Advocate Vishaal Gidwani

Questions Answered by Advocate Vishaal Gidwani (25+ answers)

Q: Want to live separate , I am an adult I can make my decision

Can I live separte , want to live without my parents but legally can I plz help me to do this, my parents are so so overprotective they don't allow me to do anything whatever I want ..I know living separte is a very big decision and very challenging but still I want to bcoz I can't tolerate them any more , they very very supportive but only for study..for them another thing from study is not at all good ..suggest me anything what should I do

Advocate Vishaal Gidwani answered
Yes, you absolutely can live separately from your parents legally, as long as you're an adult (18 years or older) and capable of taking care of yourself. The law fully recognizes your right to live independently, make your own decisions, and choose your lifestyle even if your parents disagree.

Q: Getting safety and monthly maintenance for me and my kids

How can I get monthly maintenance for my kids from a bsf head constable husband who abused me and my kids and attempts to harassment plus murder attempt but my kids career and our safety is important too as my parents are not supporting me

Advocate Vishaal Gidwani answered
File a police case against him for harassment and cruelty, after that file a dv case against him for maintenence of you and your kids, if you are firm than no need of parents support, law will support you and you will get justice.

Q: Can someone get arrested just on the basis of a suicide note.

If someone commits suicide and write a suicide note accusing my friend as the reason for his suicide but in reality my friend hasn't done anything in other words he is innocent. Then can my friend get arrested for it without any other evidence besides the suicide note, if yes can he get bail immediately. Can he be punished just on the basis of the suicide note and no other evidence.

Advocate Vishaal Gidwani answered
A suicide note alone can lead to your friend's arrest but he can get anticipatory bail, and conviction is unlikely. Courts require clear proof of intentional abetment, not just blame in a note. It is discretionary power o investigating officer to issue notice or to arrest, depends how the prima facie case is

Q: Fake case of Pretext of marriage gainst Boy

The girl is threatened my friend to file fake case against him of pretext of marriage and forceing him to marry her while he caught her cheating on him with another guy. The girl initially said sorry for her mistake but when my friend try to do breakup she started threatening him and his family for filing fake case of pretext of marriage. The guy is government employeeso she threatened h of loosing his job too. What should he do to save himself?

Advocate Vishaal Gidwani answered
First of all gather as many as evidences against the girl, do you have any chats, photos or videos of the girl where she is admitting her mistakes, file a written police intimation/ complaint against her and attach the relevant evidences, if still police files fir, then you need to go for anticipatory bail, see if your friend has a physicall relation with her, then things will go bad against him, you need to prepare for it, if not, than you can go for quashing of fir in high court,

Q: Filing the complaint against my ex

I was in a relationship with a guy &we had sex within 20 days of relationship as he assured me everytime that we'll live together for whole life and I'll marry you but after that in vacation we went in long distance as he's behaving very different than before, he's not giving even 15 mins in a day nd one day I asked him then he replied that we're not compatible and after 1 month I again asked him after meeting him then he said that he wants to focus on his studies,his priorities are different

Advocate Vishaal Gidwani answered
It seems that he promised to marry you just to have relationship which was also physicall, you need to file a written police complaint against your ex on the grounds of false pretext of marriage. You need to explain all the details in the complaint, your ex will be behind bars for sure