Advocate Salil Tripathi

Questions Answered by Advocate Salil Tripathi (100+ answers)

Q: How to withdraw 138 case ?

Hi Sir/Madam i want to withdraw 138 case please tell me the procedure i have hired a lawyer he drafted the case i have given him the drafting fee now case is in the court, i got first date but i want to withdraw the case because of some reason but my lawyer asking me the 10000 ruppe for withdraw case please suggest me what to do not yet summon release by court to second party. Thank you

Advocate Salil Tripathi answered
Sir, first of all i wish to tell you that i always provide the practical advise in regard. so regarding your query i would like to tell you that I cant tell anything about fee and amount for which you have engaged the lawyer. But if you wish to withdraw the case its totally over your discretion. As you are the complainant and this is also a complaint case, and without complainant it will not pursue further and it would be surely dismissed even if you dont attend the casse with reason "dismissed in default" and such dismissed 138 matters can only be restored by approaching high court only and filing review petition, which is not that much easy sir.second option, as you have told that summon have not been served/called upon so just say to judge on next that you wish to withdraw the case with an application and don't want to pursue further... you will surely be allowed to withdraw your case.## there are other many possible solutions but above two would be simple and easy.

Q: Divorce during pregnancy in india what to do ?

I want to get divorce on mutual consent. I m six months pregnent right now. can you get divorce while pregnant ? I m hindu.

Advocate Salil Tripathi answered
Pregnancy is not a huddle for divorce in mutual. When you opt for OTS( one time settlement) amount include for that infant too for future benefits. And they have to consider it.Divorce should be the last option. Best of luck for future.

Q: How to prove mental harassment by mother in law

Hello Sir/Madam, I have been married since March 2016 and am a government employee. My mother-in-law and husband harass me every day over trivial matters, making my life miserable. My mother-in-law has a significant influence on my husband, and he agrees with whatever wrong she says. When he returns from the office, she creates scenes and lies to him about petty issues, igniting fights and arguments between us. She openly tells my husband, right in front of me, to divorce me and remarry. I feel very helpless. My husband works a private job and earns a handsome amount. He and my mother-in-law constantly demand money from me. Despite always giving them a share of my salary, he insists that I transfer my entire salary to him. He doesn't inform me about where he spends the money I give him. For the past seven months, I have been staying with my parents. Please suggest how I can prove mental harassment by my mother-in-law.

Advocate Salil Tripathi answered
Mam, be relaxed. They will surely not file any case against you, because they have very few option left with them against you. Only restitution of conjugnal rights u/s 9 or divorce. But if they do so many no of cases against them can be filed from your side and their life will miserable thereafter. So it's up to you first what to do with them. File domestic violence, harassment, maintenance all cases against them. But never ask your husband to leave his parents as this point would be taken against you as cruelty. As asking husband to leave his parents is part of cruelty as per supreme Court letest ruling. So take appropriate legal steps to teach them a lesson. Best of luck for future.

Q: If my husband is cheating what should i do legally ?

I got married two years ago, but later I found out that my husband is having an affair with another woman. I do not want a divorce, but I want to know if I can take legal action against my husband and the other woman. Can I file a case against my husband for cheating under Indian law? I am a Hindu.

Advocate Salil Tripathi answered
Yes, you have the right to file an FIR against your husband and the woman involved under adultery laws. However, before taking this step, consider the possible consequences, as your husband may file for divorce in response. A better approach would be to gather senior family members from both sides, present your allegations with proof, and try to resolve the issue amicably. If that doesn’t work, you can proceed with legal action through the court or police. Wishing you the best.

Q: can i drive yellow board car with lmv license

i am having regular LMV license can i drive taxi with lmv driving license. i read in newspaper that high count of delhi allowed regular LMV license holder to drive commercial vehicle. please check and confirm

Advocate Salil Tripathi answered
Yes the court has ordered to drive lmv for commercial purposes. But I don't think that RTI has ammended it accordingly. There is no restriction at all dear. Drive as per your convenience. There is no problem at all.