Advocate Rachit Ranjan

Questions Answered by Advocate Rachit Ranjan (25+ answers)

Q: Can I take any action on a divorced woman

I am Hindu.My husband had a love affair with a girl before our marriage.They broke up with some reason.after so many years they came into contact and at that time she is married with another person and had a child.Due to some differences with her husband she made an agreement with my husband to have a child with him and told that she will never come into his life.our marriage was happened and she kept calm at that time even though she is having a 7 months Baby.later she got divorced with her husband and now she is coming into our lives and asking my husband to tie knot to her.my husband doesnt want to leave me and my both kids.can i take any leagal action against her ?

Advocate Rachit Ranjan answered
yes, you can take legal action against her. at max the child can have few rights (not inheritance right) but the woman can not claim anything. you can file an FIR against the woman for harassing you and your family. the child will lie considered as her child as it was born in a wedlock, not otherwise.

Q: Harrasment and torture by in laws of my Sister.

My sister from MP was married to a family in Lucknow her husband works in Gujarat and she was living with her father and mother in law in Lucknow. After marriage her in laws started tonting her for dowry when she raised her voice against it then they started priming her husband against her over phone and gradually her husband also started misbehaving with her. Day by day things got worse and they started regularly abusing her and torturing mentally and by physical attacks and asking her to return to her father's house. When we got to know we spoke to them but they misbehaved with us as well. Still we waited thinking they will change but no improvement occurred. Now we have decided to remove her from there to save her life. I want to know what all we can do as per law to punish them and give justice to my sister. Also we are from MP so from where should we file case against them from MP or from Lucknow. Kindly advise.

Advocate Rachit Ranjan answered
you can file domestic violence case in lucknow and can transfer the case to MP if you required. PLEASE FILE DIVORCE CASE ALSO, as it will help you to get good maintainable and compensation regarding the same. don't forget to add your inlaws as party to domestic violence case. maximum 7 years jail term ID prescribed if found in violation of the law.

Q: Going abroad for postdoc fellowship

My wife filed for a maintenance and DV case. I didn't receive any summon in DV case and have to file WS on 11th January 2023 in the maintenance case. I have got a postdoc fellowship for one year from Italy. Am I allowed? How can I go as this is once in a lifetime chance for me.

Advocate Rachit Ranjan answered
you need to file an application under section 202 of the criminal procedure code to allow your advocate to present on behalf of you in all days of hearing. recently, supreme court has held that pendency of criminal case will not bar the person to travel abroad. moreover, in your case, it is important to travel abroad, so the court will easily accept your application.

Q: bill for ipc 377,498a,323,506,504,3,4

mere wife ne mere par ipc 377,498a,323,506,504,3,4 act lag kar fir ki h. kya mujhe highcourt se bill mil sakti hai kya

Advocate Rachit Ranjan answered
yes, you can even take anticipatory bail, before any action from the police department. mostly, depending upon the facts of the case, high court grand anticipatory bail if the primary face charges are not found. there are plenty of judgments regarding the same.

Q: Reissue of passport as pages exhausted

An FIR was lodged agaist me for some money matter and within 45 days period the matter was mutually resolved and necessary paperwork was done between me and other party. The police has made the final report(FR) on that basis and submitted to the civil court. But due to lack of dates and judge presence i am unable to get the court order for the same. Will i have problem in reissuance of my passport as my pages are exhausted?

Advocate Rachit Ranjan answered
no, just pendency of the criminal cases are not bar in issuance or reissuance of passport. you can ask the court by filing urgent application for the issuance of the proper order of dismissal. moreover, you can also submit the settlement agreement or understanding if passport is still on reissued.