Advocate Pratyush Raj

Questions Answered by Advocate Pratyush Raj

Q: Lady threatening my sister for having an affair with her husband

dear sir, one lady is threatning my sister and my parents for unneccesarry meaning. she called and saying the my sister is having affair with her husband and they talked on phone, but we asked my sister and she denied everything. there is some other girl but that lady is threatening us from last 2 -3 months. requested you to pls help and advise

Advocate Pratyush Raj answered
It is better that you call on '1090' helpline number specially designed for women and children, they did not disclose your identity and would take care of the rest, you can even locate your nearest cyber cell and inform them about the same as everything is happening over phone cyber cell can track number and details and starts investigation immediately.But before you proceed I would like to suggest to ask your sister individually again about this in a calm and compose more like a friendly manner, so that she reveals the truth , but if nothing is of that sort go ahead with complaining either to 1090 helpline number or contact your nearest cyber crime cell.

Q: Can mother of the offender be present for a traffic challan in court

my brother received a traffic challan of 100 rs. for no helmet, and he had a court date of october month but he couldn't able to present on the very certain date, now , court has ordered him to be present on 8th dec. , my question is can her mother go instead of his place to fill the fine as he's kidney patient he doesn't travel much or is it mandatory for him to present on very certain date??? and what will happen if he will not able be to present on new date??

Advocate Pratyush Raj answered
Since the challan is an amount of Rs 100 and the offender is having genuine medical issue, therefore it is suggested but not truly advice that mother of the offender can go on 8th Dec and deposit the challan amount (with a original receipt of the challan) carrying a valid identity proof (preferred: Aadhar Card) along with offender's identity proof(preferred: Aadhar Card) and offender's medical documents/doctors prescription stating the authenticity of being a kidney's patient. Mother of the offender can make request stating the above grounds to the traffic challan section in the concerned court and act as per their direction.

Q: Got divorce through mutual consent 1 year ago wife asking maintenance

Does divorced ex-wife can claim maintenance under 125crpc after mutual consent divorce?and we divorced before 1 year back can she ask maintenance after 1 year and she lives with her family and she separate by herself past 1 year.

Advocate Pratyush Raj answered
If you agree to the terms of maintenance amicably in your agreement and thereafter agree to give her maintenance then she is bound by the agreement and cannot file maintenance under section 25 Hindu marriage act or Section 125 of Cr.P.C.Accordingly in your joint petition give reference to agreement. Furthermore, if you get mutual consent divorce and you have paid maintenance and she is educated then you are not liable to pay maintenance to her.No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section which is 125 CrPc if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.Three best useful conditions for you:Firstly, because the petitioner got divorce by mutual consent and thereafter she is residing separately by mutual consent. Secondly, she accepted a lump sum maintenance as final settlement and that stands paid. “After divorce by mutual consent and when the parties are residing separately and lump sum maintenance as final settlement has already been accepted, petitioner-wife is not entitled to maintenance.”Thirdly, you have to go through the order passed by the judge for your divorce if it is anywhere mentioned about payment of alimony/maintenance then you have to see the time-frame mentioned otherwise if not then your ex-wife claim under 125 CrPc is not maintainable after 1 year seeking for the same.So, if it is mentioned in the terms of your MCD(maintenance) filed that time she is entitled, otherwise she is not. One more thing you have to determine that whether you have paid any amount as monthly or full time payment if not then it is probably not mentioned in the petition that time later on she cannot claim after divorce because she herself left and got separated for more than one year.''JUST GO THROUGH THE TERMS & CONDITIONS OF YOUR ORDER AGAIN''

Q: Divorce second Motion Waive Off Conditions

Kindly let us know the way to get waive off for 2nd motion divorce 6 months cooling period if only 1 year seperation is there.

Advocate Pratyush Raj answered
If it is a mutual consent petition then waive off can be simply obtained by filing an application for waive off in second motion and subsequently can have a decree for the same for divorce if already one year has been crossed in separation, 6 months cooling period is only granted when parties have filed ddivorce petitionthrough mutual consent and also fulfill certain conditions like: a) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself. b) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts. c) the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties. We have to, therefore, mention the above discussed in our application for waive off. Therefore 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory and can be waived.