Advocate Prashant Vaxish

Questions Answered by Advocate Prashant Vaxish (400+ answers)

Q: Are complaints confidential under sections 498A/406/34

In Delhi, if a woman makes a complaint in agencies like crime against women and commission for women, and also with the police station, which then becomes an FIR under section 498A/406/34...which was later quashed by court (because mutual settlement of divorce was done prior to court hearing)…Is the women's identity kept confidential & sealed, away from the public record? What if a member of public (not a party to complaint) asks for copies of paperwork? Will he get it at ANY of these places?

Advocate Prashant Vaxish answered
Third-party do not have a right to seek such information However, court records are public records and they can be attained by the counsels or parties. Third-party may claim the records ascertaining the reason for the demand of such record and accordingly court may grant.

Q: Regarding maintenance under sec 125 crpc.

I never stated in the family court that I am neglecting to maintain my wife and court in his observation mentioned that respondent neglected to maintain his wife while rejecting my one of the application. Now I am confused what to do whether to continue giving maintenance to wife or not. Any further legal remedy available for me

Advocate Prashant Vaxish answered
If the court observed something what is not there in the pleadings or records then that is beyond the scope of the court. Therefore you must challenge such order, as it must have been an interim order.Wife has a right for maintenance subject to the conditions laid down by the Supreme Court. If she is having source of maintaining herself, then such aspect is required to be taken on record before the court of law.

Q: The period of interim bail will be considered as part of the period of detention (custody).

If a person is arrested, sent to judicial custody, released on interim bail for a period of two months, and then again sent to judicial custody, will that two-month period count as a period of detention (custody) under section 167(2) of CrPC? Additionally, will that person be entitled to default bail or not?

Advocate Prashant Vaxish answered
Interim release period can not be included in the detention period. However, bail can be asked from the court by taking interim release as a ground to it. However court can not detain you more than 90 days if the investigation is going on.

Q: Penalty for harassment and physical assault of senior citizens in India

Dear Sir, My father, a senior citizen at 69 years of age, was physically assaulted by our 35-year-old neighbor. It started over a minor confusion, leading to him banging our doors. When my father went out, he and others brutally beat him, causing profuse bleeding and severe bruising around his eyes (we have relevant pictures showing his injuries and blood on the floor). I arrived a bit later and found my father already thrashed. We ended up in a fist fight, but neighbors intervened, and the police were called. All three of us were taken for medical examination (MLC), where it was confirmed as non-grievous injuries. Following the incident, the SHO of the police station initially suggested waiting 6-7 days before filing an FIR. After seeking intervention from the DCP of the area, an FIR was eventually lodged under sections 323/341/506/34. Given that the injuries are non-grievous and the sections are bailable, everyone is advising us to consider a compromise, considering the legal implications involved.

Advocate Prashant Vaxish answered
Sir , it would be difficult to say anything on half information. Please share the entire details. There is no mentioning about the confusion or the cause of incident. MLC can be for non grevious hurt but can be proven the same on the ground of age of your father. Police should have filed the chargesheet before the court. Please feel free to reach out for further assistance.

Q: What is the meaning of ex parte evidence?

The judge has issued ex parte evidence in my divorce case. I've filed for divorce against my wife citing cruelty. Could you please explain what ex parte evidence means in this context?

Advocate Prashant Vaxish answered
Experte evidence is the state when you only have to present and explain your evidence and other won’t be given any opportunity for the same. You have to submit the evidence and witness in writing thereafter put up before the court