Advocate Priya Nankani

Questions Answered by Advocate Priya Nankani

Q: in a cc case 319 crpc detailed answer required interested only answer

in ongoing 319 hearing, respondent are now claiming that they did not receive the revised petition. However, they have already filed a detailed counter addressing the contents of the petition.Rejoinder was also filed by petitioner after their counter...The Court docket dated 18.06.2026 records that the petitioner side was heard and the respondent side was heard in part. In these circumstances, does the respondents' present stand appear false and intended only to delay, how to respond to this ..

Advocate Priya Nankani answered
The respondents have already filed a detailed counter affidavit dealing with the contents of the revised petition and you have thereafter filed a rejoinder, their subsequent plea that they never received the revised petition may not be consistent with the record. The court proceedings and docket entries will be relevant to establish whether they had knowledge of and responded to the revised petition.You may place on record the proof of service, filing acknowledgements, the respondents' counter affidavit, the rejoinder, and the court's order sheets to demonstrate that the matter has progressed on the basis of the revised petition. If the plea appears to be raised only to delay the proceedings, you may request the Court to reject such objection and proceed with the hearing. The final view, however, will depend on the court records and the evidence regarding service of the revised petition.

Q: Unpaid Fellowship/Salary of 10 Months , Worked As JRF

The Applicant, Mr. Lalit A. Agnihotry, was appointed as a Junior Research Fellow (JRF) for a Forest Department-funded project at Krantiguru Shyamji Krishna Verma Kachchh University under Principal Investigator (PI) Dr. Jyotindra Bhatt. Although the Applicant successfully completed his full 17-month tenure with a "Satisfactory" rating, the Respondents disbursed his fellowship for only the first 7 months. This left a 10-month principal debt of ₹1,20,000/- completely unpaid.Statutory RTI disclosures later revealed that the funding ceased because the PI negligently failed to submit mandatory project reports and Utilization Certificates, creating a "Self-Induced Deadlock". Pls provide legal solution

Advocate Priya Nankani answered
Based on the facts stated, if you have successfully completed the entire tenure and there is documentary evidence of your appointment, attendance/work completion, satisfactory performance, and RTI disclosures showing that the fellowship remained unpaid due to administrative negligence of the Principal Investigator or the University, you have a valid cause of action.You should first issue a detailed legal notice to the University, the Principal Investigator, and the concerned funding authority demanding release of the outstanding fellowship with applicable interest within a stipulated period. If no action is taken, you may file a writ petition before the jurisdictional High Court under Article 226 of the Constitution seeking directions for payment of the unpaid fellowship, interest, and appropriate relief. Depending on the facts, you may also claim compensation for arbitrary and negligent administrative action. Preserve all appointment letters, RTI replies, project records, communications, and proof of satisfactory completion, as these will be crucial in establishing your claim.

Q: Family dispute regarding husband's extramarital relationship

My parents are Hindu and both government teachers. My father has allegedly been involved with another woman for about 3 years. My mother wants to save the marriage. He has become emotionally distant from the family and appears to spend money on the other woman. We have videos showing her visiting our house. What legal rights does my mother have? Can a legal notice be sent? What evidence is relevant and what legal remedies are available?

Advocate Priya Nankani answered
Your mother has several legal rights under Indian law. While adultery is no longer a criminal offence, it can still constitute a ground for divorce under the Hindu Marriage Act, 1955. If she wishes to preserve the marriage, a legal notice may be issued calling upon your father to resume his matrimonial obligations, stop the extramarital relationship, and participate in counselling or mediation.She is also entitled to claim maintenance, residence rights, and protection against economic neglect, if applicable. If your father is diverting family assets or spending substantial amounts on the alleged relationship, relevant financial records may also be examined.The videos, photographs, messages, call records, bank transactions, hotel bills, travel records, and witness statements may be relevant evidence, provided they have been obtained lawfully. Before initiating legal proceedings, it is advisable to have all facts and evidence. so that the most appropriate remedy—whether reconciliation, judicial separation, maintenance, or divorce—can be pursued based on the circumstances.

Q: Family dispute regarding husband's extramarital relationship

My parents are Hindu and both government teachers. My father has allegedly been involved with another woman for about 3 years. My mother wants to save the marriage. He has become emotionally distant from the family and appears to spend money on the other woman. We have videos showing her visiting our house. What legal rights does my mother have? Can a legal notice be sent? What evidence is relevant and what legal remedies are available?

Advocate Priya Nankani answered
Your mother has several legal rights under Indian law. While adultery is no longer a criminal offence, it can still constitute a ground for divorce under the Hindu Marriage Act, 1955. If she wishes to preserve the marriage, a legal notice may be issued calling upon your father to resume his matrimonial obligations, stop the extramarital relationship, and participate in counselling or mediation.She is also entitled to claim maintenance, residence rights, and protection against economic neglect, if applicable. If your father is diverting family assets or spending substantial amounts on the alleged relationship, relevant financial records may also be examined.The videos, photographs, messages, call records, bank transactions, hotel bills, travel records, and witness statements may be relevant evidence, provided they have been obtained lawfully. Before initiating legal proceedings, it is advisable to have all facts and evidence that the most appropriate remedy—whether reconciliation, judicial separation, maintenance, or divorce—can be pursued based on the circumstances.please feel free to discussion the matter on call Adv P. M. Nankani