Advocate Prashant Kumar

Questions Answered by Advocate Prashant Kumar

Q: Mutual Petition for divorce after contested petition is cancelled

I am about to file mutual petition and 1st motion for my divorce. Contested petition was cancelled last month as both parties have come to settlement. 3 years separation. Can I change my lawyer? What are the charges of filing this and the motions? I would like to request immediate 2nd motion.

Advocate Prashant Kumar answered
Yes you can surely chamge your lawyer and hire a new lawyer to file the mutual divorce petitions on your behalf. The fee for filing the same would vary lawyer to lawyer, however a rough estimate shall be around 12 to 15000 for the same.

Q: Alimony in case of mutual divorce

If I go for mutual divorce , will i get alimony

Advocate Prashant Kumar answered
In case of mutual divorce, alimony and maintenance are usually decided mutually between the husband and the wife as a condition of divorce. You and you husband can mutually decide a amount as alimony and incorporate the same in the mutual divorce petition.however, as far as maintenance is concerned, if the divorce petition or the settlement agreement do not bar future maintenance, then you can file a petition seeking maintenance in future as well.

Q: Boyfriend marrying someone else after being in physical relations

He kept relationship for more than 6 years. We roamed around, stayed in hotels, had physical relationship and now due to dowry greed he is ditching me saying his parents are not ready to accept. Did he take his parents's permission before jumping in bed? What action can a girl take against such frauds for using her emotionally and physically? Though the fact is his elder brother is marrying a girl from other caste because his brother is not ready to give up. He has spoiled my seven years and I hv lost my virginity for a fraud. Please suggest what legal action can I take against him?

Advocate Prashant Kumar answered
if the consent for establishing physical relation was given on the pretext of marriage or under impression of marriage then you can file a police complaint against the boy and get him punished for the same.

Q: What to do i don't want to divorce my wife

I am Hindu .Living in delhi. my wife has left me without any major issue.I got married last year in May, this is love cum arrange marriage. This year on May 10th, she left the home and said she never come just because of my unmarried sister and mom. In between, she has miscarrieged of one and half month pregnancy. when she is at her home, she did not pick my phone and never told about her miscariege. She also using facebook and talk to some other persons and given her mobile to other person. I never tolerate this but I love her I just want that she come back at my home . she doing pressure me for separation from my parents. I am only son of my parent and they are senior citizen. I am living on rent. she is stubborn always talks for separation. what should I do?May i filed a case for restitution of conjugal rights? Is it better for our future life. I love her . I cant leave my parents and my wife. I do not want give divorce to her in any way.

Advocate Prashant Kumar answered
Sir,Given your scenario you should file for restitution of conjugal rights and try to grt her back home. However, you should also seek some legal assistance and prepare yourself in case you wife may file for a Divorce or case for cruelty caised at your home. Restitution of conjugal rights also serves as a precaution, if in case she files a divorce petition.

Q: Procedure to transfer criminal case from deoria to delhi

My mother in law live in delhi she is more than 60 years old , she go to her village deoria ( near gorakpur) up. In her village her 2 sons break her hand and makes marpeet etc, she file a case in deoria and comes to delhi, she wants transfer the case in delhi because she is senior citizen and not travel to many times in delhi to deoria

Advocate Prashant Kumar answered
Hello, as you want to transfer the case from uttar pradesh to delhi, you will have to file a transfer petition before the Hon'ble Supreme Court of India. Given the age of your mother, the supreme court may most likely accept your request and transfer it to Delhi.