has heriditry property in Karnataka. I am working earning 15k. Please let me know what are the chance of maintenance and alimony as I need it for my daughter study and her future

Advocate Pooja Yadav answered
Husband’s alleged extramarital affairs, amounts to mental cruelty and is a recognised ground for seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Your decision to leave the matrimonial home in 2023 due to such conduct can be legally justified if supported by circumstances and evidence.You are entitled to claim maintenance and alimony for yourself and your daughter under multiple provisions, such as Code of Criminal Procedure, Section 24 and 25 of the Hindu Marriage Act, and Section 20 of the Protection of Women from Domestic Violence Act, 2005. The court considers your income, your husband’s earning capacity, standard of living during marriage, and the child’s educational and lifestyle needs. Your income of ₹15,000 per month may be considered insufficient for maintaining a similar standard of living.Hereditary property owned by your husband in Karnataka, though not directly divisible, can be considered while assessing his overall financial capacity. You may also seek interim maintenance, child education expenses, and litigation costs. It is advisable to collect proof of income, property details, and evidence of cruelty to strengthen your case and secure appropriate relief. Appropriate interim and final reliefs can be sought in accordance with law.or any further clarification, appropriate communication will be required feel free to contact