Advocate Shweta Pandey

Questions Answered by Advocate Shweta Pandey

Q: Can I modify my reply and affidavit

My wife went to her parents home for a routine visit but then never returned. She filed 125CrPC against me 2 years ago. I have filed my reply and affidavit of assets. Evidence not done yet. No interim order has been passed yet. Now I feel that I should amend my reply and affidavit of assets and file A "Restitution of Conjugal Rights" application. Is it possible to do this? we both are Hindu.

Advocate Shweta Pandey answered
Hello, Yes you can file an amendment application as well as go for Restitution of Conjugal Right Application in Hon'ble Family Court only if your bonafide intention is to save your marriage.Hope this helps

Q: Husband wants to separate but not initiating legally

I was married in 2018 . After several attempts for reconciliation made by me & our family , my husband was adamant he wanted to move out of this marriage . In Dec 2022 bcz of the circumstance created by him , I had to move out. It started taking a toll on me mentally and physically. My husband wants to get separated from me whereas I never wanted to . It’s been more than 1 year since I moved out, he never contacted me. He wants to separate but not initiating anything legal .What does it mean?

Advocate Shweta Pandey answered
Hello,Hope you are well.If you also wish to get separate legally or divorce you can initiate a divorce case by yourself in Hon’ble Family Court of your jurisdiction.if you want to stay and continue the marriage then you should initiate a application under section 9 for Restitution of conjugal right in the Hon’ble Family Court

Q: I convicted 138 case in Trail court

NI Act 138 case Filing Limitation Perioed Legal notice sending to case file in court. Please help me.

Advocate Shweta Pandey answered
Hello,Hope this helps you.Limitation period for sending legal notice in NI Act is 30 days from the day you received the Acknowledgment from the bank if the cheque is bounced. After which 15 days time is considered for getting a reply. Once the 15 days is over from that day in next 30 days you have to initiate a criminal proceeding against that person.

Q: 498 Case Against My In Laws Ann Husband Drugg Addict How Can

When I was married, my father in law said you both will live separate, and my father in law and my biological mom in law divorced 10 years back, so when our marriage took place new mom in law was there ,so after my marriage after 7 month my hubby elder brother said. Keep our mom with you, I said okay no issue but after sometime she also started cruelty for not having baby , by this my hubby used to beat me ,, and much more for little little things my hubby use to beat me, so. I had filed a case against my in laws and hubby as he is drug addict and he also beat me.. as I have filed a case so I can tell them na ki his real mom was not there at the time of marriage nor he was in contact with her mom( his mom also done two marriage). So how can she can live with us .. so in court can I be forced to. If my hubby says falsely that she used to not take care and all. ( I used to take care but than tooi was beaten,. So he will take his mom side but can I say that when marriage was done u

Advocate Shweta Pandey answered
Hello,You can appoint an advocate in this matter to assist you and guide you and who can present your side of the story in the matter before the Hon'ble Judge. He can also guide you if you do not have any evidence.Hope this might have helped.

Q: Hi,nMy contested divorce proceedings are ongoing for the past 5 years.my now separated wifes lawyer

Hi,nMy contested divorce proceedings are ongoing for the past 5 years.my now separated wifes lawyer and the judge have issued an arrest warrant in this regard on account of maintenance payment issue.From my side we have already stated that I can't pay the said sum which she's demanding as i have health issues and am out of work.i have paid the school fees of both the kids who are with her consistently.My lawyer has applied for a writ petition in the high court stating the same..I'm very worried as it is an arrest warrant .but lawyer said not to worry as we are going to high court.can anything happen in between that period to me??will the warrant be non bailable..what if I make the payment immediately taking a loan .please help

Advocate Shweta Pandey answered
Hello,you can ask your advocate to file an application in the said court for the cancelation of the arrest warrant. Later, the judge might consider and cancel the warrant issued.hope this might help