Advocate Rahul Agarwala

Questions Answered by Advocate Rahul Agarwala (25+ answers)

Q: Need your help about a rights of a flat purcheser

I bought a flat from the developer, downstairs at the back.Now the developer wants to build a public toilet near my bedroom window.Which will cause harm to my family in the future.How can I solve this situation?

Advocate Rahul Agarwala answered
if it comes under the purview of RERA, in that case he cannot, also, if it is beyond sanctioned plan, he cannot.moreover you can also write a formal letter to the municipal authority raising concern relating to hygiene by cc to the promoter and subsequently file a case before the High Court under 226 of the Constitution and get the relief.

Q: Dont want to take divorce after filing mutual consent divorce

We have mutually filed divorce petition. We are hindu .We did'nt appeared in first hearing. Ours is marriage of 20 years and have a son. We are not living separately. We dont want divorce now. We don not want divorce nor we want to appear in court. Our legal advisor is forcing us to take divorce if once filed and then to remarry the same person. What are the consequences if we dont appear in court in the 2nd hearning date. Will the case be automatically dismissed by judge ?

Advocate Rahul Agarwala answered
no consequences, it is just the application of divorce will be dismissed for default. however do take not, the lawyer may again take time and could harass you to appear. so its better that you both appear before the Judge and get the divorce application dismissed.

Q: Domestic violence and maintainance

I have been married for 16 years and he is an army officer. He has been mentally abusing me for years which culminated in physical assult on me and my daughter ( 9 ). I have voice recordings of him threatening, abusing us. I am now living separately but not earning for the past one year. He tries and justifies his actions basis suspecting my character& sexual dissatisfaction. What steps can I take for a financially&emotionally safe and secure future for myself and my daughter. Please help .

Advocate Rahul Agarwala answered
file a case for maintainance, domestic violence and divorce on such grounds.subsequently, try to issue warrant against your husband, and write a letter to the authority regarding such activity, army looks over this kind of cases with focused eyes and thus, steps will be taken against him for his conduct and as such, you will get relief in the quickest way.

Q: Petition U/S 182, 211 and 499/ 500

Whether a non executive director/ Independent director after issuance of process u/s 138 / 141 of N I Act can file counter criminal complaint against the party on the ground of wrongly implicated him in proceedings as such director are not responsible for day to day affairs of the Accused company further if yes then where and at what court it is to be filed and whether old law IPC will apply or BNS Act 2024 will apply?

Advocate Rahul Agarwala answered
the first thing is, file am application before the concerned court for Expunging the name. if the same is allowed and the name is expunged, all good. subsequently you can file a case for malicious prosecution and perjury before any jurisdictional district court

Q: On going 125 crpc argument stage

As per law isn't oral argument mandatory? The family court judge asked only to submit written argument. Who should submit first; the petioner or the opponent as per law? Wife filed the case but judge asked my lawyer to submit first and allowed more time to her lawyer. So her lawyer has my argument copy now. Judgement day will come next week.What should I do now?

Advocate Rahul Agarwala answered
please review the order for such stance, and if it is found that the Judge erred, in the circumstance, you may approach the Hon'ble High Court and file a Criminal Revision and obtain a reasonable order for the same