Advocate Preena Kashyap

Questions Answered by Advocate Preena Kashyap (25+ answers)

Q: Delhi local Area building/ floor Contractor Fraud

We have a written agreement with local area (Delhi) contractor to build my 3rd floor with materialAs per agreement we have to pay 80% amount during the work and 20% after completing whole my floor.We have given more than 80% payment and he is not building my floor.Now he is asking more money from remaining 20%. Even we have given him more amount but still he is not working.Agreement time was 2 months. BUT 3 MONTHS is over.He says I don't care any lawyer,police,Pm,cmHe me please

Advocate Preena Kashyap answered
You have a valid remedy if there is a written agreement and proof of payments. Preserve the agreement, payment receipts, bank records, photographs, and chats. Send a legal notice demanding completion of work or refund of the excess amount paid. If the contractor still fails to comply, you may file a civil suit for recovery of money and damages for breach of contract. If there was dishonest intention from the beginning, a criminal complaint for cheating may also be considered.

Q: Mutual consent divorce - Reconciliation steps for saving marriage

My wife has filed for mutual consent divorce, MOU is already signed under family pressure and alimony is already paid. Now my wife wants to mediate and the first motion is likely to happen in a week's time. If now we want to reconcile, what's the best way to do that? Is it during first motion infront of the judge or let me know for any other alternative?

Advocate Preena Kashyap answered
If both of you wish to reconcile, the law fully supports such a decision. In a mutual consent divorce, consent must continue till the second motion. Either of you can withdraw consent at any stage before the final decree is passed.The most appropriate step is to jointly inform your respective advocates and file an application before the court stating that you have decided to reconcile and do not wish to proceed with the divorce. You may convey this intention during the proceedings itself, and the court may refer you to mediation or simply record your statement and dispose of the petition accordingly.Regarding the MOU and alimony already paid, its terms can be mutually reviewed, modified, or cancelled through a fresh written settlement if reconciliation takes place. It is advisable to formally document any such understanding to avoid future disputes.

Q: NRI sister accused in 498a, FIR filed online and chargesheet uploaded

Sister has never met/talked to wife, not traveled to India in 15+ years yet police has included her name in FIR and filed chargesheet. Sister will soon apply for citizenship in foreign country which will require background check - which will include indian criminal database. Since FIR is online, what should be done to delete name? Quashing is not an option since it requires notary, takes time and is unfair to ask sister to attach false case quashing order in citzship app.

Advocate Preena Kashyap answered
Since chargesheet has been filed, the only remedy available to you right now is to quash the FIR and to do so a quashing petition has to be filed before the High Court. However, you have a valid ground and because of which you can easily get the relief.

Q: Domestic violence, maintenance and 498a case

I have filed an FIR against my in-laws after I was thrown out of my in-laws' house. I thought I had filed an FIR against three people, but only two names are there in it. I want to add one more name in the FIR.

Advocate Preena Kashyap answered
You cannot directly “add” a new accused person to an already registered FIR on your own. However, you can submit a supplementary statement/complaint to the Investigating Officer (IO) or the SHO of the police station explaining that an additional person was involved and was inadvertently omitted earlier. The police have the authority to conduct further investigation under Section 173(8) CrPC and can include the additional person in the charge sheet if evidence supports their involvement.If the police refuse to act, you can file an application before the Magistrate under Section 156(3) CrPC or a protest petition seeking directions for further investigation. It is advisable to provide specific facts, incidents, and any supporting evidence while seeking inclusion of the additional accused.

Q: Cyber fraud money recovery petition

Hi !I wanted to know how much should I pay for filing a petition for the recovery of money lost in cyber fraud.Amt.45k.

Advocate Preena Kashyap answered
For an amount of ₹45,000 lost due to cyber fraud, you need not file a separate petition in court at this stage. You should immediately lodge a complaint with the Cyber Crime Cell through the official website or at your nearest police station under the IT Act provisions. Provide all transaction details, screenshots, and communication records. The authorities will trace and attempt recovery through the banking channels.Court proceedings for such a sum are not cost-effective, as the legal fee and court costs would likely exceed the recovery amount. Proceed first with the cyber complaint process—it’s faster, less expensive, and often yields better results.