Advocate Vishal Thakur

Questions Answered by Advocate Vishal Thakur

Q: Summon issued hearing date 19 sep,2022

My father had bought a bike on emi i don't know exactly if it's pertaining to cheque bounce or what..ow my father is no more....

Advocate Vishal Thakur answered
if it is only in the name of your father you need not worry as cheque bounce being a criminal case does not concern with the legal heirs of the Accused.My advice is as follows:-Hire one pleader and provide him with your fathers deatu certificate. the pleader either will move an application for bringing on record the factum of death or on the date fixed he will submit the death certificate to the Court and this case will stand abated.

Q: Whether i will get my money back from my husband

My husband filed section 9 against me from Mumbai after 1 month i filed 125 crpc maintenance case from Bareilly.I have 2 months old son that's why i didn't go to attend his hearing .1 year of arrange marriage only.My parents gave 10 lakh cash money but no proof and some gifts.Iam working and husband is working.Whether i will get maintenance for me and my son?nWhether i will get money and gifts back ?nWhen to file interim maintenance?

Advocate Vishal Thakur answered
Your Husband has moved to the Court for Restitution of Conjugal Rights under section 9 of Hindu Marriage Act, and whereas you have moved to the Court under section 125 of Code of Criminal Procedure, 1973 as your husband has refused to maintain you and your minor child.125 generally is countered by Section 9 in courts because 125 provides that where a person having sufficient means neglects or refuses to maintain his wife unable to maintain herself, or his minor child or his father or mother unable to maintain himself or herself.In order for you to receive relief under section 125 you need to show to the Court that you despite working are not able to provide for yourself and your Minor child, this is done by way of contents given in your complaint. Even if it is the case that yes you can maintain yourself, still your husband is liable to pay for expenses occurred on account of minor Child. The law casts greater burden on your husband to prove otherwise.Coming to your next question i.e. your istridhan articles that inclues your dowry articles can only be recovered through police under section 406 and 491A of the Indian Penal Code.I would also advice you to go for section 24 of Hindu marriage act and also filling another case under section 12 of protection of women from domestic violence act.

Q: What Happen In The Matrimonial Dispute After The Fir Had Been Register

I have 498a case filed by my wife in caw cell which has been proceeded ahead and fir has been registered. As per my lawyer I applied for pre litigation mediation at delhi high court. In that the matter has been settled. My question is what will happen now. Do I need to care about the fir? Does police proceed ahead for arrest? What are the action steps I should take to quash fir? #marriage is under Hindu marriage act. And DoM is 1 Dec 2021. Please provide me suitable advice(s).

Advocate Vishal Thakur answered
Stick with your lawyer would be my advice, he has already passed an hurdle that most don't for years i.e. reaching a settlement.since FIR under section 498A is registered and the same being a state case cannot be compounded. In your matter trial will proceed as normal.My advice is to get sureties i.e. someone who can give sound surety to the sum of Rs as the Court deems fit for bail once you are called through summons into the court. Once you secure your bail, just receive all the documents make sure they are complete and ask the Court for long date allowing you to move to the Hon'ble High Court of Delhi at New Delhi for quashing of FIR under section 498A of Indian penal Code.Once the Hon'ble High Court of Delhi at New Delhi quashes your FIR, you are free to go to your daily life and need not worry about the case but till it is not quashed be careful and not miss the Court date.