Advocate Vinita Pandey

Questions Answered by Advocate Vinita Pandey (25+ answers)

Q: Domestic Violence, Photo Dispute & Marriage Registration Issu

I seek legal advice regarding serious issues faced by my daughter in her matrimonial home. It has been nearly two years since her marriage. Despite police advice, the groom and his family are not cooperating. Money was paid for wedding photography and videography, but they have refused to provide it and now deny receiving payment despite WhatsApp evidence. The groom is refusing marriage registration.The groom’s name differs from his Aadhaar. My daughter is facing continuous domestic violence.

Advocate Vinita Pandey answered
Your daughter has several legal remedies. If she is facing continuous domestic violence and cruelty from her husband and in-laws, she can file a complaint under the Domestic Violence Act, 2005 and also initiate criminal proceedings for cruelty and harassment. She can seek protection orders, residence rights and maintenance from the court.Regarding the refusal of marriage registration and the discrepancy in the groom’s name on Aadhaar, these issues can also be raised before the appropriate authority and court if there is any misrepresentation. The WhatsApp chats and proof of payment for photography/videography will be valid electronic evidence and can be relied upon.It is advisable to collect all available evidence and take legal action promptly to ensure your daughter’s safety and protect her legal rights.

Q: Regarding Settlement through Lok Adalat

There are two cases pending against me, Maintenance case and an FIR which include 498A and 3 other sections.We're reaching through settlements and want to settle the matter through Lok Adalat.1. If we chose this path, would all this matter be closed in a single day?2. If closed, would her testimony would be require in any court?3. And would we need to go to the High Court for further quashing?4. If High Court step is needed, would her presence be necessary or only an Affidavit will work?

Advocate Vinita Pandey answered
If both parties have reached a genuine settlement, the maintenance case can be disposed of in Lok Adalat on the same day with mutual consent. However, the FIR under Section 498A and other criminal sections generally cannot be finally closed by Lok Adalat. For quashing of the FIR, a petition under Section 482 CrPC before the High Court is usually required. In the High Court, the complainant’s presence may sometimes be required, but in many cases an affidavit confirming the settlement is sufficient, depending on the court’s direction.

Q: Filing a divorce and throgh the process of khula

If i proceed through khula process....can i get alimony even after iddah period legally....and how can i get registerd as divorced after khula has been done

Advocate Vinita Pandey answered
Under Muslim law, Khula is a divorce initiated by the wife with the consent of the husband. Generally, a wife is entitled to maintenance only during the iddah period. However, if she is unable to maintain herself, she may seek maintenance under Section 125 CrPC as per judicial interpretations. For legal proof, the Khula should be documented through a written agreement or confirmed by a Family Court/Qazi so that the divorce can be officially recognized.

Q: GST CHORI AUR BENAMI SAMPATTI 1 CHHOTE SE DUKAN SE 1 ARAB KI SAMMPATI

PMLA GST TAX EVASION GST CHORI AUR BENAMI SAMPATTI 1 CHHOTE SE DUKAN SE 1 ARAB KI SAMMPATI

Advocate Vinita Pandey answered
यदि किसी व्यक्ति ने छोटी दुकान से शुरू करके अवैध तरीकों से संपत्ति अर्जित की है, जैसे GST tax evasion, benami property या money laundering, तो ऐसे मामलों में कई क़ानून लागू हो सकते हैं।यदि आय का स्रोत वैध नहीं है और अवैध धन को छिपाने या संपत्ति में बदलने का प्रयास किया गया है, तो PMLA (Prevention of Money Laundering Act), GST Act और Benami Transactions (Prohibition) Act के तहत जाँच हो सकती है। संबंधित एजेंसियाँ जैसे ED, Income Tax Department और GST Department जाँच करके संपत्ति को अटैच या जब्त भी कर सकती हैं।यदि आपके पास इस संबंध में ठोस जानकारी या साक्ष्य हैं, तो आप संबंधित विभाग में शिकायत कर सकते हैं या किसी अधिवक्ता से सलाह लेकर उचित कानूनी कार्रवाई कर सकते हैं।

Q: Child visitation rights going extremely slow

Is there anyway to expedite child visitation rights? My wife was found in adultry and has taken my child away. She doesn’t let me meet my 3 year old son now. I hv filed for divorce, custody and visitation in family court but the process is extremely slow.

Advocate Vinita Pandey answered
You can file an application for interim visitation rights in the Family Court so that you may meet your child during the pendency of the case. You may also request the court for urgent hearing/early listing if you are being denied access to the child. The court decides visitation primarily on the welfare and best interest of the child.