Advocate Pragya Dhoundiyal

Questions Answered by Advocate Pragya Dhoundiyal

Q: Protection against blackmail and threat of a false rape case by a marr

Sir, a married woman was repeatedly forcing me to meet her and threatening to come to Delhi. Under pressure, I met her. We went to an OYO hotel with mutual consent, where she voluntarily provided her ID and signed. Now, she is blackmailing me with threats of filing a fake rape case. Kindly take note of this matter to prevent any false FIR against me.

Advocate Pragya Dhoundiyal answered
Kindly preserve all the evidence that prove that the relationship was consensual and that prove that she is trying to blackmail you, like all the WhatsApp chats, calls, messages where she insisted to meet, photos, selfies etc. Also, stop all private meetings with her. Do not pay money if that is what she is blackmailing for. You should first and foremost get an anticipatory bail if you think the FIR is imminent.

Q: CTET QUESTION ANSWER OF EVS RELATED ANSWER

WHAT IS THE NEXT STEP FOR RECEIVED UNSATISFIED LEGAL REPLY FOR CBSE IN REFERENCE OF LEGAL NOTICE?

Advocate Pragya Dhoundiyal answered
I need some clarification before giving property advise. I need to first know as to what exactly was the legal notice about? Since CBSE is an instrumentality of state it is amnable to the writ jurisdiction of the court, however before that you need to ensure that you have exhausted the CBSE's internal grievance mechanism (grievance portal, regional officer, chairman etc). Or the other way would be to approach the consumer forum, depending on the type of grievance. Depending on the type of grievance you could also consider writing to a complaint to the Ministry of Education. However, if you wish to access information then RTI would be the route.

Q: Want to check about my rights if I go for divorce. I have a son

I am Indian married to Indian, married in India and staying in Philippines. I have a son 10 years old. I want his custody. I want to know my rights. I am working and will be able to work in India also. I don’t want alimony or anything from my husband. I just want to check if possible to separate peacefully and relocate to India with my son. We are hindu

Advocate Pragya Dhoundiyal answered
Yes this can be done. The prime consideration by the court is the welfare of the child while deciding the custody of the child. There are also chances that the judge directly asks the wishes of the kid, even though that is not the only deciding factor but can sway the judge. If you can provide for the child, the child is attached to you, has been living with you (the courts also try to maintain status quo), then you do have a chance to the custody of the child. You will have to provide for visitation rights of your husband or depending on your equation you can also file for joint custody.

Q: What is difference reject or deny of my application

My advocate suggest I file application to make defendant comply, but he say judge may not accept. I permit him to file application, but judge reject application. I tell him to seek revision, but he say he say judge not deny but reject application so revision or appeal not okay to do. Is my advocate advise correct.

Advocate Pragya Dhoundiyal answered
The answer is being given on the general understanding of the concept of denial and rejection. The exact advise would depend on the nature of application and applicable laws.Denial generally means that the court has gone into the merits if the case and hasn't been decided solely on preliminary issues. Whereas rejection could be on preliminary issues, for example territorial jurisdiction. If you have taken liberty from the court, you can cure those defects and file again.

Q: Investments to protect Finances against anticipated separation

Hi Iam hindu married for 21 years, two kids, daughter 13 years, son 19 years, both studying.I am saaried sole earning.Wife is into business consulting and dors not have any regular income.There is chance she may file separation / divorce.For the money I have earned and inherited from my late father where can I invest to save mine and children interest.

Advocate Pragya Dhoundiyal answered
In any matrimonial dispute the entire bank transactions of the past 3 years and a detailed list of assets has to be produced by both the parties before the judge. So, avoid sudden gifting/ selling property at undervalue/ transferring to relatives etc., unless for a legitimate objective like pressing need of a relative. You should consider legitimate estate planning instead of a transaction that would appear to be fraudulent or attempt to defeat your wife's future claims . Firstly , avoid mixing inherited money and assets with your joint account or jointly owned assets with your wife (consider forming an HUF).Secondly you can make investments in mutual funds, PPF etc specifically for children.Thirdly you could also consider buying insurance policies naming your children as beneficiaries in order to secure their future. As a matter of abundant caution you could start preparing a list of your assets and your liabilities like home loans, loans for your children's education, medical expenses of your parents, existing EMIs etc. Also, start maintaining a record of your children's expenses like tuition fees, School expenses, medical expenses and other expenditures borne by you. This should be done in order to counter your wife's exaggerated claim for maintenance through your children. You should also start maintaining a record of your wife's consultancy income, ITR, bank statements etc. so that she does not undervalue the same during the proceedings. Also, start maintaining evidence if any, against your wife through WhatsApp conversations. Having said that there might be instances wherein the husband is not obligated to maintain his wife depending on the facts of the case -like adultery, desertion without sufficient reason (through WhatsApp messages you can show that you were willing to make this marriage work), remarriage by wife.On a separate note, because till the time the divorce proceedings are pending, or you are separated, she will be considered your wife. So, if you want that if something happens to you during the proceedings even then the property should not go to her, you should write a will.