Advocate Yash Arora

Questions Answered by Advocate Yash Arora (25+ answers)

Q: Dv Case Filed By Wife After Husband Filed Petition For Divorce

Wife has Filed False Dv Case Against Husband in raigarh..How To Find Good Lawyer In Raigarh Chhattisgarh since husband is some other state

Advocate Yash Arora answered
Hello Sir, may I know if you have received any information regarding the appearance before the Mediation Centre or whether the police have submitted their report before the Magistrate? Although it’s a serious offence and you haven’t done anything wrong, it’s important to remain cautious about the next steps. You can contact me on WhatsApp or call me directly through my LawRato profile. Thank you.

Q: Physical & Mental Abuse By Husband

Hello, My sister was being abused from the start of the marriage. We always thought things would be better from now on. But in the last case, he beat my sister and took the younger child (5Years Girl) to his sister's place and is not letting my sister talk to her. We took our sister back to our home, and now she is very scared and traumatized by his behaviour, and still they are not letting her talk to her child; they have blocked the contact number. How can we proceed with this? HINDU

Advocate Yash Arora answered
I hope you are doing well. Based on the facts presented, there are several legal remedies available to your sister.Before proceeding, it is essential to ascertain how long your sister has been residing separately from her husband, as it may have a bearing on both maintenance and custody considerations.Moving forward, there are several legal precedents applicable to the scenario you described, which I have outlined below along with applicable case laws.Child Custody – She can initiate proceedings for custody of her minor daughter under Section 6 of the Hindu Minority and Guardianship Act, 1956 and the relevant provisions of the Guardians and Wards Act, 1890. The welfare of the child is the paramount consideration for the court, as held in Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42. Since the child is only five years old, the court generally prefers maternal custody, unless proven detrimental to the child’s welfare.Visitation Rights – Pending custody proceedings, she can also seek interim visitation rights, ensuring regular contact with her child, even if physical custody remains with the father initially.Maintenance – She is entitled to claim maintenance for herself and her daughter under Section 125 of the Code of Criminal Procedure, 1973, as reaffirmed in Chaturbhuj v. Sita Bai (2008) 2 SCC 316, where the Supreme Court held that a husband is obliged to maintain his wife if she is unable to maintain herself. Additionally, she may claim maintenance under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA).Domestic Violence Proceedings – Considering the alleged abuse and restraint, your sister can file a complaint under Sections 18 to 23 of the PWDVA, seeking protection orders, residence orders, and compensation for emotional and physical abuse.For any legal help you can connect me on WhatsApp or Direct call. Thanks

Q: Blackmailing and defamation issue

I m 30yr old and my girlfriend is 26yr old we are in physical relationship with mutual concent without any commitment of marriage. I have screenshot of chats/txt msgs. when I told her please don't think about future. Now there parents fix there mrg with someone else and she blackmailing me for forcefully marriage. does this screen shot can be used as proof if she do fir against me. Please guide me

Advocate Yash Arora answered
Hello, hope you are doing well. At present, your screenshots and messages may not carry much legal weight, but they could be considered circumstantial evidence during a future trial. There are various factors that the trial court takes into consideration.On the other hand, if she had initially given consent, she still has the right to revoke it. If she chooses to file an FIR, it may be treated as a case of rape based on a false promise of marriage. However, since no FIR has been registered yet, there is no immediate legal threat—this is just a possible scenario I am outlining for your understanding.It is advisable to try resolving the issue by involving your parents and settling the matter amicably. If an FIR is registered, it could have serious consequences for you.For any further guidance, feel free to contact me via call or WhatsApp.

Q: What do you do when an a lady may be your wife lodges a case of 498 a

What steps you follow when you face situation when your wife don't want to live with you and files a 498 a harassment case against you.

Advocate Yash Arora answered
Hello, I hope you are doing well. The matter largely depends on both families. Initially, both parties are given an opportunity to resolve the dispute outside of court through conciliation, as directed by the magistrate. If there is any misunderstanding, it should be clarified during this stage. Only if the conciliation fails is the case forwarded to the court for trial. In most cases, an FIR gets registered, and the legal process begins. Both families are affected during the trial, even though it is part of the judicial process. So do you need any legal guidance please feel free to contact me via call or WhatsApp.

Q: Pre-nuptial agreement in India

Hello, I have a girlfriend who frequently gives me police threats, calls me out as a "rapist", "kidnapper" and later clarifies that it was out of anger, she also gives me threat that she will write a note against me and commit self-harm. This has happened again and I don't think I want to live under threats anymore. Hence, I wanted to know wether there is any legal agreement, or anything which both of us can sign, so that she doesn't pursue this matter legally

Advocate Yash Arora answered
Hello, hope you are doing well. No, there is no legal agreement, such as a prenuptial agreement recognized in India before marriage. Although such agreements may exist in other countries, they are not legally valid here.Regarding your situation, she has already issued several threats and then tried to clarify them, which is not a good sign of a healthy relationship. As a precaution, you should file a complaint at your nearest police station, clearly detailing all past incidents in a sequential and factual manner. This will help safeguard you against any potential issues in the future.As for providing medical or psychological help to your girlfriend, that is entirely your personal decision. Ultimately, you must decide whether you want to continue the relationship or move on. For any guidance please feel free to contact me via call or WhatsApp Thanks