Advocate Rajni Singh

Questions Answered by Advocate Rajni Singh (25+ answers)

Q: can file new case after loosing ipc 376 case

accused was married and hide his first marriage make marriage promise and have relationship when told his wife she said they are taking mutual divorce and took money and make drama of divorce for 6 months and one day they are caught and he denied to marry then file fIR police file FIR of ipc 376 but not fair investigation they don't make witness his wife and during ipc 376 case his wife filed new case ipc377 and he do second marriage with a lady constable who helped him in putting FR in a POCSO

Advocate Rajni Singh answered
It's quite messed up. Either you are not aware of the acts properly or u have been misguided. Section 377 deals with consensual same sex relationship but in 2018 in a a landmark judgment, the Supreme Court of India decriminalized consensual same-sex relations between adults, as these acts were deemed a violation of fundamental rights like privacy, dignity, and equality. The section has since been repealed in the new Bharatiya Nyaya Sanhita, though its original wording criminalized non-consensual sexual acts and those involving animals. Please first check the facts properly then you will be able to take decision.

Q: Ex wife sue case for Maintenance

2 साल पहले में मेरी एक्स वाइफ और मेने समाज के पंच और नियम के अनुसार 500 rs के स्टाम्प पेपर पे विवाह विच्छेद का अग्ग्रिमेंट किया था जिसमे लिखा था की उसने मुज से lumpsum पैसे ले लिए हे आजीवन भरण पोषण हेतु, मेरी बच्ची भी उसी के पास रहेगी मेरा कोई हक़ नहीं हे बच्ची पे और बच्ची या खुद के मेंटेनन्स के लिए वो कभी भी केस नहीं करेगी। अब मुझे पता चला हे की उसने कोर्ट में मेंटेनन्स का केस डाला हे, जब की मेने उसे lumpsum settlement amount 2 साल पहले ही दे दी थी। अब मुझे क्या करना चाहिए ?

Advocate Rajni Singh answered
If u hv received notice from the court then get a reply prepared n mention about the agreement. also the agreement needs to be attached as an annexure. a divorce agreement signed before a Panchayat is not legally valid. Divorce in India is a legal process. To obtain a divorce, you must follow the legal process, which includes filing a petition in court and obtaining a court decision. A Panchayat divorce agreement, or a stamped agreement, is simply a written document of mutual consent and is not legally valid in the courts.