Advocate Shikhar Vats

Questions Answered by Advocate Shikhar Vats (25+ answers)

Q: appeal against order of sessions court of allowing Revision Petition

I filed criminal case against 4 accused, out of which two accused filed a revision petition against the trial court's order of issuing summons to them. The sessions court allowed the revision petition and set aside the order of trial court and two of the accused got their names removed from the trial. I want to know that can I appeal against the sessions court order in which they have allowed the revision petition. Will it be possible to get the names of the two of the accused again included in the trial. To which court should I go for appealing? What is the procedure for filing an appeal against revision order in this context?

Advocate Shikhar Vats answered
U can challenge the order of session court in high court against the acquittal of the said accused person. In my opinion State will also against this order in high court. U can file a criminal appeeal in high court challenging the order of session court.

Q: Boy filing for mental harassment case against girlfriend in case of breakup by girlfriend

A girl make a relationship in age of 16 and at age of 18 she brokeup because she find another men .. then his ex-boyfriend start abusing her and threating her that he will kill her new boyfriend.. and also threaTen her that he will uploadher personal pics on social media and show it to her parents and also stalk her everywhere badly.. and warn her that if she marry with his present boyfriend he will file case of mental harrasement in high court and expolit her .. he daily warn her stalk her from last 1year.. what she will do to move out of this fear ??... is he really have right to do case of mental harrasement if she broke up with him after having physical relationship and marry another guy?, can a boy file a case against her ex girlfriend ?

Advocate Shikhar Vats answered
Indian penal and cyber laws provide a comprehensive protection layer to indian women against such stalker, blackmailer who try to outrage the modesty of any women in any manner whatsoever. So u don’t need to worry that u will be in trouble if he files any such case n in furtherance over ur doubt I would like to clear that even if he files any such case for mental harassment in court, such frivolous complaint will not be maintainable n court will dismiss the said complaint. It would be highly recommended from my side if u approach a local cyber crime cell n tell them that u have an apprehension that ur ex boyfriend has some of ur private pics which he threatens to make viral on social media therefore u want to lodge a complaint against such person

Q: My wife has committed adultery what are my rights in india, can i file for divorce?

i got married 2 months. Now I found her fb chats to boyfriends about sex etc. I have my wife call details also. my wife cheated on me and i want a divorce ,Can I file divorce case on the bases of adultery. in case of adultery , what are the others proof which is required for this case?

Advocate Shikhar Vats answered
yes u can file a divorce case against your wife on the ground of cheating. Although your wife is involved with some other person outside her wedlock but till date Indian Laws does not consider women guilty of adultery. Only a guy can be convicted under adultery charges if he has sexual relations with any other married women without the consent of the husband of that lady, in such cases women cannot be punished as abettor. U must have read in the newspapers of late that even Supreme Court had to take cognizance of this gender bias which our legal system has been carrying of since ages. So my friend u cannot charge ur wife guilty of adultery but yes for sure this can be a good case for seeking divorce on grounds of cheating.

Q: What is the police's role in cheque bounce case ?

I have given two cheques of amounts 10,000 and 30,000 to another party, but both cheques bounced. Now they are saying they will file a case against me, my brother, and my father. I want to pay the money within 15 days, but they are not giving me time and said I will be arrested by the police. What should I do now? Can police arrest me in a cheque bounce case? How to escape from a cheque bounce case?

Advocate Shikhar Vats answered
There is no role of the police in a cheque bounce case. If a cheque is bounced, then the aggrieved party can file a cheque bounce case under Section 138 of the Negotiable Instrument Act. Before filing this case, the party is required to serve you with a notice within 30 days from the date the cheque was bounced, and you must respond to that notice within 15 days of receiving it. After this, they can file the case, and the court will issue you a notice or summons to appear on the prescribed date. You can seek bail by submitting a bail bond along with sureties. If you do not appear before the court on the scheduled date, the court may issue a bailable warrant and, if you continue to abstain, a non-bailable warrant. In that case, only the police will be involved to ensure your presence in the court. However, since you want to pay the amount, if the opposite party files a cheque bounce case against you, you can request the court to send it for mediation.

Q: What is the format of appeal against maintenance order?

Dear Sir, my divorce case is filed in Karkardooma Family Court, New Delhi. After 3 counseling sessions, my case has gone through 2 official court sessions. On the latest session, which was on 17th February 2018, the judge passed an interim maintenance verdict requiring me to pay my wife Rs. 50,000 as maintenance. My monthly salary is Rs. 44,000, and I have my own expenses, details of which were attached to the initial petition. My question is, is there any way to appeal against the maintenance order, as I believe the decision could have been different if my lawyer had appeared in court that day? Although the written order has not yet been issued, I am concerned because my lawyer has not been responding to my calls or messages for the past 3-4 days. How can I proceed to appeal against this decision and ensure I receive the written order promptly?

Advocate Shikhar Vats answered
If ur lawyer is not responding to your call n msgs then u can simply go to that court by which this interim order of maintenance was passed n there u can ask the court master who sits right down the podium of judge to provide u with the details of the order passed by court on last date. If the court has passed the said order which u apprehend then u need to file an appeal against this order in Delhi High Court n u have to do this work asap so that ur appeal is not barred by Sec 5 of Limitation Act. But before doing this u also need to get certified copy of that interim order passed by court n for that u need to contact ur lawyer through any means since certified coy has to be applied by your lawyer only.