Advocate Siddharth Srivastava

Questions Answered by Advocate Siddharth Srivastava

Q: My ex married another woman in Nov.'22. He kept promising me marriage till March'23. He hid his marr

My ex married another woman in Nov.\'22. He kept promising me marriage till March\'23. He hid his marriage from me which I discovered the day he got arrested. However, sexual relationship with me was established last time in April\'22, well before Nov.\'22. Does this take away the merit of my case?

Advocate Siddharth Srivastava answered
In the given circumstances, no case of rape is made out. in several cases SC has ruled that if two major persons of opposite sex enter into sexual relation voluntarily then no case of rape us made out. sexual relation in April 22 hamper the case as there would be lack of evidences.

Q: Contested Divorce clarification on timelines

Hi Team,\n\nI am contesting divorce and Respondent is taking the liberty of dragging the case by praying time. it has been referred to Mediation for 3 times and it has failed. So can we file an application to fix the timelines for settling this case. Please clarify

Advocate Siddharth Srivastava answered
As such, there is no provision for parties including plaintiff to direct the court to fix the time line in particular case. Even in cases high court mandate the time frame but due to work load of courts the sane could nit be followed.

Q: Shall I get another certified copy

I have received certified copy as I applied as in person(myself). After few days my lawyer applied CA to get certified copy. Did he get again certified copy from the court? Will court provide copy to him?

Advocate Siddharth Srivastava answered
yes. As such there is no limit for getting certified copies of court records including orders and other records etc. of the case. However, purpose is required to mentioned and the received copy could be used for stated purpose.

Q: for this case where bail has been granted discharge is better or quash

The investigation of this crime is over and\ncharge­sheet is filed. In the light of foregoing, prima facie it\nappears to be consensual relations then in that eventuality, the\noffence at this stage against the applicant is not made out. The\napplication for pre­arrest bail is maintainable. Physical custody of\nthe applicant with the investigating agency is unwarranted since\ninvestigation is set at rest also, the offence is not made out. On all\nthese grounds, the applicant deserves for pre­arrest bai

Advocate Siddharth Srivastava answered
very vague contents of query. what is complaint? details required. if the offense is under section 376 IPC I.e. rape and not bailable, then apply for anticipatory bail. Relation was mutual or not, which is a matter of trial. Investigating an agency has full authority to have custody of complainant if the complainant is minor or until the investigation is not complete. if complsinant is minor then her consent does not matter. Being accused, you donot have any say in the police investigation nor you have any authority to dictate or guide police.

Q: Fake Complaint registered by wife at CAW cell

I got Married in 2021 and my wife left my home in the month of March 2022 for the sake of performing Holi Rituals. After that, she is not willingly to return at my home. she made her stand clear that she does not want to stay with me anymore and want separation or divorce. The day she left my home, she took all her jewelry, my jewelry and few of my mother and father. I had already filed a complaint or information about this to the police. Now last week she had lodged a fake complaint against me.

Advocate Siddharth Srivastava answered
How complaint filed by wife is fake? complaint can be false but cannot be fake. Since wife has filed complaint do police will accordingly investigate the matter and if police call you then join the investigation and put your version. Take guidance of a competent lawyer.