Advocate Ram Shiromani Tripathi

Questions Answered by Advocate Ram Shiromani Tripathi (25+ answers)

Q: FIR Quashing of my registered FIR

Hello,there is one incident happend, 3 under 18 students driving 1 bike in a high speed and crash my dog and the felt down, after that we had heated arguments and then we told them to leave. later they lodge a register FIR against me mention that i beat them with bat and they had fracture. i believe facture happened because they felt down. what should i do in this.

Advocate Ram Shiromani Tripathi answered
Since an FIR has been registered against you, you should act carefully. First, consult a criminal lawyer immediately and cooperate with the police, but do not give any statement without legal advice. Collect evidence showing the accident happened due to their rash driving, such as CCTV footage, witnesses, medical records, or photos of the accident spot. If your dog was injured, keep veterinary records. You can also file a counter-complaint about rash and negligent driving. As the boys are minors, the matter may go to the Juvenile Justice Board. Apply for anticipatory bail if advised by your lawyer. Avoid contacting or threatening them directly.

Q: Request for Legal Consultation Under DV Act And 498A

A false and malicious case under the Protection of Women from Domestic Violence Act, 2005 and Section 498A of the Indian Penal Code has been instituted by my younger brother and his wife against me and my family members. In the said matter, I, along with my wife, my mother, my sister, and my brother-in-law, have been wrongfully arrayed as accused. The case is presently at the trial stage, and I seek independent legal consultation as I am dissatisfied with the current status and progress of the trial.

Advocate Ram Shiromani Tripathi answered
I truly understand how disturbing and painful it is to face a false case, especially when multiple family members are dragged into it. Allegations under the DV Act and Section 498A cause immense mental, emotional, and social stress. Since your matter is already at the trial stage, a careful review of evidence, contradictions in statements, and effective cross-examination is very important. False implication can be exposed through proper legal strategy. You may also consider legal remedies to protect elderly and innocent family members. Seeking an independent and experienced lawyer for a fresh perspective can help you regain confidence and ensure that justice is done fairly.

Q: Marriage Registration of my daughter

I want to register the marriage of my daughter at my native place of her birth although my daughter is married in another place & resides in other place

Advocate Ram Shiromani Tripathi answered
Marriage registration cannot be done at any place of choice. It has to be done only within the proper jurisdiction as per law. Generally, marriage registration can be carried out either at the place where the marriage was solemnized, or at the jurisdiction of the bride’s Aadhaar address, or at the jurisdiction of the groom’s Aadhaar address, provided one of them is residing there and the local Marriage Registrar has jurisdiction.

Q: Domestic violence and children mantinance

I am government teacher, my husband is RO in sactrate. He is alcoholic. We have two kids, obe is boy(8years), girl(5years). I am facing domestic violence and abusing behavior since last 7-8 years. Husband don't support me echonomicaly since last 1 yearI m 46 years old, my husband also 46.His parents took my all jewelry of marriage. Kya muhje dono bachcho ki custudy aur unki education aur future security k liye husband ki salary se money mil sakta hai? Kya shaadi ki jewelery vaps mil sakti h?

Advocate Ram Shiromani Tripathi answered
Yes, under the provisions of BNSS and Divorce Laws in India, you are eligible to receive maintenance from your husband. We will also assist you in the matter to recover your assets that have been taken from you and in your case for custody of your children.

Q: Non payment of gst invoice of which tax deposited by us

Is there any law in gst to recover payment of gst invoice of which gst amount deposited by us

Advocate Ram Shiromani Tripathi answered
Under GST law, there is no specific provision that allows recovery of the GST amount from the buyer simply because the supplier has already deposited the GST with the government. If the supplier has issued an invoice and paid the GST, but the buyer has not made the payment, it becomes a commercial dispute. The GST department does not recover such amounts on behalf of the supplier. In such cases, the supplier’s remedy lies under civil law, such as issuing a legal notice or filing a civil suit for recovery of dues, or taking action as per the terms of the contract. GST law mainly governs tax compliance and not payment recovery between parties