Advocate Rajiv Prakash Patel

Questions Answered by Advocate Rajiv Prakash Patel

Q: Next step in criminal court if mediation fails

We have filed for domestic violence case, our lawyer has submitted for Mediation Plea since Respondents were not willing to settle. What is the next step in criminal court if mediation fails?

Advocate Rajiv Prakash Patel answered
Stages pursuant to failure of MEDIATION:[Assuming the MEDIATION was initiated before filling of the written statement/ reply by the Respondent/s]~Reply shall be filed by the Respondent~Replication, if necessary, by Applicant~Rejoinder, if necessary, by the Respondent~Affidavit to be filed by both the parties, if the court considers it necessary~Argument on interim application, if any, filed by Applicant~Interim Order will be passed by the Court~Appeal against Interim order by aggrieved party u/s.29 of DVA~Issues framed by Court/ Evidence filed by Applicant by way of Affidavit or any other witnesses~Cross examination of Applicant and witnesses~Arguments~Judgment

Q: Fiance is threatening me of filing a rape care

I and my fiance had consensual sex and then she started mistreating and emotionally torturing me. Now she is blackmailing me of filing a rape charge. I have a screenshot of her message that says she is ending the relationship with me. Will this help me?

Advocate Rajiv Prakash Patel answered
If you have proper evidence that it is a consensual physical relationship then you don't have to fear about her compliant. Of-course there will be apprehensions and stressful times in the beginning but a consensual physical relationship without coercion or promise is not rape.