Advocate Pratik Duhan

Questions Answered by Advocate Pratik Duhan

Q: Wife staying in my house and got a restraining order against me

Meri wife court se ye order le aayi h. Ki mein waha nhi ja sakta jha wo rahti h. Or meri wife mere hi ghar mein rahte h. To mein ghar kaise ja sakta hu. Humara dv act ka case bhi chal raha h.plz help me

Advocate Pratik Duhan answered
Hire a good lawyer appear in that stay case and get the stay vacated . Make the court aware that house is owned by you and there are various litigation pending between you twoo . Do no delay . Were you not served notice in stay matter ?

Q: What is the procedure of withdrawal of complaint U/s 498

my wife want to withdraw 498 case filed against of me. According to my advocate , i have to appoint government advocate and he will charge fee.is it right. my wife already gave her statement to withdraw case in district court. but there are other two witnesses.without those statement case can not be refuse.is it right? what should be right procedure to withdraw case.

Advocate Pratik Duhan answered
Fastest way is to approach high court for cancellation along with your wife and her statment . Second is ask tour wife to give statment in court , amd request court to condsider it and let those witness be examinee if official witness nothing will happen and if they are farher mother of your wife they can also give statement . A few adjournment might be given but it will cost less. And the govt advocate fees is the fees for not charging your wife with dalse evidence as before she said you are gulity and now otherwise .

Q: Wife threatening to file false dowry case

My wife is not staying with me and staying with her parents. They are threatening to give them cash or they will file case or FIR. Since yesterday they have got aggressive. What should I do? They live in city X and I live in city Y. Can I get anticipatory bail in both cities? Can I file a case under section 9? If I do so, will they also goto coit or police? What will happen if they file an FIR of dowry? Is it an immediate arrest? If an arrest is on Friday can I get bail or I have to stay in lockup till Monday?

Advocate Pratik Duhan answered
You will get immediate bail be it any day . Even sunday . Now days police do not arrest in such cases on sat sunday . Us police bail would be given get in touch with a lawyer befpre hand sp that undue pressure is not created upon you. Also please specify you want to stay togwther or tou want divorce . What ever it is file a case for it so that their action becomes subsequent . And tou get benefit of it . They might go to police pr court but since FIR IS NOT YET regiatered , tou will have releif . Do not worry about arrest , So go to a lawyer and get the case drafted.

Q: How to claim compensation in accident case

My car taken by son friend and met with accident total loss car damaged.His friend gives an affidavit that he shall bear the damage and repair. His father now says you take loan and I have to pay it instalment to him.I am at loss what do I do.My car. Is 2017 ciaz model and is on loan can I legally claim the loss and damages so that he replaces my car which he is not willing to do.

Advocate Pratik Duhan answered
Was your car bot insured ?? Did tou inform the insurance ??? Your story is confusing your car was damaged and total loss why do you pay instalme to him ??? And what for did u took loan when it was total losss ?? Seek reimbursment ffrom insurance company . Second option file a suit for damages against the person and his son who caused damage in consultation with a advocate as to contents of affidavit . You will get relief but clear thia confusion amd file a proper case .

Q: Daughter in law harassing me and my son

I m a hindu. My daughter in law is harrassing me and my son also from many years. She never behaves properly with me. From last one month she is not even cooking food for me and my son. We have already trabsfered our house on her name. Now i want to ask how can i get papers back frm her and also what action can i take against her?

Advocate Pratik Duhan answered
if the house was in your name and you have transferred the house to hr name , in that case you can file an application under senior citizen act and also can get the transfer/sale deed cancelled . you are advised to rush to a lawyer and discuss in details and get drafted an application also file an application under domestic violence . you cannot force her to cook for you but you can get your house back .