Advocate RK Goswami

Questions Answered by Advocate RK Goswami (100+ answers)

Q: Stay order in 498a case filed u/s 498a against husband by in-laws

My self currently living in delhi with my wife n son of 3yrold (All are Hindu by religion), my father in law from Dumraon has filled a complain against me n my family members under section 498a,the matter is under Family welfare department and is about to proceed to local mahila police station n further. We have already taken bail from district court regarding this but now we want to take stay on this matter before it goes to police station or court. Please help me with the detailed procedure that how to proceed with the matter to take 498a stay order.

Advocate RK Goswami answered
You should go for quashing in the high court to the quash of ur498-A after conxizance order of district court where ur bail has been granted.after filing Quashing u will get relief for staye order.contact to us.

Q: How to get divorce from a mentally ill spouse ?

My brother want to file a divorce against his wife, she is mentally disturb, she often becomes violent and start quarreling with them. But we don't have any proof. There fore, can we keep detective for proof. Her parents had hide from us about her mental illness. how to prove mental illness in court in india ? what are the procedure for divorcing a mentally ill wife ?

Advocate RK Goswami answered
On the ground of her mental disability you can take divorce.u should file a divorce petition u.s.13 in the principal judge of family court where ur jurisdicion made and it is a act of hindu marriage 1955.

Q: How to quash opponent's case what documents are needed for it ?

I want to file a petition for the quashing of FIR lodged against me under Section 498A IPC. I would like to know the process for 498A quashing, the fees for filing a quash petition, and the documents required for quashing of FIR. Please provide detailed guidance on the legal procedure.

Advocate RK Goswami answered
To file a quash petition in the Hon’ble High Court, you must have a certified copy of the cognizance order, the main petition, and witness deposition papers related to the 498A case. Quashing is applicable only in false cases and can be sought for criminal proceedings in lower courts, including 498A cases or other complaint cases.

Q: Does this kind of settlement valid in court

I have filed domestic violence case against my brother in law , my mother in law and father in law .they tried to kill my baby in womb by mercilessly beating me .i have all kind of very very strong proof sumbitted in court . Petioner is only me.im single petioner nnBut the culprits somehow convinced my non working husband and bribed him 10 lakh rupees in his back account to withdraw case orally without any paper work . My husband is not petioner.im petioner . Now this 10 lakh bribe to my husband they will use as extrotion proof to defame my case I the petioner never did any settlement. And took any money for case withdrawal. Does this kind of settlement valid in court .

Advocate RK Goswami answered
I understood your fact. Whatever you have done is right but to get justice legally what is the process in which you have to register a case 498 A in your nearest police station and a case One case will have to file a case of maintenance in the family court and also file a D.V case . in which you and your child will get full rights and the accused will get punishment.

Q: My relative have filed a false case of sec 379 ,323, 501,341 against my dad n mom who are 65+ years

My relative have filed a false case of sec 379 ,323, 501,341 against my dad n mom who are 65+ years of age due to some property issue even though we are equal share holder of the property and not allowing to enter the property and has stppoed the construction (144 sec) ..... Now she used her influence and given 4 witness names in the fir . Current situation is case filed date : 2015 We took bail in 2020 as fir copy submitted by police in 2019 ..chargesheet not yet filed. She has much of influence over getting witnesses pressurize to file fir and all . How to move ahead with this can we move to high court to quas the fir as chargesheet not filed yet and she has filed complaint so that we won't enter the property now

Advocate RK Goswami answered
You should file Quashing petition in high court aganst ur police case along with conizance order which is pending in ur court..u should have entire documents what ever if necessary to produce in court.. video