Advocate Ashish Negi

Questions Answered by Advocate Ashish Negi

Q: Remarriage after high court's divorce decree & certified copy of same

Hi .. i got divorce from family court and confirmed by the high court as well on 23.11.2017 ...... the OP applied for certified copy on 24.11.17 and got it on 29.11.17 ...now i need to know when can i remarry ?

Advocate Ashish Negi answered
Hello QueristAs the limitations period is already over to challenge it, therefore, you can remarry. There is no obstacle in remarrying. RegardsAshish NegiAdvocate

Q: Husband files for divorce on the basis of false allegations on wife

My husband took me to his hotel in different city. Called my parents and said they have handed me to them. They will tell in 10 days. As my husband is unwell. I cried and tried to stop him. My husband left n ran. His number was out of reach. My father in law showed a local newspaper stating he has no relation with his son n daughter in law. I was in shock. I came back to my father's house. In 10 days we got a notice. Section 13 against me. Can you tell what should i do. I know this notice states my husband wont continue this relation. Bt he has put allegations on me. What should i do.

Advocate Ashish Negi answered
Hello QueristYou should defend your case by filing your reply in the said case and contest the same.And if you want to stay with your husband then you can file a petition for conjugal rights.RegardsAshish NegiAdvocate

Q: Procedure for divorce marriage done forcefully under arya samaj

How can I get divorce from arya samaj marriage, with least effort and money, I got marry a to a guy in Delhi in arya samaj, I don't wanted to get marry with him but there was some situations which force me to do, now it's 4 years we did not meet, not even we intimated,, after marriage, my family shifted to that place, that guy Is not a good person, I don't want him to interfere in my life ahead, our, s family did not know anything about it still.. Plzzzz help me out of this, I m very much scared from that guy still

Advocate Ashish Negi answered
You can file a divorce on the ground that you are not living with him for last 4 Years and in case he threatens you then you can file a criminal complaint against him.If you want to get divroce then you can speak to him and then can get mutual divorce

Q: Can I file a case against someone who violates my right to privacy?

A lady read my text messages without my permission. She also took screenshots of that message and sent it to others. Because of it i had to face emotional stress. Can i file case against her ? If yes, under which law does this case come ? What are my chances to win the case ? And what kind of punishment can she get and for how long ? Please tell me.

Advocate Ashish Negi answered
Hi QueristYou can file a criminal defamation case against that person under Indian Penal Code for which maximun punishment is 2 years. Whether you will succeed in trial or not that depends on the evidence produced during trial.You can also file civil defemation case.

Q: What is the remedy for a person Convicted In 138 N.I act?

The accused convicted by the court passing ex-parte order. What remedy he has now? Appeal under 374 crpc or revision before sessions 397 crpc??? Thanks in advance

Advocate Ashish Negi answered
Hello QueristIf a person is convicted in a cheque bounce case then he can file an appeal u/s 374 (3) Cr.pc before the session court. Alternatively revisions can also be filed u/s 397 Cr.pc but on a very limited grounds such as whereby the correctness, legality or finding of impugned sentence or order is challenged.