Advocate Saylee Chaudhari

Questions Answered by Advocate Saylee Chaudhari (50+ answers)

Q: It's related DV case & maintenance issues

2 years se DV Ka case dahanu palghar m ho raha hai lekin kuch response nahi kar rahe. High court se fast track process in month of sept but case ko bas tarikhe de rahe hai....iska solutions plz bataye bohot pareshaniya ho rahi hai plz help m

Advocate Saylee Chaudhari answered
यदि आपके DV (Domestic Violence) केस में पिछले 2 वर्षों से केवल तारीखें ही मिल रही हैं, तो सबसे पहले अपने वकील के माध्यम से कोर्ट में जल्द सुनवाई (Early Hearing) का आवेदन दें। यदि हाई कोर्ट द्वारा फास्ट ट्रैक के निर्देश दिए गए हैं और फिर भी उनका पालन नहीं हो रहा है, तो उस आदेश का उल्लेख करते हुए पालन (compliance) की मांग की जा सकती है। यदि अनावश्यक देरी हो रही है, तो उचित परिस्थितियों में पुनः हाई कोर्ट का दरवाजा भी खटखटाया जा सकता है। अपने केस की पूरी जानकारी और हाई कोर्ट के आदेश की प्रति दिखाकर सलाह लें ताकि उचित कानूनी कदम तुरंत उठाए जा सकें।

Q: Husband has obtained concurrent divorce decree from foreign court

Husband has obtained divorce decree from foreign court despite his own filed divorce case in pending in India

Advocate Saylee Chaudhari answered
A foreign divorce decree is not automatically valid or enforceable in India. If the marriage was solemnized under Indian law, the foreign judgment must satisfy the requirements of Section 13 of the Code of Civil Procedure and should not violate the principles of natural justice or the provisions of Indian matrimonial law. If the divorce petition is already pending before an Indian court, the foreign decree can be challenged, and the Indian court will independently examine its validity. Please share the country where the decree was passed, whether you participated in those proceedings, and under which personal law you were married for more specific advice.

Q: Counter complaint against 498a

Hello, my family is falsely trapped in 498a case. Can any counter complaint be registered against this complaint?

Advocate Saylee Chaudhari answered
Courts generally discourage filing a counter-FIR merely as a pressure tactic. The safer course is to first defend the 498A case, collect evidence such as messages, call records, emails, witnesses, medical records, financial records, CCTV footage, prior complaints, and proof of separate residence, and then assess whether a separate complaint is legally sustainable.If the complainant has knowingly made false allegations, you may consider the following remedies:1. Apply for anticipatory bail or regular bail and contest the case on merits.2. File a petition for quashing before the Hon'ble High Court if the FIR does not disclose any offence or if there is clear evidence of abuse of the process of law.3. If there is evidence that false statements have been deliberately made, proceedings for defamation, malicious prosecution, or perjury may be considered after the appropriate stage of the criminal case.4. If your family members have been subjected to threats, harassment, or false accusations, a separate complaint can be lodged regarding those specific acts.

Q: Is there any exact time to file DIVORCE by husband after wife filed DV

I married in February 2022. In August 2022, my wife went to her parents' house for pregnancy and has never returned except for two 2-day visits in January 2023 and August 2024. We have lived separately since then. During the first year, I visited her monthly at her parents' house, but she refused to return. In January 2026, she filed a DV case against me. She is unwilling to resume marital life despite my efforts, and our marriage has effectively broken down. So when to file divorce now or after

Advocate Saylee Chaudhari answered
Since more than one year has elapsed from the date of your marriage, you have two legal options. If you genuinely wish to continue the marriage, you may file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act seeking her return to the matrimonial home. Alternatively, if the marriage has irretrievably broken down and reconciliation is not possible, you may directly file a divorce petition on the appropriate legal grounds, depending upon the facts of your case.Before deciding, carefully examine the allegations made in the Domestic Violence case and ascertain the present stage of those proceedings. The pleadings, evidence, and reliefs claimed in the DV case can help assess her intention, the strength of her allegations, and the most appropriate legal strategy. Also preserve all evidence showing your efforts to bring her back, as it may be relevant in either proceeding.

Q: need support for cheque bounce Legal action

need support for cheque bounce 138 Legal action..1) Need further action on cheque Bounce required notice making , court case ..

Advocate Saylee Chaudhari answered
For effective drafting of the statutory notice under Section 138 of the Negotiable Instruments Act and for handling the cheque bounce proceedings before the appropriate court, I can assist you at every stage, including notice, filing, and representation. You may contact me through this platform for further legal assistance and guidance in your matter.