Advocate Pranay Pathak

Questions Answered by Advocate Pranay Pathak (25+ answers)

Q: Wife Threats of fake cases and tortures mentally.

My Wife: She already married to someone(Govt Job) in the past she told me that they are divorced, she told me that she filed case on him and taken money.After some time she finds another men BF (govt job army) filed case 376 on him and get away.Then I came in her life we got married (love marriage) she threats me of fake cases and tortures me mentally.What do you think are the previous cases are also false.Not confirm she is divorced or not.

Advocate Pranay Pathak answered
You should immediately consult a lawyer and send your wife a legal notice underscoring the illegal threat being extended by her. Simultaneously, you may also choose to file a criminal case of a police complaint.

Q: I want to file a Divorsed from my wife for some personal issue.

I want to take Divorsed from my wife for some Personal and family issue.

Advocate Pranay Pathak answered
You may move the local Family Court with the help of a lawyer. It would be more helpful if you could include more facts with your question. These details could help you in finding the most suitable lawyer to represent you in the matter.

Q: First Appeal of Divorce Decree By Lower Court

Sir divorce decree granted in my favour on the ground of cruality and desertion in lower court but opposite party approched to high court for stay and appeal. When I file for divorce case after 1 year she filed 125crpc,domestic violence and 498A case against me and my whole family member. She has given statements in 498A case on these statements based like hmare beech trust bahut pahle khatm ho chuka hai,and also she stated that she has complained to my department and made a rampage at the main gate of my office. Can high court will stay the decree of divorce or can case will accepted by high court,how many percentage of chance to dismiss the first appeal in motion hearing. 03 cases which are filed by her are still pending in lower court all statements of her are contradictory what will be happen

Advocate Pranay Pathak answered
you will have to engage an attorney to appear on your behalf before the High Court and object to their prayer for Stay on the decree granted in your favor. Since the Appellate Court has the power to reverse the judgement of the trial court, you shall traverse carefully and follow each of the hearings filing your responses on priority.

Q: 498A case settlement against wife relatives

My wife filed a 498A case against husband in 2018 after consuming poisonous substance but she survived and discharge within 3 days, after few month wife relatives come to my place and beaten me and I went to police station and filed a criminal case against them under section 323 324 and 504 and 506 against wife relatives, After few years the court case in evidence stage and my wife is asking for settlement in 498A case My question is can I settled it 498A against the FIR I have filed against

Advocate Pranay Pathak answered
yes, the case can very well be settled on account of compromise between you two. You will have to move the High Court seeking quashing of the FIR and all subsequent proceedings.Since the offenses are non compoundable, only the High Court under section 482 CrPC/528 BNSS has the power to do so.