Advocate Sangeeta Rai
- District Court, Varanasi
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Questions Answered by Advocate Sangeeta Rai
Q: Wife Trying to change Child surname
My wife is trying to change child surname from father's to mother's.In School kid surname is as of father's.No court cases yet,my wife is living seprately with a kid.What should I do in order to stop my wife to change the child surname.Child is 5 years old & marriage tenure is 9 years.
Advocate Sangeeta Rai answered
Bhartiya bahumat adhiniyam has proposed to change the name of child under age of 18 with concent of father and mother of child, without concent of father and mother, can't change surname of child during life of child's father.after death father /mother , then name / surname can change of child by living parents.
Q: Fake injury report submitted by wife in etawa court
Fake injury report submitted by wife in etawa court basis which FIR was done.The police in chargesheet removed family members and charged me in dowry case. I have call data records of my family members and wife and their relatives which shows that all the members were not present at that day in that city ( Etawa)I have certified copy of medical report. I want to know if in Lucknow i can file case my wife and her father against this fake injury report
Advocate Sangeeta Rai answered
as per laws section 154(1) crpc , held that if any commission of cognizable offence in any jurisdiction of court, victim can register Zero FIR in nearest of police station where commission is conducted.According to your query, If you effective evidence against FIR and charges of DV act , then you have to go high court through section 482 crpc for quashed FIR.your relatives have right to Sue whenever your wife would living at your relatives house.finally, your relatives can protect themselve through the section 482 crpc for quashed FIR.
Q: Wife's Boyfriend Sending Money in Account
Hi Team,Greetings of the day.My wife had cheated me for a south indian guy working in California. Now my wife is lodging many cases against me with the help of money her boyfriend is sending her. That guy was sending money through someone else but every phonepe transaction has his name as remark. For this he was using an indian person to send money on behalf of him to wife's account. Now I want to file a criminal case against wife's bf for sending her illegal money. Can I file any case?
Advocate Sangeeta Rai answered
is your wife living with you? currentlyif, your wife is not living with you in your home, you can file 13 B divorce act.or , you have enough evidence of affair with her boyfriend then you can file adultery case against her, consequently you shall not pay any alimony to her on this basis.
Q: False FIR and Section 41A notice.
I have a FIR against me under IPC 406 and 420. I have a copy of FIR with me, I have proofs that shows every single point in FIR is false. \n\nFIR was filed in January 2023 in Lucknow. Police came to my door with 41A notice in Nagpur after 4 months in May End 2023?? How is that possible??\n\nMy lawyer told me 41A notice does not have a date. I have filed a AB but hearing is next month. Should I file a writ to quash FIR?
Advocate Sangeeta Rai answered
Court for:Quashing of F.I.R1.Inherent Power of High Court under section 482 of the Cr.P.CUnder Section 482 of Code of Criminal Procedure vested the inherent power of the High Court, to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.[8]The High Court's inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution.Hence, if the High Court is of the opinion that there is no prima facie ground made against the accused and the complaint lodged against the accused is vexatious, then the Hon'ble High court by using its inherent power vested under section 482 of the Code of Criminal Procedure, 1973, may quash the F.I.R.When a false F.I.R is lodged against the accused and a police officer or government servant knowingly registers such F.I.R and when the Subordinate Court passes any Order against the accused, in mistake of facts or ignoring the above fact, then the person aggrieved can approach the High Court under Article 226 of the Constitution of India to file a writ petition and High Court after getting satisfied that there is grave injustice taking place, the Hon'ble High Court can pass a writ of; 1) Prohibition. 2) mandamus 3)- Remedies after getting acquitted from the falsely implicated case:-1)Compensation for accusation without reasonable cause2)Filling a Civil Suit for Defamation
Q: Urgent help required on divorce under 13A
I have filed divorce under 13A and all the formality has been done and complete. My wife didn't appear on any notice. n1.She has rejected to come on the first notice.2. we have sent another notice and shared on whatsapp by the lawyer as directed by judge and she called my lawyer back and rejected to come in the court.3.Finally, we proceeded for ex-party and did publication and And she didn't come after as well. Since then publication, there is almost 6 months have been passed.But on the date of order, she appeared first time even court didn't send any notice to her. nShe filed her reply and I am seeking help that that should not be accepted or filing an objection. What are the options for me? If I will file the objection to her reply now. As her intention is make delay in the decision. Can someone give quality advice?
Advocate Sangeeta Rai answered
you should file 13 B 2 it's about divorce in mutual consent with in 6 months.if she wants to live with you than she will come during these 6 months otherwise court give decree to get divorce after 6 months.
Frequently Asked Questions about Advocate Sangeeta Rai
Can Advocate Sangeeta Rai represent me in court?
Yes, Advocate Sangeeta Rai can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Sangeeta Rai?
When you meet with Advocate Sangeeta Rai for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Sangeeta Rai?
Before your initial consultation with Advocate Sangeeta Rai, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Sangeeta Rai?
During your initial consultation with Advocate Sangeeta Rai, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Sangeeta Rai?
It is important to communicate with Advocate Sangeeta Rai regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Sangeeta Rai?
The cost of hiring Advocate Sangeeta Rai can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.