Advocate Shubham Agarwal

Questions Answered by Advocate Shubham Agarwal (50+ answers)

Q: My husband has an extra marital affair with a separated girl

Please suggest what to do after 16yrs of our marriage

Advocate Shubham Agarwal answered
If you married under Hindu law, Section 13(1)(i) of the Hindu Marriage Act, 1955 permits you to seek divorce if your husband has voluntarily had sexual intercourse with another person during the marriage. Similar provisions exist under Section 27 of the Special Marriage Act, 1954.If you are financially dependent on your husband, you may be eligible to claim maintenance, depending on the applicable law, your income and his financial circumstances. You may also seek interim maintenance during proceedings.If domestic violence is involved, the Protection of Women from Domestic Violence Act, 2005 may provide monetary relief and other protections.

Q: Evidence Required For Annulment Of Marriage Under The Following Ground

This lady is an orphan,her relatives fixed her marriage,they never shared photo or detail of the groom with her,neither she was allowed to meet the groom in person or allowed to talk over phone, neither her relatives asked for her consent for the marriage. She was ordered to get married. She saw her groom for the first time on the wedding day. The lady has decided to file for Annulment of this marriage under these grounds, what are the evidences she will need to produce before the court ?

Advocate Shubham Agarwal answered
A. The marriage and her statusProof of the marriage: invitation card, photographs and videos, priest or venue details, and the marriage certificate if one was registered.Proof of identity and date of birth (Aadhaar, school certificate, birth certificate), to establish her age.Proof that she is an orphan: parents’ death certificates and any guardianship records.Proof of her dependence on the relatives: who she lived with, who paid for her education and upkeep, and any threats to stop support or evict her.

Q: False allegations False FIR filed

If an FIR is filed against me under 8 different sections and during filing of the Charge Sheet 4 of the most grievous sections are dropped by the Police. Am I eligible to file a False Case against the complainant.

Advocate Shubham Agarwal answered
Until and unless the case is fully quashed or you are discharged from all the sections, you cannot initiate any civil actions for filing a suit of malicious prosecution, but definitely you can choose to file a counter FIR against the accused.

Q: Is Survivor's Testimony Enough For Molestation Charge ?

In absence of witness or digital evidence is testimony of the survivor enough to convict a accused for Molestation (inappropriate touching) ?

Advocate Shubham Agarwal answered
Yes. Under Indian law, an accused can be convicted of molestation on the sole testimony of the survivor, with no independent witness or digital evidence, if the court finds that testimony credible, consistent and trustworthy. I'm not a lawyer, so treat this as general legal information rather than advice on a specific case.Legal basisApplicable offencesMolestation is generally prosecuted as assault or criminal force to a woman with intent to outrage her modesty: Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023, earlier Section 354 IPC. Sexual harassment (Section 75 BNS, earlier 354A) may also apply.If the survivor is under 18, the POCSO Act, 2012 applies (e.g., Sections 7-8 for sexual assault). Section 29 raises a statutory presumption against the accused, which shifts the burden onto him to rebut it.

Q: Regarding False Criminal Case and Anticipatory Bail

Sir, I am writing regarding the false criminal case filed against my father involving allegations of attempt to murder and molestation. It has been more than one month since the case was filed, but the police have not given him any notice or informed him about the case or investigation. We came to know about the matter only later. Unfortunately, by the time we were informed, the CCTV footage from his house had already been overwritten/deleted, so we are no longer able to provide that footage

Advocate Shubham Agarwal answered
Given the seriousness of the allegations (attempt to murder + molestation), if there's any risk of arrest, your father's lawyer should immediately file for anticipatory bail under Section 482 BNSS (erstwhile Section 438 CrPC) before the Sessions Court or High Court.