Advocate Swati Pandey

Questions Answered by Advocate Swati Pandey

Q: Me and my husband signed mutual divorce agreement we share a flat 50/5

Me and my husband signed mutual divorce agreement we share a flat 50/50 and he has not been paying the loan.Now he stated in agreement " he will relinquish his share in favour of wife for the future of children" and " this agreement won't affect the right of minor in any case" .The loan is pending amount 22.5 lacs,please tell me would I wil be the sole owner and later on can I sell this property as I will fix some amount as FD for the children and will buy a 2bhk selling this 3bhk near my parent

Advocate Swati Pandey answered
Firstly make sure that the loan is paid by your husband and then the ownership of flat is given to you fully. If you get the ownership without loan amount is paid then liability to pay loan will shift on you. Ones you become the sole owner then you can sell the flat.

Q: Role of evidence (Vedio recording, social media chats and status)

Wife left husband house go to the police station (wife sit in police station for 8 hours, waiting for her family) but leave without written complain.Next day files an FIR at own city, after 3 days they done a medical, in which 1 minor injury are shown.And provoke husband to abuse her on social media. 1.Will chats abusive message will use as cutely against wife (2-3 time after gone) ?2. Does this medical is valid ? She was ok at the time of leaving from station.

Advocate Swati Pandey answered
The electronic evidences are truly admissible in the courts. Hence the social media chats, abuse would be considered and also the medical. But it depends on the gravity of injury and evidence that how much emphasis to be laid down.

Q: Crualty wife and I want to be divorce

Mai aur meri ma dono kaam krte the tab ghar me 15000 ata h ye bolke patni se shadi kiya tha baar baar patni jhoothi marpit aur dahej ki jhoothi case me fasane ki dhamki deti thi is wajh se hmne sanadh wakil k jariye banwaya jo mahila thana aur D.I.G ke pass bheja tha whi kagaj uske pass h to jisme vakil ne sirf 15000 kamate ye lik diye the ab wo maintenance lene k liy har jagah jati h meri ma kaam chor chuki h mera salry 8000 hai kya kre sir uss aurut ko divorce dena chahta huam court kya bolega

Advocate Swati Pandey answered
Divorce lene k liye divorce petition daale usmein sab likhe ki kya kya hua and kyu divorce chahiye. Jab divorce petition dakhil karenge tab mediation k liye bhej sakte hai samjhote k liye. Agar samjhota hogaya toh thik werna court mein divorce ka mukadma chalega aur apni wife ko maintenance ya alimony dena padega

Q: My application was dismissed by session court

Police filed FR and revision court dismissed my application and case treated as complaint stage is argument. Need lawyer for this

Advocate Swati Pandey answered
File a Criminal Revision / Petition under Section 538 BNS before the High Court. This is the most effective remedy when the revision court has wrongly dismissed your revision.The Magistrate has incorrectly treated the matter as a complaint or has not considered your protest petition properly.File a Protest Petition (if not already filed)

Q: Criminal cases pending in court

I have the filed criminal case on a ex bf through FIR in 2016 under IT Act , police filed chargesheet in this and I have not received any summon from court but case is still pending and now I have for forgiven him then how to dispose off the case , should go to court and change the statement pw1

Advocate Swati Pandey answered
Concerning your query, you can enter into a compromise and submit that comprise and file an affidavit stating as parties have entered into a compromise i want to drop all the charges. For this submit compromise at Trial court and for quashing of chargesheet you can file application u/s 528 BNS. I have recently worked on a similar case like yours.