Advocate Shipra Satija

Questions Answered by Advocate Shipra Satija

Q: Procedure for annulment of marriage

I registered a court marriage last year in December and still our marriage not performed as per hindu rituals and now we have decided to part ways. As it is less then a year and we cannot file divorce so can we file annulment to void this marriage or what can be done for the same as both have decided mutually about the same to get seperated as soon as possible. Religion - Hindu (for both spouse)

Advocate Shipra Satija answered
Yes, you can get a divorce either by mutual consent or on the grounds of desertion. There are few things you need to consider before moving ahead, as it's been 8 years since you are living separately. You should consult a qualified lawyer and discuss your case in detail. Don't worry, everything will sort out. You can remarry after getting your marriage annulled. As far as funds are concerned.. we will find a way. You can contact me, I will help you.

Q: Will quashed criminal case affect student who wishes to study abroad

I have a case under ipc 308 324 34 and went for jail for 3 days . Its a cross case both parties went jail and are on bail . Now both parties want to quash this case by mutual settlement . Is it possible I am a student (21) and want to go abroad please tell me what will happen after quash is there any problem in visa after quash or quash doesnt possible because 324 is non - compundale under crpc

Advocate Shipra Satija answered
A Supreme Court bench of Justice K.S. Radhakrishnan and Justice A.K. Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties. When the parties reach settlement in respect of offences enumerated in Section 320(2) of the Code, compounding is permissible but it requires the approval of the Court. In so far as serious offences are concerned, quashing of criminal proceedings upon compromise is within the discretionary powers of the High Court. In such cases, the power is exercised under Section 482 of the Code and proceedings are quashed.Regarding your chances of getting visa or other immigration formalities it depends on the laws of the country you are planning to visit I suppose. You have to be very careful what you are going to write in your application. It will show up. They will most likely to run a background check and it may be a concern for them. In my opinion you should check this beforehand with your immigration agency or some official, tell them the truth and they might help you. Please be careful and do not fall prey to agents and get duped in the process, some people would try to make money out of your problem and won't be any helpful. I wish you all the very best for your future. Good luck.

Q: Procedure to file for the contested divorce

My in laws and husband has put allegations on me like i have taken jewellery before i left and he has denied that he has never physically abused me . I Live in chennai and after marriage i returned to chennai for my job. within 20 days of time they have tortured me still i kept adjusting myself but it continued till Dec 2017 from may 2017 and one day he sent me notice to leave job and join him immediately and i decided that day to give him divorce . i sent him legal notice for mutual divorce however he put allegations on me that marriage was never consumated and i have trapped him and spoiled him and also now he is putting the blame that he never lived with his family and he stayed always in rented flat which is false but he has shown the pay rent from jan 2018 to apr 2018 , i have completd 2 hearings where every allegations are agianst me . kinldy help me how to proceed . we have gifted him one honda city and jewellery worth of 10 lacs and now they are denying that i have taken all .

Advocate Shipra Satija answered
You may file a complaint against him and his parents in CAW cell. Also file a written complainant in your local police station and try to get a receiving of the same, you can sent it via speed post or registered A.D. as well. On next hearing ask your counsel to attach the copy of the report and file it before the court. The probation officer will record your statement and submit a report before the court in given time. Meanwhile the police will act on your complaint and initiate an investigation, it will help your case. You should ask your counsel to draft a well written reply to all the allegations denying it para wise. The court may acting on its discretion may issue warrants against your husband and in laws and summon them to appear before the court for further proceedings.

Q: Can compensation be demanded from the government

SIR/MADAM, I HAVE FACED A HEAVY LOSS DUE TO DEMONETIZATION AND GST . HAVE TO SELL OF MY MACHINERY , MY HOME AND FACTORY. CAN I DEMAND FOR COMPENSATION FROM THE GOVERNMENT ?

Advocate Shipra Satija answered
I don't think you can sue the RBI or government for your loss. It is true that because of demonetization legal and fundamental rights of citizens have been violated, especially the right to property. Any act done within the powers of RBI cannot be challenged and if challenged is bound to be dismissed.

Q: What to do if fraud has been done with me

A man first made physical relations without my consent forcibly and after that he said that he did it because this is what happens on first night with wife and thereafter indulged in such activities after promising the marriage and callings me as his wife and suddenly after 2 years of such things one day he got engaged to someone else and kept on lying to me that he'll only get married to me now that I've come to know that he is engaged and lying to me he says he never intended to get married to me and just wanted to have fun

Advocate Shipra Satija answered
You may file a complaint against him in police station refraining him from causing any harm to you in future. Here the alleged offence would attract only Section 420 (cheating) of the IPC. You may file a case against him under Section 376 (rape) of IPC for having sexual intercourse without consent on the false promise of marriage but it is very difficult for you to prove the charge. You may also file a case against him under sections 506 (criminal intimidation) in case of blackmail.