Advocate RK Rastogi

Questions Answered by Advocate RK Rastogi

Q: Wife cheating on me, how to file divorce against her and get custody

I got married in 2008 and have a girl child of 8 year old, now I came to know that my wife is in relationship with another person, I have telephonic recording of both of them, if I file a case , will it be sufficient ground for divorce, shall I get custody of child, what will be time and expenses to get through the case. Can any one advise me , what action should I take

Advocate RK Rastogi answered
You can seek divorce on the above ground and you will also be able to get custody of your child. Time factor would depend upon whether your wife would also like to give you divorce by mutual contest or would like to contest thedivorce proceedings against her.

Q: False dowry case filed by in laws without marriage what should I do?

Received a legal notice from advocate of supreme court of charges of dowry life threatening and mental harrasment. My engagement was done on rush. I did not like the girl on engagement day so stated the same to the girl later and then there used to be arguments. It was broken and we apologised. so it was reconsidered. I asked her to plan & book a trip after wedding she did not like and started arguing. They broke it again. I apologised alot by sending 100s of messages. she responded to saying it will need time & effort & later broke it. Later her parent asked to pay 3L which my parent refused saying we can pay only 20K. After that they sent this legal notice of 5 page saying it would be informed to my manager & my fathers seniors in the office with disciplinary action. They included my whatsapp fight argument. They blamed my parent for dowry tilak. we have not received any cash &my wedding is not done. we have not given any threatening statement.Please advise how to deal now.

Advocate RK Rastogi answered
You can send reply to legal notice through a lawyer denying the specific charges in detail. You can also tell them that you would take legal action if they harass you further. It is not clear as to why did you apologise in the first place.

Q: Can regular inquiry be held after domestic inquiry was held previously

An employee suspended from job. Domestic Inquiry was conducted against an employee by Retd. High Court Judge. After only 3 dates and without evidences/witnesses, the Inquiry officer conclusion was: "I conclude that prima facie case is made out against employee under charge no. 1 to 5. In view of the above conclusions, the competent authority may, in its discretion, order an in depth regular Inquiry against the employee." The suspension is STAYED by District and Session Court under Educational Tribunal. Now, employer gave the letter of holding Regular Inquiry against the employee again by another Retd. High Court Judge. Please suggest, what employee can do now?

Advocate RK Rastogi answered
Please share the specific offence for which the enquiry has been ordered. Depending on the nature of the offence whether the offence is civil or criminal in nature, further course of action could be suggested.

Q: Can I get divorce without appearing in court?

Can I give divorce without appear court proceedings

Advocate RK Rastogi answered
You can not get divorce without appearing in the court as the court has to verify your grounds for seeking divorce. Moreover there has to be compelling reasons to satisfy the court for every absence on the date of hearing which will further depend upon the ground taken up for seeking divorce.

Q: how to Divorce on ground od non consummation & mental torture by wife

I was married i year ago and we lived together in same house, not as husband and wife.she used to go to her house very frequently , and hardly for some months we lived together...she had many friends boy friends and she never used to tell about anything, daily she used to have private conversations,when asked she would say something or the other reasons...she never used to care for me...she had her own life,but i cared for her very well...she hesitated to come to my parents house and used to come if there are any unavoidable functions...one day she went to her house and no news and no reply to messages...after so much of the mental tortures i faced ..finally i have decided to part way...how to proceed

Advocate RK Rastogi answered
you can definitely get the proceedings initiated against your wife for separation and divorce. Can you share specific instances where your wife has failed to carry out marital obligations base on which legal remedies would be suggested.