Advocate Sudhanshu Tripathi

Questions Answered by Advocate Sudhanshu Tripathi (25+ answers)

Q: REGARDING HUSBABD NEGLIGENCE inthe form not spending as per his status

MARRIED SINCE 12 YEARS,HUSBAND NOT SPENDING TIME AND MONEY ON ME,SPENDING MOST OF HIS TIME WITH MOTHER AND REAL MARRIED SISTER,WHICH LIVE WITH MOTHER ,INSPITE OG GOOD EARNING HE DONT BRING ANY LUXURY ITEMS IN HOUSE LIKE ACHE HAS CAR,BUT MOST OF TIME HE IS OUT OF STATION WITH CAR AND ME AND MY SON HAVE TO TRAVEL BY AUTO TO ENTERTAIN OUR SELF IRRESPECTIVE OF WEATHER CONDITIONCAN I FILE ANY CASE AGAINST ME AR OF NEGLIGENCE.I DONT WANT DIVORCE BECAUSE I NEED HIM FOR MY SON.

Advocate Sudhanshu Tripathi answered
Dear Client,You have been married for 12 years and are facing issues with your husband who does not spend time or money on you, prefers his mother and sister, and forces you and your son to travel by auto while he uses a car, causing inconvenience. You wish to file a case against him for negligence but do not want a divorce because you need him for your son.In Indian family law, you may consider the following options:1. Maintenance Claim: You can file a petition for maintenance under Section 125 of the Criminal Procedure Code (CrPC) or under the Hindu Marriage Act/Domestic Violence Act to seek financial support for yourself and your son.2. Domestic Violence: If you are facing emotional or economic abuse, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005, for protection and relief (including monetary compensation).3. Restitution of Conjugal Rights: You can file a petition for restitution of conjugal rights if you want your husband to resume marital duties, but this may not directly address negligence or financial issues.4. Negligence Claim: A civil suit for negligence is generally related to personal injury or property damage, which may not apply directly to marital conduct unless specific harm is proven.

Q: Dispose off the pending criminal case in court record

I have filed a criminal cases on my ex bf through police FIR in 2018 u/s 354,354d and 504 ipc and court issued summon to me on 2019 , i recorded the pw1 statement and next date is fixed for cross examination as it is pending from accused . After that I don t appear in court till 2025. Now I want to disposed off the case but there is no summon received for cross examination . Now what to do my address also change and no information about the case and even date not know to me

Advocate Sudhanshu Tripathi answered
Since you are the complainant and PW-1 in a case under Sections 354, 354-D and 504 IPC, and your cross-examination is still pending, the case cannot be disposed of without your evidence being completed. As you did not appear after 2019 and your address has changed, the court may have issued summons at your old address, which you did not receive.You should immediately approach the concerned trial court through a local advocate, inspect the case file, and take the next date of hearing Thereafter, you must file an application for updating your present address on record and another application for recalling yourself for cross-examination under Section 311 CrPC. If you no longer wish to prosecute the case, you may also explore compounding (if legally permissible) or state before the court that you do not wish to support the prosecution, after taking proper legal advice.Until you appear before the court, the case will not get concluded properly.

Q: My and my wife account has been Lien in of 35000/- Rs by cyber cell.

On 4th Nov,25 I got a msg that my account is lien in for 20000 @ 15000/- Rs respectively.I directly go the bank where they say contact with local cyber cell of your area,when I go there with the reference no given by the bank they checked and said it is not done by us but by Bihar police.They have given the name of the concerned I/O and mobile no but it was not working or not connecting.I also emailed to this IO and got no response.Now what can I do.

Advocate Sudhanshu Tripathi answered
If your bank account has been lien/frozen on the instructions of Bihar Police, it is usually done under Bnss during investigation of a cyber or financial offence. Since the local cyber cell has confirmed that they have not issued the freeze, you should immediately take the following legal steps:1. Submit a written application/representation to your bank seeking a copy of the freeze order and FIR details.2. File a formal written application before the concerned Investigating Officer (I/O) of Bihar Police requesting de-freezing by explaining that you are a bona fide account holder.3. If there is no response, you can legally approach the Jurisdictional Magistrate under bnss for defreezing of your bank account.Till the investigation finds your account directly involved in the offence, it cannot be kept frozen indefinitely as per settled legal principles.

Q: Final Report filed but no case number after compromise

Police filed Final Report in my FIR after both parties reached a compromise outside court.in 2022 No trial case number was registered in the court. I need a certified copy of the Final Report for my records for passport verification. Should I mention only the FIR number on the certified copy application form, or do I need to find a case number first? How can I trace it if no case number exists?

Advocate Sudhanshu Tripathi answered
For obtaining a certified copy of the Final Report in your FIR where both parties reached a compromise outside court in 2022 and no case number was registered, you can mention the FIR number on the certified copy application form.You don't necessarily need a case number since no case was registered in court.

Q: Divorce filing as wife is cheating

I came to know my wife is cheating on me. I had discussed the matter with her and laws. She agreed she did a mistake and forcing for forgiveness and mentioning about suicide if I don't forgive. She used to pressurize like this earlier for small fights. I want to file for divorce. I somehow took insta deleted posts from her account. But not sure how much that will help. I am unsure what should I do now

Advocate Sudhanshu Tripathi answered
In India, divorce laws vary based on personal laws depending on religion. Given your situation:1. Grounds for divorce: Adultery is a valid ground for divorce under the Hindu Marriage Act, 1955 (if you're Hindu).2. Evidence: Deleted Instagram posts might not serve as strong evidence in court. You may need more substantial proof of infidelity.3. Emotional manipulation: If your wife has used threats of suicide to pressurize you, document such instances as they might be relevant in court proceedings.You should prioritize your safety and well-being, especially given the mention of suicide threats.