Advocate Prateek Aggarwal

Questions Answered by Advocate Prateek Aggarwal

Q: Domestic violence case- while contested divorce in process

I received summons for contested divorce from husband however I want to contest it and doesn't want to give divorce . Meanwhile can I file for domestic violence and maintenance against husband ? Also can I file 498a?If want to file dv ,MC but doesn't want to give divorce ? Will that b possible

Advocate Prateek Aggarwal answered
Yes, all comes under cruelty as per the Domestic violence definition, you should mention them either in your complaint or in your evidence. Mental cruelty includes everything financial, mental, physical and sexual. For more detailed discussion you can contact me for the same.

Q: False 498a and forcing husband and in laws to take the wife

Wife has filed false complaint about domestic violence, dowry demand and property related issues, against husband, mother-in-law, father in law, sister in law and brother in law. Marriage was done thru Arya samaj and then registered in court. This was done to apply wife’s visa because husband lives in abroad. From the first day wife has not stayed either with husband or in laws because Wedding reception is not done yet. Now husband wants to file for divorce but wife has filed complaint which appears 498a. Caw cell is urging in laws to keep the wife with them, but we dont want to do that. Please advise what should husband and in laws do in such case

Advocate Prateek Aggarwal answered
Don't worry, if you don't want to keep her it's your choice no one can force you to do this. This is a false complaint do provide all the relevant evidence and facts to a concerned police officer. You can easily file for divorce as well. For detailed discussion and solution, you can contact me for the same.

Q: CrPC 107/151 case - not being discharged. No witness, no evidence

In Aug 2021, police registered case of CrPC 107/151 against me on a frivolous complaint. Kept me in jail for 1 day. Forced me to sign personal bond and surety. I was told to appear on given date at SEM court which is he DCP office only. They have done nothing in 5 months. I have not been produced in SEM court till now. No evidence recorded. No witnesses. Every month date is given, I go and mark attendance. Now they are compelling me to submit someone's RC as surety and another bond. Is this the law in 107/151 CrPC? Without any recording of statement or evidence, the accused has been forced to admit the offense. Can I demand a fair trial is some other court? Can I file affidavit of true facts in the matter. The matter was of civil nature and sub judice in Delhi jurisdiction whereas criminal complaint lodged in Gurgaon. Police had no mandate to interfere in the matter. If I sign anything further or submit bond and surety, it amounts to admission of offense.

Advocate Prateek Aggarwal answered
Yes, you can claim a trialfor the said alleged offence. don't need to worry. if you want to contest the matter you can do it. No need to admit your offence if you don't want to. No one can force you to do that as well. Yes, it amounts to admission of offence. You can contact me for further information. I do practise in Delhi and Gurugram only.

Q: What is meaning of "Process not paid"

My wife filed DV case. The case status shows "Complainant Is Called Absent. Process Not Paid, Call On 11.2.22". Previous hearing date case status was "Complainant Is Called Absent. Summons To R1 And R2, Call On 9.12.21.". Here my question is what is the meaning of "process not paid" . Is this notice is for complainant or Respondent ?

Advocate Prateek Aggarwal answered
In DV Case, complainant is wife and respondent is husband and his relative. This is the part of procedural law,process fee is pay to issue notice (summons) along with copy of complaint to the respondent.

Q: I am depressed from my married life

Hello sir...i hope you will understand...sir meri shadi ko dhayi saal ho gaye hai...jo ki gharwalo ne jabardsti karwayi thi...gharwalo ki wajah se uss time pe main kuchh kar nahi saka tha...par main ab har cheez se paresaan hu main daily harass hota hu..mera ussey koi connection nahi ban paa rha hai...or agar main usey divorce ke liye bolta hu toh kehti hai maij suicide karke aap par case karwa dungi....please sir help me out i am totally depressed....and suicide is my last option

Advocate Prateek Aggarwal answered
Dont worry, you can file for contested divorce on the basis of Mental Cruelty, giving threats to commit sucide also comes under mental cruelty. You dont need to be in depression, just talk to the laywer and take appropriate legal step. For more detailed discussion you can contact me for the same.