Advocate Rahul Yadav

Questions Answered by Advocate Rahul Yadav (25+ answers)

Q: Wife left my home leaving my minor daughter & wants to come back

My wife left me & my 6 year old autistic daughter two months back & if she wants to come back later on what legal contract should I make which remains valid in court for future safety & took sign of her that she doesn't do such things in future or if she does that again than this will go against her & i remain safe with my daughter

Advocate Rahul Yadav answered
I’m sorry to hear about the circumstances you’re dealing with. From a legal standpoint, if your spouse voluntarily left the matrimonial home without sufficient justification and abandoned both you and the minor child, the law recognizes this as “desertion.” Should she express a desire to return, there is no single contract under Indian law that can permanently stop her from repeating similar conduct; however, you can build a legally enforceable safety framework.The practical approach is to execute a Memorandum of Understanding (MoU) / Settlement Agreement between husband and wife. This document may include clauses on:✔ Resumption of cohabitation✔ Responsibility towards the child, especially considering the child’s autism and special care needs✔ Non-abandonment / non-desertion commitments✔ Support & caregiving obligations✔ Mediation clause for future disputes✔ Consequences of breach (evidentiary advantage in future litigation)While such an MoU does not prevent future misconduct, it creates strong evidentiary value if the matter later reaches court for custody, maintenance, restitution of conjugal rights (RCR), divorce, or child protection.For stronger enforceability, you may notarize it or file it before a competent court during mediation/conciliation proceedings.---

Q: In Divorce proceeding will it be good to call 498a IO for cross examin

I filed contested divorce. wife wants to put document of 498a fir against the husband , I want to call IO for cross examination in my 498a case charges are not yet framed will it be good to call 498a io from cross examination in Divorce proceedings ?- as none of the incident is from Delhi state and without investigation he submitted report- io did not take central govt permission for incident outside UK under CrPC 188it will bring in divorce proceeding her 498a proceedings are vague

Advocate Rahul Yadav answered
In matrimonial litigation, it is common for parties to strategically rely upon parallel criminal proceedings to either strengthen or weaken their respective cases. However, the forum and stage of each proceeding must be respected to avoid procedural setbacks.In your situation, the divorce matter is civil in nature and governed by the standards of preponderance of probabilities, whereas the 498A prosecution proceeds on criminal law principles requiring proof beyond reasonable doubt. Since charges in the 498A case are not yet framed, summoning the Investigating Officer (IO) at this stage through the divorce court may not yield substantial benefit. The divorce court is unlikely to entertain detailed criminal evidence prior to crystallization of issues in the criminal case, as it may be deemed premature or an attempt to prejudice the criminal trial.Instead, the better course is to raise these procedural infirmities—absence of sanction under Section 188 CrPC for an alleged incident outside India, lack of proper investigation, and the IO’s omission—directly in the 498A proceedings at the appropriate stage. If the 498A case itself is weak or vague, any eventual acquittal or favourable observation can subsequently be relied upon as persuasive material in the divorce matter.Therefore, strategy must be sequential rather than parallel to avoid dilution of both cases.

Q: Regarding Full and Final Disputes.

I am working in Genpact gurgaon as a Management Trainee but was doing the operations work on the floor and on 31st December 2025 my bench period that is redeployment phase is going to be end. So I will be expelled by the organisation as a result. So in that case would I be eligible for below entitlements as per the new labour laws of govt of India.1. Salary of 1 month more.2. Leave encashments.3. Complete annual bonus.4. Retrenchment pay.5. Gratuity also as I worked more than a year.

Advocate Rahul Yadav answered
Thank you for sharing the facts. Since your exit is due to the expiry of the redeployment/bench period rather than voluntary resignation, the classification of separation becomes crucial for determining statutory benefits. If the company treats this as retrenchment/termination due to non-allocation of work, then under the labour codes and existing industrial jurisprudence, the following benefits generally become admissible: (i) one month’s notice pay or salary in lieu thereof, (ii) encashment of accumulated earned/privilege leave, (iii) annual bonus if you qualify under the Payment of Bonus framework and have completed the accounting period, and (iv) retrenchment compensation, usually computed at 15 days’ average pay for every completed year of service. Gratuity, however, requires 5 years of continuous service except in certain limited judicially recognised exceptions, therefore service of one year will not create a statutory claim.

Q: 2nd part of Retention not paid

if my company has written in retention contract that i'll get my 2nd retention installment for 30,000 on 31 december,2025 and they did not credit it. I have already sent 2 formal email, however, Hr just replied"due to exergencies, its delayed", without a date of assurance of arrival. I have emi's for 10,000 + 3,800 + 38000, which I initially took care of by lending from parents. I wish to know How much compensation can I demand for in total? And how much would it cost me?

Advocate Rahul Yadav answered
Compensation is not calculated in a vacuum; it stems from (a) the unpaid principal amount, (b) reasonable interest for the period of default, and (c) demonstrable consequential loss. In your case, the EMI burdens you described may reflect consequential strain, but only losses that are quantifiable and directly linked to the company’s breach are recoverable. Courts do not usually grant speculative sums or punitive figures merely because EMI pressures exist. A realistic claim would cover the ₹30,000 overdue amount plus contractual/market rate interest + reasonable compensation for mental harassment and inconvenience. Depending on jurisdiction, such compensation realistically ranges from nominal to moderate, not extravagant.

Q: Can the 2nd party deny after receiving half the settlement money

I have recently paid half of my settlement money i.e. 6 lakhs and rest of the amount will be paid in February but i recently missed the dowry case hearing and the date given for that hearing is in may after the settlement date...so can the second party deny not to settle even after paying half the amount in front of the judge (i am from the male side and a hindu)

Advocate Rahul Yadav answered
statement is recorded before the court so no chance for denial.Adv Rahul Yadav this side from Rewari(Haryana)Pleasure connecting you