Advocate Vinayak Bhatia

Questions Answered by Advocate Vinayak Bhatia (25+ answers)

Q: Interim maintenance execution under sec 125 crpc can be rejected

Wife interim maintenance order passed and she filed execution for the said order. Her cross examination is also over and in the cross she stated that I have no relation with my husband. My question is that with this statement can execution petition for the said order can be rejected.

Advocate Vinayak Bhatia answered
If an interim maintenance order has already been passed and has attained finality, the execution petition can proceed unless the order is set aside or modified. A statement made during cross-examination, such as the wife claiming she has no relationship with the husband, may raise doubts about the subsistence of the marital relationship, but it does not automatically nullify the previous order.

Q: Criminal case under trial court at prosecution evidence stage

I am complainant n witness of a crime, I report to police abt incident n MLC done for victim but no FIR done by police, moved to court 156/3 n after 2 years CJM court found cognizable offence n ordered police to lodge FIR u/s 323, 325, 326,452, 504,506 ( 326 & 452 removed by police in chargesheet, also one acussed name out of 03 ) , case is under trial, If the acussed acquitted by trial court due to lack of evidence , does acussed can file any case against complainant or victim in future ?

Advocate Vinayak Bhatia answered
If the accused is acquitted due to lack of evidence, they may take legal action against the complainant only if they can prove that the case was filed with malicious intent or false allegations. However, an acquittal alone does not automatically make the complainant liable. Any claim against the complainant would require strong evidence that the complaint was knowingly false or intended to harass the accused.

Q: Need help finding funds in NRI account

I am British citizen (living in UK after separation) my husband is Indian citizen (living and working in Qatar)- my husband has been very hostile to give divorce, finally divorce in progressing in UK as per English law. Now I am fighting financial settlement. During marriage I paid for housing etc. My Ex invested all his money in India - he has high salary as chartered accountant.How can I get details of his accounts for the English court? He is not cooperating at all.

Advocate Vinayak Bhatia answered
Since your ex-husband is living in Qatar, his salary is not taxable in India unless he remits it to an Indian bank account. However, if he has investments, properties, or financial assets in India, those must be declared in Indian tax filings. You can request a UK Financial Remedy Order for global financial disclosure, including Indian investments. Additionally, an Indian lawyer can assist in tracing bank accounts, property records, or tax filings through legal means. If needed, a court order in India can compel disclosure of his assets for the divorce settlement.

Q: Process of transferring gold to spouse

Process of transferring gold to spouse… Process of transferring gold to spouse….. Process of transferring gold to spouse….Process of transferring gold to spouse….Process of transferring gold to spouse….Process of transferring gold to spouse

Advocate Vinayak Bhatia answered
For transferring gold to a spouse, you may execute a gift deed to legally transfer ownership, ensuring clarity and avoiding future disputes. If the transfer is part of a divorce settlement, it can be included in a mutual settlement agreement or court order.

Q: E-Rickshaw parking and Battery swapping in residential Area

Dear Sir/MadamIn my street have illegal commercial E-Rickshaw parking and Battery swapping station, whole Street people terrorized by this, i written compaint to Police station, Deputy Commisioner of police and SDM, MCD DC along with street people sign, but there no action taken by govt administration, i is not my personal problem it is whole Delhi situation wherever illegal commercial E-Rickshaw swaping and parking What should i do next step

Advocate Vinayak Bhatia answered
Since complaints to the police, SDM, and MCD have not yielded results, you can file an RTI to check the status, escalate the matter to higher authorities, and consider filing a Writ in the High Court for necessary action. Additionally, raising awareness through local media and gathering community support can increase pressure on authorities.