Advocate Prachi Goel

Questions Answered by Advocate Prachi Goel

Q: Procedure to file for divorce in case wife not ready to give divorce

hi this is sunil singh can u sugest me plz how to get one side divorce from wife as my wife is not ready to give divorce. i want divorce coz we dont have gud understanding and she is also not caring at all. she makes me mentaly frastated often.

Advocate Prachi Goel answered
Hello Sunil, Of course, you can file contested divorce under section 13 (a) of Hindu Marriage Act. You have to prove to the court mental harrassment which is done by your wife. If court satisfied, that your wife genuinely does not respect the marriage, court may grant decree of divorce in your favour.

Q: Wanted to file for divorce as in laws were declared as fraud

Sir, This has been brought to my notice, after 6 months of my marriage that, whom i have married , the family is involved in many cheating cases and her brother is even declared PO by Punjab Police vide various publications. Though in newspaper and publications it is mentioned all members of the family are fraud, but specifically the name of the girl isnt mentioned. My Question is: 1) what are the legal proceedings, can be availed by boy in such a scenario for availing divorce, without loosing much now.

Advocate Prachi Goel answered
See, there are two things involved in these type of cases. First, if you desire to save your marital life, talk to your wife to stop all what she has done.. and second if you dont want to live in this marriage...go for a divorce process and it is filed under Hindu Marriage Act. Protect your legal rights in case your marriage does not survive. It is in your interest to consult with a divorce attorney if your wife is cheating. Firstly you have to fully control over your emotions and then give some time to you and your marriage. If it does not work, go for a divorce.

Q: Is there any punishment if child abuses another child under POSCO Act

Under POCSO Act there is nothing defined if a child abuses another, like adolescent abuses younger child or children of 11-12 years abusing younger kids.

Advocate Prachi Goel answered
See, children who were abused or sexually abused by otger minors, show largely the same problems as children victimized by adults. That's why the abuses by a child to another child will attract the POCSO act. Yes there is no where defined in POCSO act ..but the sections defined in POCSO is prevailed for child abuse by another child but procedure of juvenile justice act will follow in this case.Thanks.

Q: Cost for Quashing of FIR under Section 420

Hi, I need to understand the process of FIR quash basis the mutual settlement. How much lawyer charges to make this happened??

Advocate Prachi Goel answered
See, the FIR will be quash on the basis on mutual settlement under section 482 of crpc. The Hon'ble High Court has inherent power to quash the FIR on settlement basis. And one thing more..you can also file an application in Police Station in which you have to stated facts related to settlement. The lawyers charge minimum 50 k for quashing and 5500 per hearing.Thank u

Q: Harassment by a woman police officer

I am looking fir help here plz help me i am a 28 year old woman there was some incident happened at my store on 11 aug 2017 where police got involved a day later they called me up to police station i went there but ask me to finish the case outside and meet personally to the other party i waited for their calls no one turned up at that time i was told fir was not registered officially the lady with i had a fight was a police officer herself threatening me that i wont let you live peacefully now.. now its been more than a month they came to me on 16 sep 2017 told me that fir has been registered that time i was out of town so i came now u have to come to police station on Monday for investigation i said okay i will come next day again the same office came up asking me for evidences which i have saved was threatening me that i can come along warrant and arrest u people ..i have no clue what to b done now plz help ?

Advocate Prachi Goel answered
First of all you need to tell us the charge on the basis of which FIR has been filed and what has been narrated in the FIR. If the charge is serious you will need to prepare for getting anticipatory bail. If the charge is not serious then you will get bail from the police station itself. You dont have to get scared by mere filling of FIR. However if the charge is serious you must engage a good lawyer for yourself. If somebody is threatening you or harrassing you; be it any person, you must file a written complaint at the nearest police station or to any superior authority.